City of South Lake Tahoe
Report to City Council and
South Tahoe Joint Powers
Parking Financing Authority
Meeting Date: August 12, 2025
Title: Update to the Electric Vehicle Charging Rate for Public Chargers, $0.41 per kWh.
Location: Citywide
Responsible Staff Member: Sara Letton, Sustainability Coordinator, & Police Lt. Jeff Roberson Background:
On March 25, 2025, the council adopted an electric vehicle charging rate structure for its new public chargers. Upon commissioning the electric vehicle chargers at the Bellamy Garage in early July, staff were made aware that the City’s vendor Blink cannot implement the grace period for newly installed chargers.
Issue and Discussion:
On March 25, 2025 staff included a grace period in the proposed rate structure. Prior to the chargers becoming publicly available, Blink notified staff that it is unable to implement the grace period. In the meantime, customers have been charged the adopted $0.41 per kwh but they have not been charged a parking fee after their charging session. All customers, including those using the chargers, have been paying the garage parking fee via the newly implemented automated system at Bellamy.
A 15-minute grace period was designed to start at the end of a charging session, before the commencement of a parking fee that is meant to incentivize turnover in pursuit of good customer service (defined as maximizing available chargers). Staff designed cost recovery into the $0.41 per kwh, thus do not need the parking fee for cost recovery.
The original rate structure included a 15-minute grace period before a $0.50/minute (i.e. $30/hour) parking fee would commence. This is a $7.50 value at $0.50/minute. In the currently proposed structure without a grace period, staff propose not collecting $7.50 per hour from the originally proposed $30 per hour and propose $22.50 per hour. To clarify: this is an overstay fee for parking in an EV space while plugged in but no longer charging. The light on the Blink charger will be blue, indicating to Code Enforcement that it is not a citable offense. (A green light while parked indicates a car not charging, which is citable under the City’s EV Parking Ordinance).
Attachment 04 ‘Redline of March 25 EV Charging Rate’ provides a redline of the changes proposed in the context of the original staff report, with the example math updated. 1181
Council Agenda Report- August 12, 2025
Financial Implications:
While the rate structure will be modified, the financial implications effectively remain the same as described in the March 25, 2025 staff report:
Revenue will be collected into budget line item -35339, EV charging stations revenue accounts, by facility, to cover cost of providing the service. Blink will collect all revenue and remit payment to the City. The attached City Council and South Tahoe Joint Powers Parking Financing Authority resolutions are updated per this staff report and establish the electric vehicle charging rates at the city locations and at the Parking Garage and grant authority to staff to update the rates periodically to accommodate actual changes in electricity rates and operations & maintenance costs (due to changes in the Consumer Price Index) in order to maximize cost recovery without the need to return to council to do so.
Environmental Considerations: Staff has determined that the fee is exempt from CEQA pursuant to Public Resources Code Section 21065, as the fee does not constitute a “project” within the meaning of CEQA in that it has no potential to cause either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review.
Policy Implications: The public facing EV charging project supports the City’s Strategic Priorities:
1.4 Transportation via “electrification of the transportation system is a top priority.” 1.5 Carbon Neutrality to “pursue opportunities for electrification, including transitioning fleet vehicles to electric and building robust EV charging infrastructure by 2025.” The project advances the City’s Climate Action Plan:
EV-1, Promote and incentivize EVs and EV chargers.
The public facing EV charging project supports community GHG emissions reductions, contributing to the science-based emissions reductions target established in Resolution No. 2022- 088.
1182
Resolution 2025-XXX August 12, 2025 Page 1 of 2
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
August 12, 2025
Updating the Electric Vehicle Charging Rate for Public Chargers
BACKGROUND
A. Governor Newsom’s Executive Order N-79-20 set a goal of 100% of in-state sales of new cars and trucks be zero-emission by 2035.
B. The majority of zero-emissions vehicles will be electric vehicles that will require charging.
C. The City is desirous of providing public electric vehicle charging infrastructure.
D. Certain aspects of the state and municipal code authorize the imposition and collection of fees to defray the costs of providing certain programs and services.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Effective immediately, the City’s electric vehicle charging rate shall be structured to:
a. the current cost of electricity per kWh (i.e. indexed to the current cost per kWh, which is the weighted average of winter and summer periods, according to Liberty Utilities February 1, 2025, Rate Brochure),
b. City’s estimated cost of Operations & Maintenance per kWh, c. City’s estimated cost of equipment and installation per kWh, d. Blink’s 8% on top of the kWh (items 1a – 1c)
e. a Parking Fee of $22.50 per hour,
f. Blink’s per session fee of $0.49,
2. The per kWh component will be adjusted to accommodate actual changes in electricity rates and Operations & Maintenance costs (due to changes in the Consumer Price Index) in order to maximize cost recovery and minimize the need to return to council to do so.
3. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
Adopted by the City of South Lake Tahoe City Council on August 12, 2025 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Cody Bass, Mayor Pro Tem
1183
Resolution 2025-XXX August 12, 2025 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.
1184
Resolution 2025-XXX August 12, 2025 Page 1 of 2
Resolution 2025-XXX
Adopted by the South Tahoe Joint Powers Parking Financing Authority August 12, 2025
Updating the Electric Vehicle Charging Rate for Public Chargers at the Parking Garage
BACKGROUND
A. Governor Newsom’s Executive Order N-79-20 set a goal of 100% of in-state sales of new cars and trucks be zero-emission by 2035.
B. The majority of zero-emissions vehicles will be electric vehicles that will require charging.
C. The City and the South Tahoe Joint Powers Parking Financing Authority (STJPPFA) are desirous of providing public electric vehicle charging infrastructure at the Parking Garage.
D. Certain aspects of the state and municipal code authorize the imposition and collection of fees to defray the costs of providing certain programs and services.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the Governing Boards of the South Tahoe Joint Powers Parking Financing Authority hereby finds, determines, resolves and orders as follows:
1. Effective immediately, the electric vehicle charging rate at the Parking Garage shall be structured to:
a. the current cost of electricity per kWh (i.e. indexed to the current cost per kWh, which is the weighted average of winter and summer periods, according to Liberty Utilities February 1, 2025, Rate Brochure),
b. City’s estimated cost of Operations & Maintenance per kWh, c. City’s estimated cost of equipment and installation per kWh, d. Blink’s 8% of the kWh (items 1a-1c)
e. a Parking Fee of $22.50 per hour
f. Blink’s per session fee of $0.49,
2. The per kWh component will be adjusted to accommodate actual changes in electricity rates and Operations & Maintenance costs (due to changes in the Consumer Price Index) in order to maximize cost recovery and minimize the need to return to council to do so.
3. The STJPPFA Secretary shall certify to the adoption of this Resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
Adopted by the South Tahoe Joint Powers Parking Financing Authority on August 12, 2025 by the following vote:
Yes:
No:
Absent:
Abstain:
1185
Resolution 2025-XXX August 12, 2025 Page 2 of 2
________________________ Date:_________
Cody Bass, Vice Chair
Attest:
________________________
Susan Blankenship, Secretary
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
1186
Council Agenda Report- March 25, 2025
City of South Lake Tahoe
Report to City Council and
South Tahoe Joint Powers
Parking Financing Authority
Meeting Date: March 25, 2025
Title: Establishing an Electric Vehicle Charging Rate for Public Chargers, $0.4108 per kWh.
Location: Citywide
Responsible Staff Member: Sara Letton, Sustainability Coordinator, & Police Lt. Jeff Roberson Background:
In September 2020 Governor Newsom signed an Executive Order aimed at combatting climate change by setting the goal that 100% of new vehicles sales in California be zero emission by 2035. That Order emphasized the need to expand electric vehicle charging infrastructure to support the increasing adoption of electric vehicles. The City’s greenhouse gas inventories show transportation as consistently about one third of overall greenhouse gas emissions. The City’s Climate Action Plan identifies the EV-1 strategy metric as the “number of nonresidential EV charging stations installed.” Both private businesses and the City are noted contributors toward implementing the action.
The City has identified two sites for its first installations of public facing Level 2 electric vehicle (EV) charging stations. Seven (7) dual chargers (to charge up to 14 vehicles) will soon be installed at the Bellamy Garage, and three (3) more (to charge up to six vehicles) are scheduled for the new Recreation Center, also for installation in 2025. These sites were identified in the City’s 2022 EV Charger Siting Plan. The contract with Blink Network, LLC, for the chargers was approved at the June 18, 2024 City Council meeting, with an Amendment 1 on March 11, 2025.
Issue and Discussion: The City will be installing publicly accessible EV charging stations and the City must adopt an EV charging rate to charge customers because the City will own the chargers. Staff is recommending charging a rate to cover electricity, Operations & Maintenance costs, equipment & installation costs, a Parking Fee and our vendor’s fees.
For context, how many public EV charging stations are in South Lake Tahoe? A map of available charging stations is publicly available on Plugshare, which is a widely used app and website showing all public charging stations in a given area. Plugshare lists 34 stations in the city, including those currently functioning and those planned for construction. Staff vetted this list and found one redundant entry. Removing the redundant location, as well as those not yet active or long inactive, Staff accounted for 65 available charging ports in city limits as of fall 2024 (noting that some of the listed 34 stations by Plugshare are singles and most are dual stations). The City recently brought a contract to council with a plan to increase publicly available charging by 20 total 1187
Council Agenda Report- March 25, 2025
ports, as noted above. In addition, the City contracted to lease to Tesla twelve parking spaces at the City’s public parking lot at 3069 Harrison Avenue where they plan to install superchargers. The City will receive monthly lease payments from Tesla, and Tesla will otherwise manage the chargers and set their own rates.
An analysis of local EV charging rates
EV charging rates can be dynamic as frequently as within a given day because of time of use rates or holidays or other circumstances. For this reason, evaluating charging rates is an inexact endeavor. When a driver looks for an available charger on an app such as PlugShare, a vendor must have a relationship with PlugShare to enable frequent updates on the app. Going directly to a vendor/charger provider’s app will provide the best information. It is notable that the landscape of accountability has increased through time. California Department of Food and Agriculture’s Division of Management and Standards’ California Type Evaluation Program (CTEP) added commercial EV charging manufactured or installed in California to their compliance roster. This brings added transparency and accountability to EV charging. One effect is that new EV chargers must charge per kWh as opposed to per hour (which had been common especially on lower kW chargers as the state was first scaling EV charging).
A rate analysis in fall of 2024 of the 34 stations identified by the widely used Plugshare app provided just nine data points on the fees charged at the stations. Two locations with DC Fast Chargers charged $0.65 and $0.50 per kWh. Seven Level 2 EV charging locations charged:
$0.25, $0.25, $0.25, $0.25, $0.38, $0.45, and $0.49 per kWh. Those stations were either 6.48kW stations or the kW was not listed. The stations that the City is installing are 19.2kW dual stations.
This higher kW provides a faster charge, and better service to the public compared to the lower capacity chargers. Additionally, the 19.2kW station can be installed at a fraction of the cost of installation of a DC fast charger, which often necessitates significant electrical upgrades at typical sites. It provides the best of both worlds and ‘future proofs’ the City’s investment with faster Level 2 charging.
How long does it take to charge?
Table 1 shows that charging will take between 1.9 to 3.4 hours for a 60 - 80% charge on the planned 19.2kW chargers for the three bestselling electric vehicles in California during 2023.1 For comparison, it takes about three times as long to charge on a typical Level 2, 6.48kW charger.
Please note that energy dispensed will be divided when two cars are plugged into the dual charger at the City’s stations. If charge management is needed in order to avoid a demand charge to keep costs reasonable, electricity will be dispensed slower, extending charge times. 1B. Crothers, Forbes. Jan 30 2024, Plug-In Hybrid Gains, Jeep Wrangler 4xe Sales Strong in California https://www.forbes.com/sites/brookecrothers/2024/01/30/jeep-wrangler-4xe-tops-toyota-tesla-model-y-tops-everyone-in-california-evsales-in-2023/ 1188
Council Agenda Report- March 25, 2025
Table 1: Hours to achieve 60% or 80% capacity charge on California's 2023 bestselling EVs. This demonstrates a scenario of arriving at a charging station at 20% and desiring to charge to 80% or 100%.
Battery size
(kWh), min and
max available in
that model
charge 60% of
capacity of that
model's battery
(kWh)
Hours to achieve
that 60%
additional
capacity charge
on the City's 19.2
kW chargers (one
car plugged into
the dual charger)
charge 80% of
capacity of
that model's
battery (kWh)
Hours to achieve
that 80%
additional
capacity charge
on the City's 19.2
kW chargers (one
car plugged into
the dual charger)
Tesla Model Y 60 81 36 49 1.9 2.5 48 64.8 2.5 3.4
Tesla Model 3 60 82 36 49 1.9 2.6 48 65.6 2.5 3.4
Chevy Bolt 65 39 2.0 52 2.7
How much does electricity cost?
An EV charging rate will be composed primarily of the cost of electricity charged by Liberty Utilities. According to the posted February 1, 2025 Rate Brochure, the weighted average cost of electricity is $0.306813/kWh at the A-2 General Service rate (see Table 2). 2 The A-2 rate includes
demand charges above 200kw, and Blink chargers have charge management software that can keep demand low so as not to trigger the demand charge. Liberty adjusts rates sometimes multiple times in a single year by filing with the California Public Utilities Commission. 3 Staff
recommend indexing the EV charging cost per kWh to the cost of electricity, to be able to change the rate charged to customers as Liberty changes rates and/or as the CPI increases on the O&M contract without having to go to council every time this happens. Table 2 shows the current A-2 rate and a weighted average.
Table 2:
A-2 Medium General Services Rate, February 1, 2025 Rate Brochure $ 0.337900 Cost of electricity per kWh (Liberty -2, Medium Commercial WINTER). This is billed 8 of 12 billing periods a year.
$ 0.244640 Cost of electricity per kWh (Liberty -2, Medium Commercial SUMMER). This is billed 4 billing periods a year.
$ 0.306813
Weighted Average. Does not include demand charge. Blink allows for charge management, which allows us to keep total load within a defined maximum.
Cost of Operations & Maintenance of the chargers
In addition to electrical costs, the stations will be monitored and maintained by Blink Network, LLC via an annual Operations & Maintenance (O&M) agreement, as mentioned. The software allows Blink to monitor the stations remotely via cell signal for faults, receive feedback from users, and provide repairs for the stations as-needed. The cloud monitoring also allows City staff to set charging parameters (time limits, waitlists, etc.), as well as charging rates. This function is included in the O&M cost and is estimated to be approximately $0.05/kWh and is indexed to the CPI (San Francisco Bay Area) and is based on a certain estimated utilization rate of the chargers. 2 Liberty Utilities February 1, 2025 Rate Brochure, https://california.libertyutilities.com/uploads/Liberty%20Rate%20Brochure%202-2025.pdf 3 Liberty posts the most recent rates at this site: https://california.libertyutilities.com/truckee/residential/rates-and-tariffs/electrical.html 1189
Council Agenda Report- March 25, 2025
Cost of Network and Backend Support, and Session Fee
The City’s contract with Blink Network LLC includes the cost of network and backend support with Blink keeping 8% of the transaction, which is the cost of charging and the cost of overstaying (i.e. the Parking Fee). Blink also collects a session fee of $0.49 per charging session in order to support the cost of new technologies and roaming with other networks and providers.
Cost of Equipment and Installation
The cost of installation is highly variable depending on the site. Retrofitting charging infrastructure into the Bellamy Garage was more expensive than the brand-new Recreation Center. Staff estimate that a per kWh cost of equipment is $0.0140, based on actual cost and a life of 10 years and an estimated utilization rate. Staff estimate the cost of installation at $0.0343 per kWh over 10 years and the same utilization rate. Together these are about $0.05 per kWh Cost of a Parking Fee for overstayers
A rate structure that includes a fee for those whose vehicles remaining in the charging space once charging is complete would act to incentivize turnover, thereby maximizing EV charger availability.
Blink refers to this as a ‘Parking Fee’. City staff propose a Parking Fee of $0.50/minute22.50 per hour to commence immediately after a 15-minute grace period before that Parking Fee clock commencesthe charging session is complete.
Summary of Proposed Cost of EV Charging
In summary, the proposed cost of EV charging is a rate structure built on: whatever is the current cost of electricity at Liberty’s A-2 rate, the current cost of O&M (indexed to the CPI, as contracted), an estimate of cost recovery for equipment and installation, Blink’s 8% on the kWh, a $0.5022.50 per minute hour Parking Fee after a 15-minute grace period, and Blink’s $0.49 session fee. Note that Blink will take 8% of the Parking Fee. Staff commits to evaluating the appropriateness of this cost structure after about a year of data.
At current rates, the per kWh cost of electricity is $0.3068, plus $0.0229 per kWh for O&M, plus $0.0482 per kWh for equipment and installation, and Blink’s 8%, all equals $0.4108 per kWh. See Table 3 for a breakdown and example of costs and how revenues are broken down.
Table 3: Proposed EV Charging rate structure and example of cost breakdown.
Per kWh cost
Example to
purchase 39
kWh (60%
charge on a
Chevy Bolt)
Example to
purchase 39
kWh and
overstay
10min
Current cost of electricity at Liberty’s A2 rate $0.3068 $11.97 $11.97 Current estimated per kWh cost of O&M $0.0229 $0.89 $0.89 Estimated cost recovery for equipment
and installation per kWh $0.0482 $1.88 $1.88
Blink’s 8% of the kWh $0.0329 $1.28 $1.28
$0.50 per minute22.50 per hour Parking
Fee 0 $5.003.75
Subtotal $0.4108 $16.02 $21.0219.77
1190
Council Agenda Report- March 25, 2025
Blink's 8% $0.0329 $1.28 $1.68 58
City's 92% $0.3780 $14.74 $19.3418.19
Blink’s $0.49 session fee 0.49 0.49
Total (Cost to Customer) $16.51 $21.5120.26
Total for City $14.74 $18.1919.34
Total for Blink $1.77 $2.0617
Financial Implications:
Revenue will be collected into budget line item -35339, EV charging stations revenue accounts, by facility, to cover cost of providing the service. Blink will collect all revenue and remit payment to the City. The attached City Council and South Tahoe Joint Powers Parking Financing Authority resolutions establish the electric vehicle charging rates at the city locations and at the Parking Garage and grant authority to staff to update the rates periodically to accommodate actual changes in electricity rates and operations & maintenance costs (due to changes in the Consumer Price Index) in order to maximize cost recovery without the need to return to council to do so.
Environmental Considerations:Staff has determined that the fee is exempt from CEQA pursuant to Public Resources Code Section 21065, as the fee does not constitute a “project” within the meaning of CEQA in that it has no potential to cause either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review.
Policy Implications: The public facing EV charging project supports the City’s Strategic Priorities:
• 1.4 Transportation via “electrification of the transportation system is a top priority.” • 1.5 Carbon Neutrality to “pursue opportunities for electrification, including transitioning fleet vehicles to electric and building robust EV charging infrastructure by 2025.” The project advances the City’s Climate Action Plan:
• EV-1, Promote and incentivize EVs and EV chargers.
The public facing EV charging project supports community GHG emissions reductions, contributing to the science-based emissions reductions target established in Resolution No. 2022- 088.
1191
Council Agenda Report- March 25, 2025
1192
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 12, 2025
Agenda Item #:9
Agenda Item: Reimbursement Agreement with South Tahoe Public Utility District for the Rockwood to Blackwood Drainage Improvements Project
Executive Summary: The Upper Bijou Park Creek Watershed Restoration Project is a watershed-scale project seeking to address water quality and flooding issues in a phased approach in order to provide treatment for urban runoff from roadways, commercial and residential areas in an approximately 850- acre watershed that discharges to Lake Tahoe via the Ski Run Marina. The City is currently focused on the large upper watershed area subject to historic flooding, development impacts in Stream Environment Zone (SEZ) areas, and water quality issues. The upper watershed project includes plans to restore SEZ and floodplain areas, provide drainage solutions to support future active transportation improvements, and include distributed natural treatment systems to reduce sediment and nutrient loads in urban runoff that have the potential to impact Lake Tahoe. One part of the upper watershed project is the Rockwood to Blackwood Drainage Improvements Project, which began construction in May 2025 and will reduce flooding on Woodbine Road, Rockwood Drive, Blackwood Road, and in the Heavenly Valley Estates Mobile Home Park. Because the South Tahoe Public Utility District owns and maintains sanitary sewer and potable water utility facilities within the project’s limits that require relocation and/or modifications to accommodate the City’s project’s improvements, the City has been coordinating with the District and the District agrees to pay the City for the approved work outlined in the reimbursement agreement (Attachment 02). The District’s Board approved the reimbursement agreement for the Rockwood to Blackwood Drainage Improvements Project at their May 1, 2025 Board meeting. The Public Works Department recommends acceptance of the District Reimbursement for this project.
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor Pro Tem to execute the South Tahoe Public Utility District reimbursement agreement in an amount up to $59,728.75; and authorizing the Director of Finance to amend Fiscal Year 2024-2025 budget, and to invoice the District for an overall not to exceed amount of $59,728.75.
Responsible Staff Member: Brianna Greenlaw, Associate Civil Engineer Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report-STPUD Reimbursement UBPC.docx
02-STPUD Reimbursement Agreement (Exh. A to Reso).pdf
03-Resolution - STPUD Reimbursement UBPC.doc
1193
Council Agenda Report August 12, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 12, 2025
Title: Reimbursement Agreement with South Tahoe Public Utility District for the Rockwood to Blackwood Drainage Improvements Project
Location: Rockwood Drive, Blackwood Road, and Heavenly Valley Estates Mobile Home Park Responsible Staff Member: Brianna Greenlaw, Associate Civil Engineer Background: The Upper Bijou Park Creek Watershed Restoration Project is a watershed-scale project seeking to address water quality and flooding issues in a phased approach in order to provide treatment for urban runoff from roadways, commercial and residential areas in an approximately 850-acre watershed that discharges to Lake Tahoe via the Ski Run Marina. The City completed Phase 1 in 2018 with the redevelopment of the Knights Inn hotel, replacing the failing storm drain pipe with new stormwater treatment basins and conveyance system integrated in the new Wholefoods/Southwest Corner redevelopment project.
The City is currently in Phase 2 of the project, focused on the large upper watershed area subject to historic flooding, development impacts in Stream Environment Zone (SEZ) areas, and water quality issues. The upper watershed project includes plans to restore SEZ and floodplain areas, provide drainage solutions to support future active transportation improvements, and include distributed natural treatment systems to reduce sediment and nutrient loads in urban runoff that have the potential to impact Lake Tahoe.
One part of the upper watershed project is the Rockwood to Blackwood Drainage Improvements Project, which began construction in May 2025 and will reduce flooding on Woodbine Road, Rockwood Drive, Blackwood Road, and in the Heavenly Valley Estates Mobile Home Park.
Issue and Discussion: The City secured funding, prepared contract documents, advertised, awarded, and has been administering the construction contract for the Rockwood to Blackwood Drainage Improvements Project. On November 5, 2024, City Council awarded the Rockwood to Blackwood Drainage Improvements Project to FW Carson Co. ($1,750,421.00) and approved a 10% construction contingency ($175,042.10).
Because the South Tahoe Public Utility District (District) owns and maintains sanitary sewer and potable water utility facilities within the project’s limits that require relocation and/or modifications to accommodate the City’s project’s improvements, the City has been coordinating with the District and the District agrees to pay the City for the approved work outlined in the reimbursement agreement (Attachment 02). The District’s Board approved the reimbursement agreement for the Rockwood to Blackwood Drainage Improvements Project at their May 1, 2025 Board meeting.
Financial Implications: The Reimbursement Agreement for the Rockwood to Blackwood Drainage Improvements Project is $59,728.75, which includes the bid items to be reimbursed at estimated bid quantities with a contingency for changes in quantity. The final reimbursed value may be less due to final payment quantities which will be determined at the end of the project. The Public Works Department recommends acceptance of the District Reimbursement for this project. 1194
Council Agenda Report August 12, 2025 Page 2 of 2
Environmental Considerations: After completing all public noticing and review period required by relevant state laws, the Planning Commission adopted the CEQA Initial Study/Mitigated Negative Declaration for the Project on November 19, 2020 (SCH # 202090564). Addendum No. 1 was completed April 23, 2024 to document minor changes for staging and access, and other minor adjustments to the footprint of the channel improvements and drainage designs. On May 16, 2024, the Planning Commission adopted an addendum to the CEQA Initial Study/Mitigated Negative Declaration for the Project.
Policy Implications: Completing project improvements will assist with advancing the City Council Strategic Priority, Protect the Natural Environment, by meeting the sediment and nutrient reductions mandated by the Lake Tahoe Total Maximum Daily Load (TMDL) program. Fulfilling mandated TMDL reduction goals will assist with maximizing residential housing allocations under TRPA Code section
50.5.2.E.2 (Distribution and Administration of Residential Allocations – TMDL Implementation). 1195
1196
1197
1198
1199
1200
1201
Resolution 2025-XXX August 12, 2025 Page 1 of 2
Resolution 2025-XXX
Adopted by City of South Lake Tahoe City Council
August 12, 2025
Acceptance of South Tahoe Public Utility District Reimbursement Agreement for the Rockwood to Blackwood Drainage Improvements Project BACKGROUND:
A. The Project (EIP# 01.01.01.0184) is included on the priority list for watershed and water quality improvement projects within the Lake Tahoe basin.
B. On November 5, 2024, City Council awarded the Rockwood to Blackwood Drainage Improvements Project to FW Carson Co. ($1,750,421.00) and approved a 10% construction contingency ($175,042.10).
C. The Reimbursement Agreement for the Rockwood to Blackwood Drainage Improvements Project is $59,728.75, which includes the bid items to be reimbursed at estimated bid quantities with a contingency for changes in quantity.
The final reimbursed value may be less due to final payment quantities which will be determined at the end of the project.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Authorizes and directs the Mayor Pro Tem to execute the South Tahoe Public Utility District reimbursement agreement in an amount up to $59,728.75 for the Rockwood to Blackwood Drainage Improvements Project.
2. Authorizes the Director of Finance to amend Fiscal Year 2024-2025 budget as described below, and to invoice the District for an overall not to exceed amount up to $59,728.75.
REVENUE:
301-40051-33313 South Tahoe Public Utility District (-) $59,728.75 EXPENDITURE:
301-40051-48030 Rockwood to Blackwood Drainage (+) $59,728.75 Improvements Project
1202
Resolution 2025-XXX August 12, 2025 Page 2 of 2
Adopted by the City Council of the City of South Lake Tahoe on August 12, 2025 by the following vote:
Yes:
No:
Absent:
Abstain:
_______________________ Date: _______________
Cody Bass, Mayor Pro Tem
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
1203
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 12, 2025
Agenda Item #:10
Agenda Item: Reimbursement Agreements with South Tahoe Public Utility District for the Tahoe Valley Stormwater and Greenbelt Improvement Project
Executive Summary: The Tahoe Valley Stormwater and Greenbelt Improvement Project is a vital community and environmental improvement project. Based on feedback from the public received during the Area Plan process, and subsequent design meetings and public survey for the Greenbelt area, the project has been developed to provide the benefits requested by the community and stakeholders, including drainage, water quality, public space, new naturalized play structures, and improved active transportation paths. Due to the size and diversity of the overall project, the City split it into two phases to secure funding from a variety of eligible and applicable funding sources. Both phases are currently under construction. Because the South Tahoe Public Utility District (District) owns and maintains sanitary sewer and potable water utility facilities within the projects’ limits that require relocation and/or modifications to accommodate the City’s projects’ improvements, the City has been coordinating with the District and the District agrees to pay the City for the approved work outlined in the reimbursement agreements (Attachment 03 and 04). The District’s Board approved two reimbursement agreements for the Tahoe Valley Stormwater and Greenbelt Improvement Project, one for Phase 1 and one for Phase 2, at their May 1, 2025 Board meeting. The Public Works Department recommends acceptance of both District Reimbursements for this project.
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor Pro Tem to execute the South Tahoe Public Utility District reimbursement agreements in amounts up to $326,561.25 for the Phase 1 Project and up to $112,862.50 for the Phase 2 Project; and authorizing the Director of Finance to amend Fiscal Year 2024-2025 budget, and to invoice the District for an overall not to exceed amount of $439,423.75.
Responsible Staff Member: Brianna Greenlaw, Associate Civil Engineer Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - STPUD Reimbursement Agreements.docx
02-Project Area Map
03-STPUD Reimbursement Agreement Phase 1 (Exh. A to Reso) 04-Reimbursement Agreement Phase 2 (Exh. B to Reso)
05-Resolution - STPUD Reimbursement.doc
1204
Council Agenda Report August 12, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 12, 2025
Title: Reimbursement Agreements with South Tahoe Public Utility District for the Tahoe Valley Stormwater and Greenbelt Improvement Project
Location: Tahoe Valley Drainage Watershed
Responsible Staff Member: Brianna Greenlaw, Associate Civil Engineer Background: The Tahoe Valley Stormwater and Greenbelt Improvement Project is a vital community and environmental improvement project. Based on feedback from the public received during the Area Plan process, and subsequent design meetings and public survey for the Greenbelt area, the project has been developed to provide the benefits requested by the community and stakeholders, including drainage, water quality, public space, new naturalized play structures, and improved active transportation paths.
Due to the size and diversity of the overall project, the City split it into two phases to secure funding from a variety of eligible and applicable funding sources. Both phases are currently under construction.
1. Phase 1 consists of stormwater and water quality improvement work within the Bonanza neighborhood and downstream of James Avenue at 3rd Street to Tahoe Keys Blvd.
2. Phase 2 consists of the Central Greenbelt Area (behind the Crossings) spanning between Emerald Bay Road at B Street down to Highway 50 at 4th Street.
Issue and Discussion: The City secured funding, prepared contract documents, advertised, awarded, and has been administering construction contracts for both the Phase 1 and Phase 2 projects. On August 23, 2022, City Council awarded the Tahoe Valley Stormwater and Greenbelt Improvement Project, Phase 1 to Herback General Engineering ($6,688,511.36) and approved a 10% construction contingency ($688,852). On December 10, 2024, City Council awarded the Tahoe Valley Stormwater and Greenbelt Improvement Project, Phase 2 to Herback General Engineering ($6,754,601.95) and approved a 10% construction continency ($675,460.20).
Because the South Tahoe Public Utility District (District) owns and maintains sanitary sewer and potable water utility facilities within the projects’ limits that require relocation and/or modifications to accommodate the City’s projects’ improvements, the City has been coordinating with the District and the District agrees to pay the City for the approved work outlined in the reimbursement agreements (Attachments 03 and 04). The District’s Board approved two reimbursement agreements for the Tahoe Valley Stormwater and Greenbelt Improvement Project, one for Phase 1 and one for Phase 2, at their May 1, 2025 Board meeting.
Financial Implications: The Reimbursement Agreement for Phase 1 of the Tahoe Valley Stormwater and Greenbelt Improvement Project is $326,561.25, which includes the bid items to be reimbursed at estimated bid quantities with a contingency for changes in quantity. The Reimbursement Agreement for Phase 2 of the Tahoe Valley Stormwater and Greenbelt Improvement Project is $112,862.50, which includes the bid items to be reimbursed at estimated bid quantities with a contingency for changes in quantity. The final reimbursed values may be less due to final payment quantities which will be determined at the end of each phase of the project. The Public Works Department recommends acceptance of both District Reimbursements for this project.
1205
Council Agenda Report August 12, 2025 Page 2 of 2
Environmental Considerations: The Planning Commission adopted the CEQA, Mitigated Negative Declaration on May 9, 2019, SCH# 20190292152. Addendum No. 1 adding the basin and associated improvements at the corner of 4th Street and Barton Avenue was adopted by the Planning Commission on February 20, 2025.
Policy Implications: Completing project improvements will assist with advancing the City Council Strategic Priority, Protect the Natural Environment, by meeting the sediment and nutrient reductions mandated by the Lake Tahoe Total Maximum Daily Load (TMDL) program. Fulfilling mandated TMDL reduction goals will assist with maximizing residential housing allocations under TRPA Code section
50.5.2.E.2 (Distribution and Administration of Residential Allocations – TMDL Implementation). It also advances the City Council Strategic Priority, Recreation and Equitable Access for All, by facilitating implementation of trail infrastructure prioritizing the connection of bicycle and walking trails, from neighborhoods near the Greenbelt to the South Y commercial area and beyond. 1206
Map Extent
South Y
Greenbelt - Phase 2
Tahoe Valley SWIP - Phase 1
City Boundary
Lake Tahoe
Path: \\gis\share\Projects\PublicWorks\Engineering\TahoeValleyGreenbelt\TahoeValleyGreenbelt.aprx | Project Area Map | Date Exported: 9/27/2022 0 400 700 1,000 1,000 2,000
Feet
Public Works Department - Engineering
Tahoe Valley Stormwater
Improvement Project Area Map
1207
1208
1209
1210
1211
1212
1213
1214
1215
1216
1217
Resolution 2025-XXX August 12, 2025 Page 1 of 2
Resolution 2025-XXX
Adopted by City of South Lake Tahoe City Council
August 12, 2025
Acceptance of South Tahoe Public Utility District Reimbursement Agreements for Phases 1 and 2 of the Tahoe Valley Stormwater and Greenbelt Improvement Project
BACKGROUND:
A. The Project (EIP# 01.01.01.0033) is included on the priority list for watershed and water quality improvement projects within the Lake Tahoe basin.
B. On August 23, 2022, City Council awarded the Tahoe Valley Stormwater and Greenbelt Improvement Project, Phase 1 to Herback General Engineering ($6,688,511.36) and approved a 10% construction contingency ($688,852).
C. On December 10, 2024, City Council awarded the Tahoe Valley Stormwater and Greenbelt Improvement Project, Phase 2 to Herback General Engineering ($6,754,601.95) and approved a 10% construction continency ($675,460.20).
D. The Reimbursement Agreement for Phase 1 of the Tahoe Valley Stormwater and Greenbelt Improvement Project is $326,561.25, which includes the bid items to be reimbursed at estimated bid quantities with a contingency for changes in quantity. The Reimbursement Agreement for Phase 2 of the Tahoe Valley Stormwater and Greenbelt Improvement Project is $112,862.50, which includes the bid items to be reimbursed at estimated bid quantities with a contingency for changes in quantity. The final reimbursed values may be less due to final payment quantities which will be determined at the end of each phase of the project.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Authorizes and directs the Mayor Pro Tem to execute the South Tahoe Public Utility District reimbursement agreements in amounts up to $326,561.25 for the Phase 1 Project and up to $112,862.50 for the Phase 2 Project, which are attached hereto as Exhibits “A” and “B.”
2. Authorizes the Director of Finance to amend Fiscal Year 2024-2025 budget as described below, and to invoice the District for an overall not to exceed amount of $439,423.75.
REVENUE:
301-40030-33313 South Tahoe Public Utility District (-) $439,423.75 EXPENDITURE:
301-40030-48030 Tahoe Valley Stormwater and Greenbelt (+) $439,423.75 Improvement Project
1218
Resolution 2025-XXX August 12, 2025 Page 2 of 2
Adopted by the City Council of the City of South Lake Tahoe on August 12, 2025 by the following vote:
Yes:
No:
Absent:
Abstain:
_______________________ Date: _______________
Cody Bass, Mayor Pro Tem
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
1219
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 12, 2025
Agenda Item #:11
Agenda Item: Financial Policy Amendments Regarding Procurement, Grant Funding and Compliance, Preserving Capital Investments, Unclaimed Check, and New Financial Policy - Fraud Waste and Abuse Executive Summary: Financial policies that are up to date with current laws, governmental accounting standards and compliance are essential to the prudent financial management of the City’s assets and resources. Staff recommends amendments to the Procurement Policy and Procedures, Grant Funding and Compliance Policy, Preserving Capital Investments Policy, and Unclaimed Check Policy to streamline efficiencies and update policies to reflect the requirements of current laws and regulations.
The purpose of the proposed Fraud Waste and Abuse Policy is to create a deterrent by defining fraud, waste, and abuse and the consequences of such actions.
Requested Action / Suggested Motions: Pass a Resolution amending financial policies regarding Procurement, Grant Funding and Compliance, Preserving Capital Investments, Unclaimed Check, and adopting New Financial Policy - Fraud Waste and Abuse.
Responsible Staff Member: Andrew Black, Financial Services Supervisor, Lori Marino, Principal Management Analyst
Reviewed and Approved By: Olga Tikhomirova, Finance Director Susan Blankenship, City Clerk Heather Stroud, City Attorney
Attachments:
01-Staff Report - Financial Policy Amendments.docx
02-Resolution - Financial Policy Amendments.docx
03- CSLT Procurement Policy Redline.pdf
04- CSLT Procurement Policy (Exh. A to Reso).pdf
05- CSLT Grant Funding Compliance Policy Redline.pdf
06- CSLT Grant Funding Compliance (Exh. B to Reso).pdf
07- CSLT Preserving Capital Investments Redline.pdf
08- CSLT Preserving Capital Investments (Exh. C to Reso).pdf 09- CSLT Unclaimed Check Redline.pdf
10- CSLT Unclaimed Check (Exh. D to Reso).pdf
11- CSLT Fraud, Waste, and Abuse Policy (Exh E to Reso).pdf 1220
Council Agenda Report- August 12, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 12, 2025
Title: Financial Policy Amendments Regarding Procurement, Grant Funding and Compliance, Preserving Capital Investments, Unclaimed Check, and New Financial Policy – Fraud Waste and Abuse
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:
Procurement Policies and Procedures: Amendments to this policy now incorporate provisions for reporting and addressing “Fraud, Waste, and Abuse,” along with associated disciplinary actions, in line with the newly proposed policy. The section on “Authorized versus Unauthorized” purchases has been expanded, including details on the ratification process for unauthorized purchases. Vendor invoice requirements have been clarified, and new definitions and examples are provided for Contract Amendments, Renewals, and Change Orders. Additionally, the policy now specifies approval requirements for purchasing vehicles and vehicles equipment.
Grant Funding and Compliance Policy: The proposed updates to this policy add provisions for reporting and addressing “Fraud, Waste, and Abuse,” including related disciplinary actions, to align with the new recommended policy. Additionally, the updates highlight the requirement that Grant Award Contracts be attached to the Staff Report documentation submitted for approval of the award and the allocation of funding into the city budget.
Preserving Capital Investments Policy: Amendments to this policy include clarifications regarding the donation of surplus City assets, allowing these items to be given to eligible public agencies or tax-exempt charitable groups if the assets are deemed to have no remaining value or municipal use.
Unclaimed Check Policy: The proposed policy updates involve minor changes, such as substituting 'Administrative Services Department' with 'Finance Department' and revising the physical address and website link. Other updates include modifying the sample resolution in Exhibit IV and incorporating revisions to Government Code 50050 that took 1221
Council Agenda Report- August 12, 2025 Page 2 of 2
effect on January 1, 2022.
The proposed new policy, recommended by grant auditors, was developed to clearly define fraud, waste, and abuse and to outline the consequences of these actions, thereby serving as a deterrent.
Fraud, Waste, and Abuse Policy: This policy aims to enhance the City’s overall integrity, transparency, and efficiency by promoting responsible fiscal management and upholding an ethical environment. Its objective is to provide a confidential means for City employees, residents, officials, and other concerned individuals to report suspected wrongdoing or violations of applicable federal or State laws and regulations relating to fraud, waste, and abuse.
Financial Implications: Financial Policies that are up to date with current laws, governmental accounting standards and compliance are essential to the prudent financial management of the City’s assets and resources.
Environmental Considerations: These policy additions and amendments are not a project subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b) (general policy and procedure making).
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.
1222
Resolution 2025-XXX August 12, 2025 Page 1 of 1
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
August 12, 2025
Approving Financial Policy Amendments Regarding Procurement, Grant Funding and Compliance, Preserving Capital Investments, Unclaimed Check, and New Financial Policy – Fraud Waste and Abuse
BACKGROUND
A. The City of South Lake Tahoe City Council approves and adopts Financial Policies to support the City’s financial operations and ensure its fiscal health; and B. Financial Policies require amendments from time to time to ensure compliance with the requirements set forth in Federal and State law; Generally Accepted Accounting Principles (GAAP) and City Code; and
C. Amendments to the Procurement Policy, Grant Funding and Compliance Policy, Preserving Capital Investments Policy, and Unclaimed Check Policy have been presented to the City Council for review and described in the staff report; and D. New policy, Fraud Waste and Abuse, has been created to provide a deterrent by defining fraud, waste, and abuse and the consequences of such actions.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED that the City Council of the City of South Lake Tahoe:
1. Approves the amendments and updates as described in the Financial Policies- Procurement Policies and Procedures (attached hereto as Exhibit A), Grant Funding and Compliance (attached hereto as Exhibit B), Preserving Capital Investments (attached hereto as Exhibit C), Unclaimed Check (attached hereto as Exhibit D); and
2. Adopts the New Financial Policy – Fraud Waste and Abuse Policy dated August 2025 (attached hereto as Exhibit E).
Adopted by the City of South Lake Tahoe City Council on August 12, 2025 by the following vote:
Yes:
No:
Abstain:
Absent:
________________________ Date: _________
Cody Bass, Mayor Pro-Tem
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.
1223
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 1
FINANCIAL MANAGEMENT
PROCUREMENT POLICY
These guidelines establish the basic policies and procedures for the procurement of goods and services in accordance with City Ordinance Adopted and Approved by the City Council August 123, 20254. 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. Executed written contracts and PSA’s over $10K need to be sent to City Clerk.
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. Executed copies need to be sent to City Clerk.
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. Executed copies sent to City Clerk.
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.
1224
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 2 Table of Contents
1. General Standards ....................................................................................... 54
1.1 Code of Conduct Overview Ethics ..............................................................................54
1.2 Code of Ethicsnflict of Interest ..................................................................................545
1.3 Conflict of InterestPublic Projects (CUPCCA) ....................................................... 65-6
1.4 Accepting Gifts and GratuitiesOn-Site Services ..........................................................67
1.5 Avoid Making a Gift of Public FundsSplitting Purchases ...........................................67
1.6 Fraud, Waste, and AbuseSole Source Purchasing ...................................................... 67
1.7 Reporting HotlineEnvironmentally Preferable Products .............................................78
1.8 California Whistleblower ActSB 1383 Recovered Organic Waste Products ..............78
1.9 Disciplinary Actions for Policy ViolationsCooperative Purchasing ...........................79
1.210 Public ProjectsBusiness License Requirement ........................................................89
1.311 On-Site ServicesBudget Appropriation .....................................................................9
1.412 Splitting PurchasesDisposition of Surplus .......................................................... 1010
1.513 Sole Source PurchasingInformation Technology Purchases ............................. 1010
1.6 Environmentally Preferrable Products …………………………………………….10
1.7 SB1383 Recovered Organic Waste Products ………………………………………11
1.8 Cooperative Purchasing …………………………………………………………….11
1.9 Business License Requirement ……………………………………………………..11
1.10 Budget Appropriation ……………………………………………………………..12
1.11 Disposition of Surplus……………………………………………………………..12
1.12 Information Technology Purchases ……………………………………………….13
1.13 Vehicles, Parts, Equipment, Installation, Small Engine Equipment ….…….…….14
1.14 Equipment and Capitol Expenditures……………………………………………...14 Capital Expenditures Utilizing Federal Funds…………………………………….14
1.15 Authorized vs. Unauthorized Purchases ……….………………………………….15 Ratification Process ……………………………………………………………….15
Restitution ………………………………………………………………………….15
1225
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 3
1.16 Approving Authority ………………………………………………………………16
Discretionary Purchases (less than $10,000) ....................................................... 171
2.1 Signature Authority ....................................................................................................171
2.2 Discretionary Process ........................................................................................................... 17
2.32 Vendor Invoice Requirements and Payments Local Vendor Master Accounts ...... 161
2.43Local Vendor Master Account Purchases Petty Cash ................................................. 182
2.54 Purchase utilizing Federal Funds/Other Revenue Petty Cash Purchases.................182
2.5 Discretionary Process ........................................................................................................... 13
3. Informal Solicitations ($10,000 - $59,999) .......................................................183
3.1 Signature Authority ....................................................................................................183
3.2 Equipment and Capital Expenditures Informal Bid and Proposal Process ...............184
3.33 Informal Bid and Proposal Process Purchase Orders ....................................... 194-16
3.44 Purchase Orders Purchase Agreement ..................................................................2016
3.5 Purchase Agreement Professional Service Agreement ...........................................2016
3.6 Professional Service Agreement Consultant Invoices ............................................2017
3.7 Consultant Invoices ........................................................................................... 21-2217
4. Formal Solicitations ($60,000 and above) ............................................... 2217-18
4.1 Signature Authority ..................................................................................................2218
4.2 Formal Bidding Process ...........................................................................................2218 Public Projects ...................................................................................................2218 Requests for Proposals (services or consultants) ...............................................2318 Requests for Qualifications (pre-qualification for consultants) .........................2318 Invitation to Bid (goods, materials equipment) .................................................2318
4.3 Local Business Preference .......................................................................................2319
4.4 Bidders Security .......................................................................................................2419
4.5 Bid and RFP/RFQ Evaluations ................................................................................2419 Evaluation Committee/ Forms ………………………………………………………………………………..24 Rejections / Tie Bids ............................................................................................240 Less than three Bids/ No Bids Received ..............................................................251 Waiver of Irregularities and Rejection of Bids ....................................................261
4.6 City Council Staff Recommendations .......................................................................261 Staff Report / Resolution .....................................................................................262 1226
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 4
4.7 Bid Protests ................................................................................................................272
4.8 Maintaining Documentation ......................................................................................273
4.9 Federal Procurement/ Other Revenue Funds ..............................................................28
5. Forms and Templates ....................................................................................... 294-103-96 Exhibit A- Payment Request Form ....................................................................3025 Exhibit B – Sole Source Justification ................................................................3227 Exhibit C – Request for Quotes .........................................................................3429 Exhibit D – Ratification Form ..............................................................................36 Exhibit ED – Contract/Agreement Routing Form ...............................................381 Exhibit FE – Proposal Evaluation Forms and Scoresheet ...................... 40-4333-36 Exhibit GF – Standard RFP/RFQ Required Template ............................ 45-5338-45 Exhibit HG – Standard PSA (Professional Services Agreement) .............. 5148-663 Exhibit IH – Standard Invitation to Bid ................................................ 72-=7965-72 Exhibit JI – Standard Purchasing Agreement (contract for goods) ........ 81-8974-82 Exhibit KJ – Bid Rejection Letter ......................................................................9184 Exhibit LK – Bid Acceptance Letter .................................................................9386 Exhibit ML – Instructions to Create a PO ............................................ 95-10388-96
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, as well asnd 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 1227
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 5 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 CONDUCT OVERVIEW
All employees are responsible for impartially assuring fair competitive access to city procurement opportunities by responsible suppliers, vendors, and contractors. In addition, all employees and city officials shall conduct themselves in a manner that avoids any impropriety, or appearance of impropriety, and fosters the highest level of public confidence in the integrity of the City of South Lake Tahoe procurement process.
1.1 Code of EthicsODE OF ETHICS
Public employees and officials shall act in good faith to perform their duties ensuring fair and equitable treatment of all persons dealing with government procurement; to foster public confidence in the integrity of the procurement process; and to ensure the appropriate application of purchasing ethics. When engaging in procurement, any person employed by the City of South Lake Tahoe, or vendors and third parties doing business with the City of South Lake Tahoe, shall be bound by this code of ethics, including but not limited to the following:
1. Avoid the intent and appearance of unethical behavior or fraudulent practices.;
2. Diligently follow the procurement laws, rules, and procedures.;
3. Refrain from any activity that would create a conflict between personal interests and the interests of the City.;
4. Identify and eliminate any conflicts of interest.;
5. Avoid soliciting or accepting money, loans, credits, discounts, favors, gifts, or services from present or potential suppliers which may influence or appear to influence purchasing decisions.;
6. Ensure that all persons are afforded equal opportunity to compete in a fair and open environment., and;
7. Encourage any person, including any actual or prospective bidder, offeror, contractor, or business to act in good faith to practice purchasing ethics, and display business integrity as a responsible offeror.
1.2 Conflict of Interestonflict 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”.
1228
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 6 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
Accepting Gifts and Gratuities
No city employee or official, shall solicit, demand, accept or agree to accept a gift of goods or services, payment, loan, advance, deposit of money, or employment offer presented, promised in return for, or in anticipation of favorable consideration in a city procurement. Nor should any city employee or official accept any meals, lodging, transportation, favor, hospitality, or any other thing of value from anyone who is doing or seeking to do business with the City of South Lake Tahoe.
Avoid Making a Gift of Public Funds
The Constitution of the State of California prohibits any gift of public funds. All expenditures of public funds must support the Departments’ function, purpose, and provide benefit to the City.
This prohibition extends to any advance payments or pre-payments made to a contractor before work has been performed or before all goods or services have been accepted per CA Government Code, Section 19990. This does not apply to Mobilization costs for Public Construction Contracts.
Fraud, Waste, and Abuse
The City of South Lake Tahoe is dedicated to safeguarding its revenue, property, information, and other assets from any deceitful attempts by members of the public, recipients of city funds, contractors, vendors, agents, employees, and city officials to gain unauthorized benefits. All employees and city officials are responsible for the detection, reporting and prevention of fraud, misappropriations and other misuse. Accordingly, it is the policy of the City to identify and promptly investigate any possibility of fraudulent or related dishonest activities against the City and, when appropriate, pursue legal remedies available under the law. Additional information, examples, procedures, and disciplinary actions can be found in the City’s Financial Policies, Fraud, Waste, and Abuse Policy approved by City Council in August 2025.
Reporting Hotline
Employees can report complaints, suspicions, or violations of any code of conduct policy, directly to their Supervisor, Department Head, Human Resources, or they can report via the city Hotline.
The Hotline is available 24 hours per day and can be anonymous, or the employees can identify 1229
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 7 themselves. The Hotline number is (800) 576-5262; South Lake Tahoe organization code is 10060.
California Whistleblower Protection Act
It is the public policy of the State of California to encourage employees to notify an appropriate government or law enforcement agency, person with authority over the employee, or another employee with authority to investigate, discover, or correct the violation or noncompliance, and to provide information to and testify before a public body conducting an investigation, hearing or inquiry, when they have reason to believe their employer is violating a state or federal statute, or violating or not complying with a local, state or federal rule or regulation. Employees will be granted Whistle-Blower protection when acting in accordance with this policy. When an employee provides information about a suspected impropriety, neither the City nor any person acting on behalf of the City shall dismiss or threaten to dismiss the employee, discipline, suspend or threaten to discipline or suspend the employee, impose any penalty upon the employee or intimidate or coerce the employee.
Disciplinary Actions for Policy Violations
City employees shall abide by and be accountable for the codes of conduct established in this policy. These policies are in accordance with Government General Procurement Standards in the Code of Federal Regulations CFR §200.318(c), as well as State of California Government Code, Section 19990. Policy violations may result in disciplinary actions in accordance with the city’s established procedures, consistent with state law and may include, but are not limited to:
1. Disciplinary action, up to and including termination of employment
2. Restitution for all losses, including investigation and legal expenses
3. Forwarding information to the appropriate authorities for criminal prosecution
4. Institution of civil action recover losses
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.
1.31.2 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, 1230
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 8 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 $7560,000 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. Vendors chosen in this manner must be on the prequalification list.
Informal bidding for Public Projects: Monetary Limit. Public contracts of $2200,000 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 $2200,000 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;
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 1231
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 9 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.
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.
Prevailing Wage Requirements: The payment of prevailing wages is required for maintenance contracts must follow California Department of Industrial Relations (DIR) contractor registration requirements for contractors and their subcontractors. Suitable language regarding this requirement should be in all such contracts. Awarded contracts must be registered with the DIR by designated staff within 30 days of award. Awarding a contract to a contractor who is not registered with the DIR can result in penalties to the City.
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.
1.41.3 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. All written contracts or PSA’s must be routed for signature per requirements of this policy.
1.3.All executed contracts and/or PSA’s must be forwarded to the City Clerk for records retention.
2.4.Cal-Cards are prohibited as a payment for On-Site Services.
1.51.4 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.
1232
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 10 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.
1.61.5 SOLE SOURCE PURCHASING
Pursuant to SLTCC § 3.45.060; where an acquisition would otherwise be subject to competitive bidding, the procurement of materials, supplies, equipment, or services from a Sole Source may be permitted only when submitting an approved Sole Source Justification Form (Exhibit B) and one of the following conditions exists:
1. Proprietary: The item is available only from a single source; the item is held under exclusive title, trademark, or copyright by a private person or company; a proprietary distributorship would also apply.
2. Emergency Purchase: Non-public projects requiring public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation, per SLTCC § 3.45.070. Whereas the procedures set forth in this policy would result in hazardous delays, loss to the City, or damage to life, health, safety of citizens, the City Manager may approve the non-competitive purchase of materials, supplies, equipment, or services. For Public Projects, refer City Code § 3.45.180, and Public Contract Code Section 22050.
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).
1.71.6 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.
1.78 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.
1233
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 11 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.
1.89 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). Cooperative Purchasing is not applicable to Public Projects.
1.910 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).
1234
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 12
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.
1.101 BUDGET APPROPRIATION
Federal, State, and Local Governments are legally required to operate within an approved Municipal Budget. Article 1, Section 9, of the U.S. Constitution states, “No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law”.
1. Government Fund Accounting is required by California Law meaning each stream of revenue and associated expenses must be accounted for and tracked within a specific governmental fund.
2. Appropriated budget MUST be available and verified prior to ANY purchase, contract, or professional service agreement rendered.
3. If budget is not identified, or funding has not been approved and appropriated into the current fiscal year budget, STOP. Do not proceed with the purchase or contract until City Council or the City Manager has appropriated budget in accordance with the following delegation of authority:
Transferring/ Adding Budget Authorization
Transfers between budgeted line items and
categories within the same budgetary
category, department and fund account
number:
Department Head- via email to the
Administrative ServicesFinance Director
Transfers between account
numberscategories and departments and
category within the same fund:
City Manager- via email from Dept.
Head. CM will authorize adjustment via
email to Admin. ServicesFinance 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.
1235
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 13
1.112 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.
1.13 1.12 INFORMATION TECHNOLOGY (IT) EQUIPMENT
To maintain proper internal controls, and asset inventory; Any IT item requiring installation, support, or security evaluation, should be researched, vetted, PURCHASED, and inventoried by the IT Department. Under no circumstances should these items be purchased by departments other than IT. These items include but are not limited to:
o Printers
o Smart TV’s
o Computers
o Laptops
o Software/ Software Subscriptions
o Tablets/ IPads/ Accessories
o Cell Phones/ Cell Phone Apps
o Monitors
o Any network connected device (wired or wifi)
o Any other IoT (Internet of Things) devices
• An IoT device is defined as web-enabled smart devices that use embedded systems, such as processors, sensors and communication hardware to collect, send and act on data acquired from their environments.
• Departments should consult IT via email to ensure compliance and compatibility for small purchases such as USB drives, keyboards, mice, charging devices, etc. 1236
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 14 • Please Note: all employees responsible for procurement or utilizing any City information device are required to complete the Cybersecurity Trainings issued city-wide by the IT department. Employees who do not complete the trainings may be prohibited from using City Information Systems and Devices.
1.13 VEHICLES, PARTS, EQUIPMENT, INSTALLATION, SMALL ENGINE EQUIPMENT Purchase of the following requires the approval of the Fleet Division Manager. Please include a copy of E-Mail approval with your PO, Invoice, or Cal Card Statement. Items requiring service maintenance, lease, or warranty information should be purchased with a PO or written contract detailing the warranty and/or other service or lease requirements. o Vehicles
o Vehicle parts, components, accessories
o Vehicle electronics
o Vehicle Equipment, any item requiring installation
o Small Engine Equipment (ex. snowblowers, lawnmowers, etc.) o Items with an engine requiring maintenance and/or warranty
1.143.2 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. 1237
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 15
1. Federal capital expenditures are allowable as direct costs, provided items with a unit cost of $105,000 or more have the prior written approval of the Federal awarding agency or pass-through entity. Effective 10/1/2024, rate is increased to $10,000, per Section 2 CFR §200.313.
2. Notify A/P through e-mail or notation on invoice when purchasing equipment with Federal Funds costing $10,000 or more. A/P will provide an inventory tag to track the item as noted below. ($5K through 9/30/24).
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.
1.15 AUTHORIZED VS. UNAUTHORIZED PURCHASES
This section defines authorized and unauthorized purchases and how they are approved as well as establishing the employee responsibility for unauthorized purchases that are not procured in accordance with this policy or ratified by the appropriate award authority.
Authorized Purchases: Purchases are authorized only when the appropriate procurement method has been followed, and the appropriate signing authority has approved the purchase per the requirements of this policy.
Unauthorized Purchases: Purchases made without proper procurement procedures or approved by anyone other than the appropriate signing authority, and/or not approved in according to the thresholds of this policy. The City cannot pay for unauthorized purchases.
Ratification Process: Unauthorized purchases can be validated if ratified by the appropriate signing authority and a written explanation of the procurement method used. For unauthorized purchases to be considered for ratification, the following steps must occur:
1. The employee making the unauthorized purchase must provide a written explanation of why the purchase was made, and what procurement methods were used. (Exhibit D Ratification Form attached).
2. The Ratification Form must be reviewed and approved by the appropriate signing authority and approved by the Finance Director and City Manager. If purchase is over $60K, it must be ratified by City Council.
1238
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 16
3. Ratification Form must have attached backup to substantiate the purchase. For example- Sole Source Justification, Request for Quotes Form or 3 quotes attached, Bid evaluation information and/or documentation, or Cooperative Purchase contract. • Restitution: In the event that a vendor has been paid and the Unauthorized Purchase is not subsequently ratified or is not approved in the manner stated in this policy, the employee may be held responsible for reimbursing the city.
1.15APPROVING AUTHORITY
The Approving Authority in each department is responsible for insuring that all purchases comply with the City’s Procurement Policy and CAL-Card program.
Other duties of the Approving Signature Authority include:
1. Reviewing available budget prior to purchases and upon approving invoices for payment.
2. Ensuring bid process and compliance is in accordance with this policy.
3. Reviewing Cal Card holders’ statements to ensure purchases are appropriate and charged to the correct account number with available budget.
4. Ensuring all Invoice documentation (receipts, acknowledgements, packing slips, etc.) are attached to the Cal Card holder statement.
5. Reviewing and approving invoices for accuracy. Signing and dating the Invoice with appropriate account number with available budget.
6. Submitting all cardholder statements, and invoices to Accounts Payable in a timely manner.
7. Resolving issues related to invoices, credits, purchases, and backup documentation.
Delegation of Signature Authority:
Finance Director approves for: City Manager
City Manager approves for: Dept. Heads, Direct Report Employees, City Clerk & Elected Officials
Department Heads approves for: Division Managers, Dept. Employees Division Managers approve for: Direct Report Employees
Approval Authority Thresholds:
Purchase Dollar Limit: Approval Authority- Signature Required $0 - $9,999 Supervisor/ Designated Purchaser
$10,000 - $29,999 Department Head
$30,000 - $59,999 Department Head and City Manager
$60,000 and over City Council Approval and City Manager Signature 1239
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 17
2. DISCRETIONARY PURCHASES: $0 - $9,999.00
GoodsItems and services less than $10,000 can be purchased directly by a Designated Purchaser within a City department without a competitive bid process, this threshold must include tax, shipping, and handling. Purchasers should ensure available budget and use best efforts and judgment to provide greatest value to the city. ALL purchases require an itemized receipt or invoice upon purchase.
2.1 SIGNING AUTHORITY
Discretionary Purchases require the approval signature of the Department Supervisor or the Ddesignated “Purchaser” for the department. Accounts Payable requires a valid itemized invoice, appropriate 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 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 with available budget, “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 M.
2.3 VENDOR INVOICES
Invoices are more than requests for payment. They’re legal documents, historical records of sale, and an important part of the financial workflow. An invoice is a key component of the sales and payment process. A detailed invoice needs to be received for ALL purchases and submitted to Accounts Payable when requesting payment.
Invoice Requirements:
• Contact Information: Business or owner name, address, phone number, email address • Bill to Information: Name and address where payment should be sent • Invoice Number: invoice or order identifier
• Invoice Date: Date invoice is prepared
1240
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 18 • Description of goods/services: must provide detailed information of goods purchased (quantity, description of item, cost per item) and/or services provided (description of services, cost per hour or task).
• Subtotal of costs
• Sales Tax: City of South Lake Tahoe is 8.75%
• Total Invoice: Total invoice amount to pay
Invoice Payments:
Invoices can ONLY be paid if budget is available, and must include the following:
• Account Number used for payment should be clearly marked on the invoice, email or payment request, with the notation “OK to pay”.
• Amount of payment must be available in the current year budget in the appropriate department accunt and object code.
• Example: “OK to pay with account# 100 01511 45010”. This account number reflects the General Fund (100), Accounting Department (01511) and the purchase is for General Supplies (object code 45010). Budget must be available in the 45010 line item. • Refer to your department’s Budget to Actual in the Financial One Solution Software System (e.g., OneSolution) to determineverify the correct account number and confirm available budget.
• All Department Heads, Managers, and Designated Purchasers should have access to the software system and know how to review the budget when responsible for procurement. • Proper authorization signature must be clearly marked on the invoice, email or payment request in accordance of Approval Authority per dollar threshold. • Invoices should be routed for signature and sent to Accounts Payable or emailed to [email protected] for payment.
2.42 LOCAL VENDOR MASTER ACCOUNT PURCHASES: Many local vendors allow city employees to make discretionary purchases against an approved master account (ex. Meeks, Ace Hardware, DIY, etc.). Departments utilizing this option should do the following:
o Ensure budget is available and purchase is necessary. o Ensure staff member making the purchase is a designated employee on the account. o Provide your name, department, and a clear, legible signature at point of purchase. o Receive a copy of the receipt/invoice upon point of purchase. o Submit copy of receipt/invoice, approved for payment, with signature, department and account number to accounts payable within 5 business days of purchase. o ALL purchases require an invoice/receipt. For missing/lost receipts, departments should contact the vendor to acquire a copy of the receipt or written documentation of proof of purchase signed by the Department Head.
o Habitual problems with lost receipts can result in disciplinary action for the offending purchaser.
2.53 PETTY CASH PURCHASES
1241
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 19 Petty cash funds are issued to departments, in the charge of a custodian, to be used on a revolving basis for the payment of small emergency and commonly budgeted, pre-approved expenses. Only those expenditures considered as having a public purpose, being for the benefit of the City of South Lake Tahoe will be allowed. Employees should use good judgment when expending public funds and should avoid any transactions that may appear inappropriate. Refer to Financial Policies – Cash for additional information regarding guidelines for establishment and use of petty cash.
Per Financial Polices- Cash, approved by City Council:
• Petty cash disbursements are not to exceed $50 unless approved by the Director of Finance • Petty cash funds are for small purchases only and cannot be used for services, employee meals, or travel reimbursements.
2.4 FEDERAL PROCUREMENT/OTHER REVENUE FUNDS
Purchases utilizing Federal Funds, Grant Funds or other Revenue Sources as the funding source require procurement compliance with this policy, Grant Funding Compliance Policy, as well as the procurement standards set forth in the contract funding the purchase.
Federal Awards, Cooperative Agreements, or State Awards utilizing Federal Funds must also follow the General Procurement Standards in the Code of Federal Regulations (CFR); Title 2:
Grants and Agreements section §200.317 through §200.327. These guidelines can be found at https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl; or contact Grants Manager for additional information (ext. 7410).
Suspension and Debarment: ALL Federal Awards used to procure vendors, consultants, contractors, subrecipients, providing goods or services to the city in excess of $25,000.00 must maintain evidence of vendor “Suspension and Debarment” verification through the “Systems for Awards Management (SAM). Print or save electronic copy of verification through SAM.gov or contact Grant Manager to assist in obtaining verification. This requirement must also be included in your Contract, Professional Services Agreement, or PO. (Refer to templates in this policy for “Suspension and Debarment language) per Section 2 CFR §200.332.
Grant Awards and Cooperative Agreements utilizing funds through Caltrans must follow the Local Assistance Procedures Manual (LAPM, particularly Chapters 5 and 16. These guidelines can be found at https://dot.ca.gov/programs/local-assistance/guidelines-and-procedures/localassistance-procedures-manual-lapm or contact Grants Manager for additional information.
Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms: to the extent possible, the city will assure that small, minority, and women’s business enterprises are solicited when there are potential sources. Effective 10/1/24, “VeteranOwned Businesses” will be encouraged. When utilizing federal funds refer to CFR §200.321 In determining purchasing bid thresholds while maintaining compliance with multiple policies; utilize the most stringent requirements to ensure meeting all standards and regulations.
2.5 DISCRETIONARY PROCESS
1242
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 20 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. Available budget must be determined prior to bidding process.
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.
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.
2.1.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.
1243
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 21 • 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. Effective 10/1/2024, rate is increased to $10,000, per Section 2 CFR §200.313.
2.1.Notify A/P through e-mail or notation on invoice when purchasing equipment with Federal Funds costing $10,000 or more. A/P will provide an inventory tag to track the item as noted below. ($5K through 9/30/24).
3.1.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.
4.1.A physical inventory of the property must be taken, and the results reconciled with the property records at least once every two years.
3.23 INFORMAL BID AND PROPOSAL PROCESS
The following processes are to be followed by the Department Head or his/her Designee.
1. Obtain at least three written quotes or proposals from vendors, individuals, companies, consultants, and/or business entities, documenting in writing each quote received (optional to use Request for Quotes Form (Exhibit C) or provide copies of written proposals/quotes received.
2. Informal solicitations should include detailed information of the goods or services required with clear specifications to allow objective competition. Specifications should include all requirements (quantity, dimensions, timeline, compatibility, delivery, discounts, warranties, tax, shipping, etc.).
3. Provide suppliers a date and time in which to respond to your request for quote. Allow minimum 4 business days for response to email or phone requests, and minimum 10 days for Planet Bids response.
4. Solicitations can be in via email, telephone, or Planet Bids. When soliciting by phone, provide adequate and similar information to all suppliers, follow up with written documentation, ensuring that all responses are in written form. Verbal quotes are not sufficient.
1244
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 22
5. 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). Allow a minimum response time of 10 days. Quotes and Proposals shall be evaluated by Department Head or designee based on requirements of the solicitation.
6. For price quotes 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).
7. For proposals or Professional Services, the department selects the vendor whose qualifications meet the highest evaluation ranking as the most responsible bidder.
8. Provide in writing, the rationale for choosing the selected vendor. (Can use Request for Quotes/Proposal form)
9. Tie Bid- If two or more quotes are for the same total amount or unit price and all requirements being equal, Department Head may choose to award to the proposer meeting the needs of the department (up to $29,999). Tie-Bid Quotes $30,000 and over may be chosen by the City Manager.
10. If at least two responsible vendors respond, the evaluation may proceed according to this policy. Document the effort to procure 3 quotes and the fact that two was received.
11. If the result is only one response, and the sole response meets all specifications and requirements, the purchase may be awarded subject to the threshold and Signing Authority of this policy. Document the effort to procure 3 quotes, and the fact that one was received.
12. No Response: When competition results in no quotes, or no quotes meeting the requirements; the department can re-bid, modifying any possible restrictive requirements, or if in the opinion of the DH, a second solicitation would not result in a different outcome; the DH may reach out to vendors using the same specifications and proceed with Sole Source documentation in accordance with this policy.
13. $10,000 - $29,999: Professional Service Agreement (PSA), Purchase Order (PO), or direct invoice may be used, signed by Dept. Head. Copies of PSA must be forwarded to City Clerk for Records Retention.
14. $30,000 - $59,999: Purchase Agreement (PA), PSA, or PO must be used; reviewed by Finance and City Attorney, signed by City Manager
• 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;
• Electronically submits document along with Contract Routing Form (Exhibit D) to the City Clerk’s Department with the email address of the authorized Vendor/Supplier signatory. The City Clerk’s Department will then route the contract in Adobe sign in the following manner:
• Department Head for approval, Finance Director for budget review, City Attorney’s Office for review and/or approval, City Manager for approval and back to City Clerk to attest (where applicable) for records retention, and onto the Vendor/Supplier for their signature (do not obtain any signatures in advance of the 1245
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 23 Contract being routed). City Clerk sends executed copy back to the Department and mails/emails copy to the vendor.
15. Department sends the following documents to Accounts Payable for payment:
• Signed invoice and/or PO, Request for Payment with Contract/Agreement • Business License #
• Three Original Quotes
• Approved Sole source Request Form (if used)
• Proof of Insurance (when required)
• Gov’t. cooperative contract information (if used)
3.34 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
3.45 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)
4.5.Executed Purchase Agreements should be forwarded to the City Clerks office for record retention
3.56 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:
1246
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 24
1. A professional consultant is necessary to perform a specific set of tasks
2. Should generally be in effect for a specific period, noted in the agreement
3. Should include a “not to exceed” dollar limit
4. Submit a copy of PSA with first approved invoice to Accounts Payable for payment
5. Refer to Exhibit G for template (this template is mandatory when issuing a PSA)
6. Executed copy should be forwarded to the City Clerk office for records retention
3.6 AMENDMENTS, RENEWALS, CHANGE ORDERS
For purposes of determining the appropriate award authority, contract amounts are defined by what consitites a “single” transaction”. This requirement also applies to informal and formal bidding procedures. Original contract amount is considered a “single” transaction and bidding procedures as well as signing authority should be followed accordingly.
Amendments: a dollar value or scope change to an existing contract/Professional Service Agreement (PSA). Amendments with a dollar value increase to an existing PSA, must be added to the original contract and totaled to determine transaction value. This new amount is now the “single transaction amount”.
5. Example: The City Manager awards a contract for $55,000 and a $25,000 amendment is required. The resulting transaction is $75,000, now requiring City Council approval.
Amendments to scope of work must be minor changes; not altering the intent or bid requirements of the original scope. Small changes can be approved within original transaction signing authority.
Extensive scope of work amendments should be reviewed by the City Attorney.
Change Orders: The Director of Public Works is delegated authority to approve, without seeking new bids, contract change orders to public projects up to the combined amounts authorized in this policy so long as the combined amounts are within the approved project budget. (City Code §3.45.170). City Council approval is required when additional budget is required for the change order, or when the total transaction cost exceeds Director of Public Works signing authority referenced in the Public Project section of this policy.
Renewals: A contract renewal is the process of extending the term of an existing contract either by re-establishing the original contract or creating a new one with potentially updated terms.
Renewals with new terms or different in scope, must be treated as a new contract, subject to the signing authority of this policy and review by City Attorney. Should City Attorney determine the change in scope or terms to be significantly different, a new bidding process may have to be utilized according to transaction thresholds within this policy.
Example: City Manager approves a PSA for Department A in the amount of $50,000 for a one year term with an option to renew. Department A wishes to renew to the contract, however the price for year two will be $70,000 and the scope of contract will now include additional services provided to Department B as well as Dept. A. In this example, the renewal proposed should be reviewed by the City Attorney to determine if the scope of work aligns with the original intent of the bid process. If approved by City Attorney, the renewal will then have to be approved by City Council since the new amount of $70,000 exceeds the City Manager signing authority. 1247
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 25 Renewals with the same terms and conditions, as well as the same scope of work, simply extending the term, can be renewed by the original signing authority, if the original contract has an “Option to Renew” clause. “Option to Renew” clauses can generally be included in Agreements with original terms of less than 3 years.
Example for Professional Service Agreement (PSA): Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue through Month, day, 20XX, with an option to renew annually for two years.
3.77 CONSULTANT INVOICES
Professional and consultant services are generally acquired to obtain information, advice, opinions, alternatives, conclusions, recommendations, training or direct assistance, such as studies, analyses, evaluations, liaison with Government officials, or other forms of representation. As such, their invoices should reflect the services performed. Consultant invoices should include:
o Date of work performed/ period of performance
o Nature and scope of the service rendered during period of performance o Sufficient detail as to time expended on tasks performed (number of hours worked, hourly rate, travel costs, mileage rate as approved, etc.) o Subconsultant backup documentation should be included; invoices, hours worked/hourly rate, travel documentation, receipts, etc. o Fees for services rendered are allowable only when supported by evidence of the nature and amount of other expenses and in accordance with the executed PSA. o In-direct costs are only allowable up 150% de minimis, or a federally approved rate.
Consultant must provide documentation of approved rate if more than 150%.
Please note, effective 10/1/2024 the de minimis rate is increased to 15%, which will be the allowable rate after 10/1/24 per Section 2 CFR§200.414 o PROHIBITED: mark-ups, bonus’s, commissions, incentives, gifts and entertainments costs, are all prohibited from being paid on consultant invoices.
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. Ensure budget is available in proper account prior to soliciting bids. If budget is not available, approval for appropriation by City Council may be required (see Budget Appropriation section 1.10).
1248
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 26
4.1 SIGNING AUTHORITY
All purchases of goods and services over $60,000 must have City Council approval and must be signed by the Mayor or have Mayor’s authorization for City Manager as designee for signature.
4.2 FORMAL BIDDING PROCESS
The following processes are to be followed by the Department Head (DH) or his/her Designee.
This may include any employee who is the designated purchaser of a good or service or is the project manager for a project.
1. Public Projects (i.e., CIP, Public Works) follow Public Contracts and Uniform Public Construction Cost Account Act (CUPCCA) per City Code SLTCC § 3.45, Article II.
2. Verify funding availability. Identify available funding in your current department budget.
If there is no funding identified, prepare to request budget transfer or appropriate new funding source through City Council action. (see section 1.9)
3. Depending on the type of service and/or good sought, DH prepares and circulates a Request for Proposals (RFP), or Invitation to Bid (BID) utilizing Planetbid.com or circulated via similar means.
4. Request for Proposals (RFP): used for soliciting professional services, consultants, lease contracts, complex non-public projects.
• RFPs are subject to three proposals but are not subject to competitive sealed bidding procedures
• Must use mandatory RFP template (Exhibit F)
• DH selects Proposal Evaluation Committee and drafts Evaluation Scorecard.
Committee reviews Proposals and scores per criteria detailed in RFP.
5. Request for Qualification (RFQ): used as the pre-qualification stage of the procurement process. Only those proponents who successfully respond to the RFQ and meet the qualification criteria will be included in the subsequent RFP solicitation process. • Used when there is potential for significant interest in a contract opportunity. This can make the process more efficient as the field can be narrowed down prior to the RFP process.
• Can be used to create a pre-qualified list for a future opportunity • Can be used as the sole selection process for straightforward projects/services that require a specialized skill set or where the task is very specific and contract negotiations can proceed with the most qualified vendor.
6. Invitations to Bid (BID): used when the City is seeking a specific good, material, equipment, tangible object.
• BIDs are subject to competitive sealed bidding procedures • Must use mandatory BID template (Exhibit H)
1249
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 27 • 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
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
1250
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 28 • 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.
• The bidder’s or proposer’s products or services have been demonstrated, through documented past performance in the industry or through prior use by the City, to be incapable of satisfactorily meeting the accepted demands required of the product or service.
2. Tie Bid- If two or more bids are for the same total amount or unit price and if the responsibility and final score (from the Evaluation Scorecards) are equal, the Department Head or City Council may award to whichever bidder or proposer it so chooses.
1251
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 29 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.
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:
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. 1252
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 30 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:
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.
1253
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 31
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 or;
3. Copies of 3 bids, proposals, or quotes
4. Budgeted/approved account number
5. Copy of Executed Contract/ Agreement
6. Copy of approved Council Resolution (if applicable)
7. Sole Source Justification Form (if applicable)
8. Cooperative Gov’t Contract (if applicable)
4.9 FEDERAL PROCUREMENT/OTHER REVENUE FUNDS
Purchases utilizing Federal Funds, Grant Funds or other Revenue Sources as the funding source require procurement compliance with this policy, Grant Funding Compliance Policy, as well as the procurement standards set forth in the contract funding the purchase.
Federal Awards, Cooperative Agreements, or State Awards utilizing Federal Funds must also follow the General Procurement Standards in the Code of Federal Regulations (CFR); Title 2:
1254
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 32 Grants and Agreements section §200.317 through §200.327. These guidelines can be found at https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl; or contact Grants Manager for additional information (ext. 7410).
Suspension and Debarment: ALL Federal Awards used to procure vendors, consultants, contractors, subrecipients, providing goods or services to the city in excess of $25,000.00 must maintain evidence of vendor “Suspension and Debarment” verification through the “Systems for Awards Management (SAM). Print or save electronic copy of verification through SAM.gov or contact Grant Manager to assist in obtaining verification. This requirement must also be included in your Contract, Professional Services Agreement, or PO. (Refer to templates in this policy for “Suspension and Debarment language) per Section 2 CFR §200.332.
Grant Awards and Cooperative Agreements utilizing funds through Caltrans must follow the Local Assistance Procedures Manual (LAPM, particularly Chapters 5 and 16. These guidelines can be found at https://dot.ca.gov/programs/local-assistance/guidelines-and-procedures/localassistance-procedures-manual-lapm or contact Grants Manager for additional information.
Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms: to the extent possible, the city will assure that small, minority, and women’s business enterprises are solicited when there are potential sources. Effective 10/1/24, “VeteranOwned Businesses” will be encouraged. When utilizing federal funds refer to CFR §200.321 In determining purchasing bid thresholds while maintaining compliance with multiple policies; utilize the most stringent requirements to ensure meeting all standards and regulations. 1255
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 33
EXHIBIT A
PAYMENT REQUEST
FORM
PAYMENT REQUEST
1256
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 34 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: _____________________________
1257
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 35
EXHIBIT B
SOLE SOURCE
JUSTIFICATION
REQUEST FORM
1258
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 36
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 1259
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 37 .
EXHIBIT C
REQUEST FOR QUOTES
AND PROPOSALS
FORM
1260
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 38 1261
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 39
EXHIBIT D
Contract/Agreement
Routing Form
Template
1262
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 40 1263
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 41
EXHIBIT E
PROPOSAL
EVALUATION FORMS/
SCORESHEET
TEMPLATE
1264
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 42
EVALUATION FORMS
CITY OF SOUTH LAKE TAHOE REQUEST FOR PROPOSALS
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
1265
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 43 • A statement to the effect that the proposal shall remain valid for a period of not less than 120 calendar days from date of submittal
• Signed by person authorized to bind the Firm to the terms of the proposal.
Total Points_____________
Comments_________________________________________________________________________ __________________________________________________________________________________ _________________________________________________________________________________ III. EXECUTIVE SUMMARY (0 – 10 points)
Scoring shall be based upon the vendor’s ability to describe the overall approach and plans to meet the requirements of the RFP. The intent of this narrative is to convince the City that the Proposer understands the requirements of proposal, the nature of the work, and the level of effort necessary to successfully provide the defined services.
Total Points___________________
Comments_________________________________________________________________________ __________________________________________________________________________________ IV. COMPANY HISTORY, BACKGROUND AND EXPERIENCE (0-20 points) Describe the Company’s history and organizational structure, including the size of the company, location of office(s) and years in business. Provide resumes for project team members. Also include the Firm’s background, experience, and capacity to undertake the services requested 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 1266
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 44 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 implementation plan considerations, including timeframes and deliverables for various stages of the agreement.
Total Points___________________
Comments_________________________________________________________________________ ______________________________________________________________________________ VI. PROJECT BUDGET (0 – 25 points)
Provide a description of the project cost and/or fees itemized according to the RFP proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs, including all out-of-pocket expenses. The City of South Lake Tahoe will not be responsible for the expenses incurred in preparing and submitting the proposal.
The Company shall present all costs, fees, taxes, and charges based on achievement of deliverables, which should be outlined in the Company’s Cost Proposal.
Total Points ___________________
Comments_________________________________________________________________________ __________________________________________________________________________________ VII. RECENT PROJECTS/REFERENCES (0 – 5 points)
Provide a description of accounts/ agreements of a similar nature including at least three (3) recent client references with names and telephone numbers, contact persons.
Total Points ___________________
Comments_________________________________________________________________________ __________________________________________________________________________________ TOTAL COMBINED POINTS: __________________
(Add total points from Sections I, II, III, IV, and V)
RANKING (from scoresheet): _______________
1267
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 45
EVALUATION SCORE SHEET
.
1268
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 46
EXHIBIT F
STANDARD RFP/RFQ
TEMPLATE
1269
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 47
REQUEST FOR
PROPOSALS/QUALIFICATIONS
TITLE
PICTURE
RFP/RFQ # date of award yyyy-mm-dd
1270
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 48
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 Planet Bids on-line portal. Fax and Electronic-mailed (e-mail) submission will/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 “qualified or best value”.
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
1271
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 49
SUBMITTAL PROCEDURES
1. Register with the City
All Proposers must complete a “Vendor Information Sheet” to be entered registered in Planet Bids Procurement Portalthe 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
Proposals must be submitted through the Planetbid portal. Proposals shall/shall not be e-mailed or faxed to the City (determined by Dept.) Proposals not received by the date and time specified in this RFP, will be rejected. Documents submitted in response to this RFP will become the property of the City of South Lake Tahoe and will be regarded as public record under California Public Records Act under Government Code 6250 et seq., and subject to review or release to the public, excluding financial records marked “confidential” which shall be available for the Proposer to pick up following a review and selection of the firm(s).
3. Format
Font, Type and Style: All proposals shall be single sided and professionally prepared (no handwritten proposals will be accepted). There are no requirements on font size, type, or style requirements.
Not Bound: Proposals shall not be bound with anything other than a clip or staple to allow the City to make additional copies as needed. No comb binding or permanent binding is permitted.
4. Submittal Deadline
Response to this RFP is due on or before MM/DD/YYY no later than 12:00 p.m. (Pacific Standard Time) at City offices (address below). Reponses received after the deadline will not be accepted; there are no exceptions. Fax and Electronic-mailed (e-mail) submission will not be accepted. Submit Proposals to:
City of South Lake Tahoe
Attn:
RFP Title
City Address
South Lake Tahoe, CA 96150
1272
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 50
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. 1273
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 51 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. 1274
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 52
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.… 1275
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 53
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 1276
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 54 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
1277
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 55 ATTACHMENT 1
SAMPLE
PROFESSIONAL SERVICE AGREEMENT
1278
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 56
EXHIBIT G
STANDARD
PROFESSIONAL
SERVICES AGREEMENT
TEMPLATE
1279
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 57
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. 1280
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 58
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 1281
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 59 and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents, and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be 1282
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 60 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 not serve in a staff capacity and will conduct research and arrive at conclusions with respect to their 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,
1283
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 61 b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation, or counsel. [FPPC Reg. 18700.3(a).
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 their 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. If Consultant will be physically present in the City of South Lake Tahoe to perform some or all of the services, Consultant shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.
1284
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 62
14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.
Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.
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 their employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
1285
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 63 Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees, and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal 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 1286
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 64 than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional
insureds under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
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 1287
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 65 limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies.
The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount, and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.
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 1288
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 66 subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.
20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.
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 ancestry, age, color, disability, genetic information, gender expression, gender identity, marital status, medical condition, military or veteran status, national origin, race, 1289
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 67 religion, reproductive health decision making, sex/gender, or sexual orientation. 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.
23. Drug-Free Workplace Certification. This certification is only required for Consultants receiving payment from Grant Funding. 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 8355, 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(a)(3), 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.
1290
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 68
24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.
25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et.seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.
27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
29. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
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 1291
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 69 the legal power, right, and authority to make this Agreement and to bind each respective party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE: CONSULTANT:
By___________________________ By ________________________________ City Manager Name, Title
Date_________________________ Date______________________________
Business License # __________________
APPROVED AS TO FORM:
By____________________________ Date_____________________________ City Attorney
ATTEST:
By____________________________ Date___________________________ City Clerk
Attachments:
Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
1292
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 70
EXHIBIT A
SCOPE OF SERVICES
1293
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 71
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
1294
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 72
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_______________________ 1295
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 73
EXHIBIT H
STANDARD
INVITATION TO BID
TEMPLATE
1296
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 74
INVITATION TO BID
TITLE
Picture
BID# date of award yyyy-mm-dd Title
*note: Formal Bids must be posted for minimum of 30 days 1297
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 75
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).
Electronic Bids are due on or before MM/DD/YYYY no later than 12:00 p.m. (Pacific Standard Time) Electronic Bids must be uploaded by said time and date. Bids received after the deadline will not be accepted. Bids must be submitted by Planet Bids. Fax and Electronic mailed (e-mail) submission will not be accepted.
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 xx-xx-xxxx
City Council Award xx-xx-xxxx
1298
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 76
SUBMITTAL PROCEDURES
1. Register with the City
All Bidders must register through the Vendor Portal in the Planet Bids website 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 Planet Bids. Bidders are solely responsible for maintaining up to date and accurate information in the Vendor Database.
2. Public Record
Bids not received by the date and time specified in this BID, will be rejected. Documents submitted in response to this BID will become the property of the City of South Lake Tahoe and will be regarded as public record under California Public Records Act under Government Code 6250 et seq., and subject to review or release to the public, excluding financial records marked “confidential” which shall be available for the bidder to pick up following a review and selection of the bid.
3. Format
Font, Type and Style: All proposals shall be single sided and professionally prepared (no handwritten proposals will be accepted). There are no requirements on font size, type, or style requirements.
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) through Planet Bids on-line portal. Reponses received after the deadline will not be accepted; there are no exceptions. Fax and Electronic-mailed (e-mail) submission will not be accepted.
5. 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.
1299
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 77
7. Reservations
a) The City reserves the right to reject any and all bids, whether or not minimum qualifications are met, and to modify, postpone, or cancel this Invitation to Bid, in whole or in part, or decide to award a contract on the basis of individual items, or groups of items, or on the entire list of items; to reject any or all bids or any part thereof; and to waive any informalities and/or negotiate minor deviations to the bid, with the successful bidder. The City's decision shall be final, without liability, obligation, or commitment to any party, firm, or organization.
b) In addition, the City reserves the right to request and obtain additional information from any Bidder and to negotiate the final scope of services with the selected vendor. The City is not liable for any costs incurred by Bidders prior to issuance of an agreement, contract, or purchase order. Costs of developing the bid, oral presentations or any other such expenses incurred by the vendor in responding to the BID are entirely the responsibility of the vendor and shall not be reimbursed in any manner by the City of South Lake Tahoe. c) Only the City Council of South Lake Tahoe, or the City Manager after being duly authorized by the City Council, may execute the Agreement with the successful bidder.
Further, it is understood that respondents must independently evaluate the information in this BID and that the City makes no guarantee of data accuracy. d) The City reserves the right to waive or permit cure of minor informalities and/or insignificant mistakes such as matters of form rather than substance and to conduct discussions and negotiations with any qualified respondent in any manner deemed necessary by the City to serve its best interests. The City also reserves the right, based on 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. 1300
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 78
8. Bid Protests
a) A non-selected bidder may protest award of contract by submitting a written bid protest which shall be received by the city clerk no later than seven calendar days after the city’s selection of the winning bidder or no later than 10 calendar days from the date that the city issues notice of designation of a bidder as non-responsible. b) The bid protest shall state all grounds claimed for the protest and include supporting documentation. Failure to clearly state the grounds for the protest and provide supporting documentation shall be deemed a waiver of all protest rights. c) Where award of the contract is to be made by the city council, the city clerk shall place a discussion of the bid protest on the next regularly scheduled council meeting agenda and the city council shall determine whether, based on the protest, to award the contract to the selected bidder, to reject all bids, or to award the contract to the next lowest responsible bidder.
9. Local Business Preference
a) The city shall apply a five percent discount to all local businesses which submit bids for materials, supplies, equipment, and services for nonpublic projects. The city shall evaluate the local businesses’ bids as though the bid had been submitted at a cost of five percent lower than the cost submitted.
b) Local Business shall mean a business which maintains its principle place of business in a fixed office within the city of South Lake Tahoe and possesses a current South Lake Tahoe business license. To establish a principle place of business in South Lake Tahoe, a business must demonstrate the majority of its principals are based in the South Lake Tahoe office, and that it pays South Lake Tahoe payroll taxes on at least 51 percent of its total payroll.
9. Bidder’s Security
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. 1301
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 79
INTRODUCTION
8. Background
Background information that would be relevant to what product is being requested
9. Objective
What is the City’s primary objective? What are we trying to accomplish through this BID?
SCOPE OF WORK
11. Scope of Work to be Performed:
- List all technical and general specifications of item(s), product, service, etc…. - Be specific with all details and descriptions.
- Request bid to include all fees, tax (8%), delivery charges - Request implementation schedule, timeline, delivery date 1302
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 80
BID CONTENT REQUIREMENTS
12. Bid Requirements - All bids must include the following information and shall be organized as described below.
A. Cover Letter
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.
B. Product Specification
In a brief narrative, describe the specifications 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.
C. Company History, Background and Experience
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.
D. Scope of Work/Implementation
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 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 estimated timeframes and deliverables.
1303
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 81 E. 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.
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.
ATTACHMENT 1
SAMPLE
STANDARD PURCHASE AGREEMENT
1304
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 82
EXHIBIT I
STANDARD
PURCHASE
AGREEMENT
TEMPLATE
1305
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 83
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 has been selected as the lowest qualified bidder to provide the goods/materials/products set forth in this Agreement.
B. Vendor and City desire to enter into this Agreement for the purchase of said goods/ materials/ products. .
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.
1306
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 84 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 1307
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 85 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 1308
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 86 notice shall be addressed to the other party at the address set forth below.
Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Vendor:
Provide a copy to:
14.Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Vendor. Assignments of any or all rights, duties or obligations of the Vendor under this Agreement will be permitted only with the express consent of City. Vendor shall not subcontract any portion of the Agreement without the written authorization of City. If City consents to such subcontract, Vendor shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
15.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
16.Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado 1309
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 87 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.
1310
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 88 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE: VENDOR:
By___________________________ By ________________________________ City Manager Name, Title
Date________________________ Date______________________________
Business License # __________________
APPROVED AS TO FORM:
By____________________________ Date__________________
City Attorney
ATTEST:
By____________________________ Date___________________
City Clerk
Attachments:
Exhibit A – Description of Goods/Materials/Products
Exhibit B – Compensation
Exhibit C - Anti-Lobbying Certification
1311
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 89
EXHIBIT A
Description of Goods/Materials/Products
1312
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 90
EXHIBIT B
COMPENSATION
• Provide total itemized costs
• Include all taxes, shipping, handling, fees, and discounts 1313
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 91
EXHIBIT C
ANTI-LOBBYING CERTIFICATION
Vendor shall submit to City this certification prior to or at the time of the execution of this Agreement.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.
The undersigned certifies, to the best of his or her knowledge or belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction.
Vendor:
Name, Title
By: ________________________________________ Date________________________ 1314
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 92
EXHIBIT J
RFP REJECTION
LETTER –
TEMPLATE/EXAMPLE
1315
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 93
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,
1316
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 94
EXHIBIT K
RFP ACCEPTANCE
LETTER
TEMPLATE/EXAMPLE
1317
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 95 *Use Department City Letterhead
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 1318
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 96
EXHIBIT L
INSTRUCTIONS TO
CREATE A STANDARD
PURCHASE ORDER
(PO)
1319
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 97 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 1320
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 98 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 1321
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 99 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 1322
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 100 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. 1323
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 101 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. 1324
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 102
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.” 1325
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 103
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
1326
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 104
2. Click on “Settings”
3. Click on “Preferences” tab and select “Enable for “Show Attachments”. Then click on “Apply Settings”
1327
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 105
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.
1328
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 1
FINANCIAL MANAGEMENT
PROCUREMENT POLICY
These guidelines establish the basic policies and procedures for the procurement of goods and services in accordance with City Ordinance Adopted and Approved by the City Council August 12, 2025. 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. Executed written contracts and PSA’s over $10K need to be sent to City Clerk.
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. Executed copies need to be sent to City Clerk.
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. Executed copies sent to City Clerk.
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.
1329
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 2 Table of Contents
1. General Standards ......................................................................................... 5
1.1 Code of Conduct Overview ...........................................................................................5 Code of Ethics ................................................................................................................5 Conflict of Interest .........................................................................................................6 Accepting Gifts and Gratuities .......................................................................................6 Avoid Making a Gift of Public Funds............................................................................6 Fraud, Waste, and Abuse .............................................................................................. 6 Reporting Hotline...........................................................................................................7 California Whistleblower Act ........................................................................................7 Disciplinary Actions for Policy Violations ....................................................................7
1.2 Public Projects/ CUPCCAA ..........................................................................................8 Prequalification ..............................................................................................................8 Director of Public Works Authority for Public Projects ................................................8 Informal Bidding for Public Projects .............................................................................8 Formal Competitive Bidding for Public Projects ...........................................................8 Lowest Responsible Bidder for Public Projects.............................................................8 Design Build Contracts for Public Projects ...................................................................9 Prevailing Wage Requirements for Public Projects .......................................................9
1.3 On-Site Services.............................................................................................................9
1.4 Splitting Purchases ...................................................................................................... 10
1.5 Sole Source Purchasing .............................................................................................. 10
1.6 Environmentally Preferrable Products ....................................................................... 10
1.7 SB1383 Recovered Organic Waste Products … ......................................................... 11
1.8 Cooperative Purchasing .............................................................................................. 11
1.9 Business License Requirement …… .......................................................................... 11
1.10 Budget Appropriation .............................................................................................. 12
1.11 Disposition of Surplus............................................................................................... 12
1.12 Information Technology Purchases … ..................................................................... 13
1.13 Vehicles, Parts, Equipment, Installation, Small Engine Equipment ........................ 14
1.14 Equipment and Capital Expenditures …....................................................................14 Capital Expenditures utilizing Federal Funds… ........................................................14
1.15 Authorized vs. Unauthorized Purchases … .............................................................. 15 Ratification Process… .............................................................................................. 15 Restitution for Unauthorized Purchases ................................................................... 16 1330
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 3
1.16 Approving Authority … ..............................................................................................16 Delegation of Signature Authority ............................................................................16 Approval Authority Thresholds ................................................................................16
2. Discretionary Purchases (less than $10,000) .................................................... 17
2.1 Signature Authority ......................................................................................................17
2.2 Discretionary Process .......................................................................................................... 17
2.3 Vendor Invoice Requirements and Payments ............................................................ 17-18
2.4 Local Vendor Master Accounts ..................................................................................18
2.5 Petty Cash ............................................................................................................................. 18
3. Informal Solicitations ($10,000 - $59,999) ........................................................ 19
3.1 Signature Authority ......................................................................................................19
3.2 Informal Bid and Proposal Process ........................................................................ 19-21
3.3 Purchase Orders ...........................................................................................................21
3.4 Purchase Agreement ....................................................................................................21
3.5 Professional Service Agreement .................................................................................21
3.6 Amendments, Renewals, Change Orders ....................................................................22
3.7 Consultant Invoices .....................................................................................................23
4. Formal Solicitations ($60,000 and above) ........................................................ 23
4.1 Signature Authority ......................................................................................................24
4.2 Formal Bidding Process ...............................................................................................24 Public Projects .......................................................................................................24 Requests for Proposals (services or consultants) ...................................................24 Requests for Qualifications (pre-qualification for consultants) .............................24 Invitation to Bid (goods, materials equipment) .....................................................24
4.3 Local Business Preference ...........................................................................................25
4.4 Bidders Security ...........................................................................................................25
4.5 Bid and RFP/RFQ Evaluations ....................................................................................25 Evaluation Committee/ Forms ...............................................................................25 Rejections / Tie Bids ..............................................................................................26 Less than three Bids/ No Bids Received ................................................................26 Waiver of Irregularities and Rejection of Bids ......................................................27
4.6 City Council Staff Recommendations .........................................................................27 Staff Report / Resolution .......................................................................................27
4.7 Bid Protests ..................................................................................................................28 1331
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 4
4.8 Maintaining Documentation ........................................................................................28
4.9 Federal Procurement/Grants and Other Revenue Funds ..............................................29
5. Forms and Templates ......................................................................... 31-105 Exhibit A- Payment Request Form ........................................................................31 Exhibit B – Sole Source Justification ....................................................................33 Exhibit C – Request for Quotes .............................................................................35 Exhibit D – Ratification Request Form .................................................................37 Exhibit E – Contract/Agreement Routing Form ....................................................39 Exhibit F – Proposal Evaluation Forms and Scoresheet .................................. 41-45 Exhibit G – Standard RFP/RFQ Required Template ....................................... 46-55 Exhibit H – Standard PSA (Professional Services Agreement)....................... 56-72 Exhibit I – Standard Invitation to Bid .............................................................. 72-79 Exhibit J – Standard Purchasing Agreement (contract for goods) ................... 73-81 Exhibit K – Bid Rejection Letter ...........................................................................92 Exhibit L – Bid Acceptance Letter ........................................................................94 Exhibit M – Instructions to Create a PO ........................................................ 96-105 1332
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 5
1. GENERAL STANDARDS
The City's Purchasing Ordinance (SLTCC § 3.45) and Procurement Policy are in place as guidelines 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, as well as 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 CONDUCT OVERVIEW
All employees are responsible for impartially assuring fair competitive access to city procurement opportunities by responsible suppliers, vendors, and contractors. In addition, all employees and city officials shall conduct themselves in a manner that avoids any impropriety, or appearance of impropriety, and fosters the highest level of public confidence in the integrity of the City of South Lake Tahoe procurement process.
Code of Ethics
Public employees and officials shall act in good faith to perform their duties ensuring fair and equitable treatment of all people 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.
1333
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 6
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.
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.
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
Accepting Gifts and Gratuities
No city employee or official shall solicit, demand, accept or agree to accept a gift of goods or services, payment, loan, advance, deposit of money, or employment offer presented, promised in return for, or in anticipation of favorable consideration in a city procurement. Nor should any city employee or official accept any meals, lodging, transportation, favor, hospitality, or any other thing of value from anyone who is doing or seeking to do business with the City of South Lake Tahoe.
Avoid Making a Gift of Public Funds
The Constitution of the State of California prohibits any gift of public funds. All expenditures of public funds must support the Departments’ function, purpose, and provide benefit to the City.
This prohibition extends to any advance payments or pre-payments made to a contractor before work has been performed or before all goods or services have been accepted per CA Government Code, Section 19990. This does not apply to Mobilization costs for Public Construction Contracts.
Fraud, Waste, and Abuse
The City of South Lake Tahoe is dedicated to safeguarding its revenue, property, information, and other assets from any deceitful attempts by members of the public, recipients of city funds, contractors, vendors, agents, employees, and city officials to gain unauthorized benefits. All 1334
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 7 employees and city officials are responsible for the detection, reporting and prevention of fraud, misappropriations and other misuse. Accordingly, it is the policy of the City to identify and promptly investigate any possibility of fraudulent or related dishonest activities against the City and, when appropriate, pursue legal remedies available under the law. Additional information, examples, procedures, and disciplinary actions can be found in the City’s Financial Policies, Fraud, Waste, and Abuse Policy approved by City Council in August 2025.
Reporting Hotline
Employees can report complaints, suspicions, or violations of any code of conduct policy, directly to their Supervisor, Department Head, Human Resources, or they can report via the city Hotline.
The Hotline is available 24 hours per day and can be anonymous, or the employees can identify themselves. The Hotline number is (800) 576-5262; South Lake Tahoe organization code is 10060.
California Whistleblower Protection Act
It is the public policy of the State of California to encourage employees to notify an appropriate government or law enforcement agency, person with authority over the employee, or another employee with authority to investigate, discover, or correct the violation or noncompliance, and to provide information to and testify before a public body conducting an investigation, hearing or inquiry, when they have reason to believe their employer is violating a state or federal statute, or violating or not complying with a local, state or federal rule or regulation. Employees will be granted Whistle-Blower protection when acting in accordance with this policy. When an employee provides information about a suspected impropriety, neither the City nor any person acting on behalf of the City shall dismiss or threaten to dismiss the employee, discipline, suspend or threaten to discipline or suspend the employee, impose any penalty upon the employee or intimidate or coerce the employee.
Disciplinary Actions for Policy Violations
City employees shall abide by and be accountable for the codes of conduct established in this policy. These policies are in accordance with Government General Procurement Standards in the Code of Federal Regulations CFR §200.318(c), as well as State of California Government Code, Section 19990. Policy violations may result in disciplinary actions in accordance with the city’s established procedures, consistent with state law and may include, but are not limited to:
1. Disciplinary action, up to and including termination of employment
2. Restitution for all losses, including investigation and legal expenses
3. Forwarding information to the appropriate authorities for criminal prosecution
4. Institution of civil action recover losses
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.
1335
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 8
1.2 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 $75,000 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. Vendors chosen in this manner must be on the prequalification list.
Informal bidding for Public Projects: Monetary Limit. Public contracts of $220,000 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 $220,000 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:
1336
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 9
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.
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.
Prevailing Wage Requirements: The payment of prevailing wages is required for maintenance contracts must follow California Department of Industrial Relations (DIR) contractor registration requirements for contractors and their subcontractors. Suitable language regarding this requirement should be in all such contracts. Awarded contracts must be registered with the DIR by designated staff within 30 days of award. Awarding a contract to a contractor who is not registered with the DIR can result in penalties to the City.
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.
1.3 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. All written contracts or PSA’s must be routed for signature per requirements of this policy. 1337
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 10
3. All executed contracts and/or PSA’s must be forwarded to the City Clerk for records retention.
4. Cal-Cards are prohibited as a payment for On-Site Services.
1.4 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.
1.5 SOLE SOURCE PURCHASING
Pursuant to SLTCC § 3.45.060; where an acquisition would otherwise be subject to competitive bidding, the procurement of materials, supplies, equipment, or services from a Sole Source may be permitted only when submitting an approved Sole Source Justification Form (Exhibit B) and one of the following conditions exists:
1. Proprietary: The item is available only from a single source; the item is held under exclusive title, trademark, or copyright by a private person or company; a proprietary distributorship would also apply.
2. Emergency Purchase: Non-public projects requiring public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation, per SLTCC § 3.45.070. Whereas the procedures set forth in this policy would result in hazardous delays, loss to the City, or damage to life, health, safety of citizens, the City Manager may approve the non-competitive purchase of materials, supplies, equipment, or services. For Public Projects, refer City Code § 3.45.180, and Public Contract Code Section 22050.
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).
1.6 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 1338
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 11 recycled content, and contain U.S. Environmental Protection Agency Energy Star-certified materials whenever economically feasible.
1.7 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.
The City’s Sustainability Coordinator will be responsible for collecting and maintaining the documents needed to support and demonstrate compliance with the SB 1383 regulatory target for recovered organic waste product procurement and the SB 1383 recycled-content paper regulatory requirements.
Pursuant to SB1383 and SLTCC §3.45.080, Departments should use best efforts in procuring and using “recycled organic products” to help the city meet its procurement target by:
1. Coordinating with the Sustainability Coordinator to identify applicable products.
2. Recognize areas in your department that could utilize these products.
3. Provide invoice copies to Sustainability Coordinator for tracking and reporting.
1.8 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). Cooperative Purchasing is not applicable to Public Projects.
1.9 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).
1339
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 12
2. The license and insurance requisites must be obtained prior to purchase or work commencing.
1.10 BUDGET APPROPRIATION
Federal, State, and Local Governments are legally required to operate within an approved Municipal Budget. Article 1, Section 9, of the U.S. Constitution states, “No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law”.
1. Government Fund Accounting is required by California Law meaning each stream of revenue and associated expenses must be accounted for and tracked within a specific governmental fund.
2. Appropriated budget MUST be available and verified prior to ANY purchase, contract, or professional service agreement rendered.
3. If budget is not identified, or funding has not been approved and appropriated into the current fiscal year budget, STOP. Do not proceed with the purchase or contract until City Council or the City Manager has appropriated budget in accordance with the following delegation of authority:
Transferring/ Adding Budget Authorization
Transfers between budgeted line items
within the same budgetary category,
department and fund:
Department Head- via email to the
Finance Director
Transfers between categories and
departments within the same fund:
City Manager- via email from Dept.
Head. CM will authorize adjustment via
email to Finance 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.
1.11 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 1340
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 13 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.
1.12 INFORMATION TECHNOLOGY (IT) EQUIPMENT
To maintain proper internal controls, and asset inventory; Any IT item requiring installation, support, or security evaluation, should be researched, vetted, PURCHASED, and inventoried by the IT Department. Under no circumstances should these items be purchased by departments other than IT. These items include but are not limited to:
o Printers
o Smart TV’s
o Computers
o Laptops
o Software/ Software Subscriptions
o Tablets/ IPads/ Accessories
o Cell Phones/ Cell Phone Apps
o Monitors
o Any network connected device (wired or wifi)
o Security Camera’s/ Dashcams
o Any other IoT (Internet of Things) devices
• An IoT device is defined as web-enabled smart devices that use embedded systems, such as processors, sensors and communication hardware to collect, send and act on data acquired from their environments.
• Free Subscriptions, including Google Docs, Canva, subscriptions, software, or on-line platform including AI platforms are PROHIBITED as they may contain city data. • Departments should consult IT via email to ensure compliance and compatibility for small purchases such as USB drives, keyboards, mice, charging devices, etc. • Please Note: all employees responsible for procurement or utilizing any City information device are required to complete the Cybersecurity Trainings issued city-wide by the IT department. Employees who do not complete the training may be prohibited from using City Information Systems and Devices.
1341
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 14
1.13 VEHICLES, PARTS, EQUIPMENT, INSTALLATION, SMALL ENGINE EQUIPMENT Purchase of the following requires the approval of the Fleet Division Manager. Please include a copy of E-Mail approval with your PO, Invoice, or Cal Card Statement. Items requiring service maintenance, lease, or warranty information should be purchased with a PO or written contract detailing the warranty and/or other service or lease requirements. o Vehicles
o Vehicle parts, components, accessories
o Vehicle electronics
o Vehicle Equipment, any item requiring installation
o Small Engine Equipment (ex. snowblowers, lawnmowers, etc.) o Items with an engine requiring maintenance and/or warranty
1.14 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 $10,000 or more have the prior written approval of the Federal awarding agency or passthrough entity. 1342
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 15
2. Notify A/P through e-mail or notation on invoice when purchasing equipment with Federal Funds costing $10,000 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.
1.15 AUTHORIZED VS. UNAUTHORIZED PURCHASES
This section defines authorized and unauthorized purchases and how they are approved as well as establishing the employee responsibility for unauthorized purchases that are not procured in accordance with this policy or ratified by the appropriate award authority.
Authorized Purchases: Purchases are authorized only when the applicable procurement method has been followed, budget is available and verified, and the appropriate signing authority has approved the purchase per the requirements of this policy.
Unauthorized Purchases: Purchases made without proper procurement procedures or approved by anyone other than the appropriate signing authority, and/or not approved according to the thresholds of this policy, and where budget is not available. The City cannot pay for unauthorized purchases.
Ratification Process: Unauthorized purchases can be validated if ratified by the appropriate signing authority and a written explanation of the procurement method used. For unauthorized purchases to be considered for ratification, the following steps must occur:
1. The employee making the unauthorized purchase must provide a written explanation of why the purchase was made, and what procurement methods were used. (Exhibit D Ratification Request Form attached).
2. The Ratification Form must be reviewed and approved by the appropriate signing authority and approved by the Finance Director and City Manager. If purchase is over $60K, it must be ratified by City Council.
3. Ratification Form must have attached backup to substantiate the purchase. For example- Sole Source Justification, Request for Quotes Form or 3 quotes attached, Bid evaluation information and/or documentation, or Cooperative Purchase contract. 1343
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 16 Restitution: In the event that a vendor has been paid and the Unauthorized Purchase is not subsequently ratified or is not approved in the manner stated in this policy, the employee may be held responsible for reimbursing the city.
1.16 APPROVING AUTHORITY
The Approving Authority in each department is responsible for insuring that all purchases comply with the City’s Procurement Policy and CAL-Card program.
Other duties of the Approving Signature Authority include:
1. Reviewing available budget prior to purchases and upon approving invoices for payment.
2. Ensuring bid process and compliance is in accordance with this policy.
3. Reviewing Cal Card holders’ statements to ensure purchases are appropriate and charged to the correct account number with available budget.
4. Ensuring all Invoice documentation (receipts, acknowledgements, packing slips, etc.) are attached to the Cal Card holder statement.
5. Reviewing and approving invoices for accuracy. Signing and dating the Invoice with appropriate account number with available budget.
6. Submitting all cardholder statements, and invoices to Accounts Payable in a timely manner.
7. Resolving issues related to invoices, credits, purchases, and backup documentation.
Delegation of Signature Authority:
Finance Director approves for: City Manager
City Manager approves for: Dept. Heads, Direct Report Employees, City Clerk & Elected Officials
Department Heads approves for: Division Managers, Dept. Employees Division Managers approve for: Direct Report Employees
Approval Authority Thresholds:
Purchase Dollar Limit: Approval Authority- Signature Required $0 - $9,999 Supervisor/ Designated Purchaser
$10,000 - $29,999 Department Head
$30,000 - $59,999 Department Head and City Manager
$60,000 and over City Council Approval and City Manager Signature 1344
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 17
2. DISCRETIONARY PURCHASES: $0 - $9,999.00
Goods and services less than $10,000 can be purchased directly by a Designated Purchaser within a city department without a competitive bid process, this threshold must include tax, shipping, and handling. Purchasers should ensure available budget and use best efforts and judgment to provide greatest value to the city. ALL purchases require an itemized receipt or invoice upon purchase.
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 itemized invoice, appropriate 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 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 with available budget, “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 M.
2.3 VENDOR INVOICES
Invoices are more than requests for payment. They’re legal documents, historical records of sale, and an important part of the financial workflow. An invoice is a key component of the sales and payment process. A detailed invoice needs to be received for ALL purchases and submitted to Accounts Payable when requesting payment.
Invoice Requirements:
• Contact Information: Business or owner name, address, phone number, email address • Bill to Information: Name and address where payment should be sent • Invoice Number: invoice or order identifier
• Invoice Date: Date invoice is prepared
• Description of goods/services: must provide detailed information of goods purchased (quantity, description of item, cost per item) and/or services provided (description of services, cost per hour or task).
• Subtotal of costs
• Sales Tax: City of South Lake Tahoe is 8.75%
• Total Invoice: Total invoice amount to pay
1345
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 18 Invoice Payments:
Invoices can ONLY be paid if budget is available, and must include the following:
• Account Number used for payment should be clearly marked on the invoice, email or payment request, with the notation “OK to pay”.
• Amount of payment must be available in the current year budget in the appropriate department account and object code.
• Example: “OK to pay with account# 100 01511 45010”. This account number reflects the Fund (100), Department (01511) and the purchase is for General Supplies (object code 45010). Budget must be available in the 45010 line item. • Refer to your department’s Budget to Actual in the Financial Software System (e.g., One Solution) to verify the correct account number and confirm available budget. • All Department Heads, Managers, and Designated Purchasers should have access to the software system and know how to review the budget when responsible for procurement. • Proper authorization signatures must be clearly marked on the invoice, email or payment request in accordance with Approval Authority per dollar threshold. • Invoices should be routed for signatures and sent to Accounts Payable or emailed to [email protected] for payment.
2.4 LOCAL VENDOR MASTER ACCOUNT PURCHASES
Many local vendors allow city employees to make discretionary purchases against an approved master account (ex. Meeks, Ace Hardware, DIY, etc.). Departments utilizing this option should do the following:
• Ensure budget is available and purchase is necessary. • Ensure staff member making the purchase is a designated employee on the account. • Provide your name, department, and a clear, legible signature at point of purchase. • Receive a copy of the receipt/invoice upon point of purchase. • Submit copy of receipt/invoice, approved for payment, with signature, department and account number to accounts payable within 5 business days of purchase. • ALL purchases require an invoice/receipt. For missing/lost receipts, departments should contact the vendor to acquire a copy of the receipt or written documentation of proof of purchase signed by the Department Head.
• Habitual problems with lost receipts can result in disciplinary action for the offending purchaser.
2.5 PETTY CASH PURCHASES
Petty cash funds are issued to departments, in the charge of a custodian, to be used on a revolving basis for the payment of small emergencies and commonly budgeted, pre-approved expenses.
Only those expenditures considered as having a public purpose, for the benefit of the City of South Lake Tahoe will be allowed. Employees should use good judgment when expending public funds and avoid any transactions that may appear inappropriate. Refer to Financial Policies – Cash for additional information regarding guidelines for establishment and use of petty cash. 1346
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 19 Per Financial Polices- Cash, approved by City Council:
• Petty cash disbursements are not to exceed $50 unless approved by the Director of Finance • Petty cash funds are for small purchases only and cannot be used for services, employee meals, or travel reimbursements.
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, including tax, shipping, and handling as well as total lease or contract cost over the life of the contract or lease. Available budget must be determined prior to bidding process.
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, PSA’s, 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 acceptable for invoices.
3.2 INFORMAL BID AND PROPOSAL PROCESS
The following processes are to be followed by the Department Head or his/her Designee.
1. Obtain at least three written quotes or proposals from vendors, individuals, companies, consultants, and/or business entities, documenting in writing each quote received (optional to use Request for Quotes Form (Exhibit C)) or provide copies of written proposals/quotes received.
2. Informal solicitations should include detailed information of the goods or services required with clear specifications to allow objective competition. Specifications should include all requirements (quantity, dimensions, timeline, compatibility, delivery, discounts, warranties, tax, shipping, etc.).
3. Provide suppliers with a date and time in which to respond to your request for quote. Allow minimum 4 business days for response to email or phone requests, and minimum 10 days for Planet Bids response.
4. Solicitations can be via email, telephone, or Planet Bids. When soliciting by phone, provide adequate and similar information to all suppliers, follow up with written 1347
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 20 documentation, ensuring that all responses are in written form. Verbal quotes are not sufficient.
5. 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). Allow a minimum response time of 10 days. Quotes and Proposals shall be evaluated by Department Head or designee based on requirements of the solicitation.
6. For price quotes 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).
7. For proposals or Professional Services, the department selects the vendor whose qualifications meet the highest evaluation ranking as the most responsible bidder.
8. Provide in writing, the rationale for choosing the selected vendor. (Can use Request for Quotes/Proposal form)
9. Tie Bid- If two or more quotes are for the same total amount or unit price and all requirements being equal, Department Head may choose to award to the proposer meeting the needs of the department (up to $29,999). Tie-Bid Quotes $30,000 and over may be chosen by the City Manager.
10. If at least two responsible vendors respond, the evaluation may proceed according to this policy. Document the effort to procure 3 quotes and the fact that two were received.
11. If the result is only one response, and the sole response meets all specifications and requirements, the purchase may be awarded subject to the threshold and Signing Authority of this policy. Document the effort to procure 3 quotes, and the fact that one was received.
12. No Response: When competition results in no quotes, or no quotes meeting the requirements; the department can re-bid, modifying any possible restrictive requirements, or if in the opinion of the DH, a second solicitation would not result in a different outcome; the DH may reach out to vendors using the same specifications and proceed with Sole Source documentation in accordance with this policy.
13. $10,000 - $29,999: Professional Service Agreement (PSA), Purchase Order (PO), or direct invoice may be used, signed by Dept. Head. Copies of PSA must be forwarded to City Clerk for Records Retention.
14. $30,000 - $59,999: Purchase Agreement (PA), PSA, or PO must be used; reviewed by Finance and City Attorney, signed by City Manager
• Department Head or designee (DH) prepares the contract using the appropriate template (see Exhibits G through J); negotiates and agrees upon terms, scope, and cost with chosen vendor/supplier and;
• Electronically submits document along with Contract Routing Form (Exhibit E) to the City Clerk’s Department with the email address of the authorized Vendor/Supplier signatory. The City Clerk’s Department will then route the contract in Adobe sign in the following manner:
• Department Head for approval, Finance Director for budget review, City Attorney’s Office for review and/or approval, City Manager for approval and back to City 1348
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 21 Clerk to attest (where applicable) for records retention, and onto the Vendor/Supplier for their signature (do not obtain any signatures in advance of the Contract being routed). City Clerk sends executed copy back to the Department and mails/emails copy to the vendor.
15. Department sends the following documents to Accounts Payable for payment:
• Signed invoice and/or PO, Request for Payment with Contract/Agreement • Business License #
• Three Original Quotes
• Approved Sole Source Request Form (if used)
• Proof of Insurance (when required)
• Gov’t. cooperative contract information (if used)
3.3 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 M for instructions in creating a PO
3.4 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 J for template (this template is mandatory when issuing a PA)
5. Executed Purchase Agreements should be forwarded to the City Clerks office for record retention
3.5 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:
1349
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 22
1. A professional consultant is necessary to perform a specific set of tasks
2. Should generally be in effect for a specific period, noted in the agreement
3. Should include a “not to exceed” dollar limit
4. Submit a copy of PSA with first approved invoice to Accounts Payable for payment
5. Refer to Exhibit H for template (this template is mandatory when issuing a PSA)
6. Executed copy should be forwarded to the City Clerk office for records retention
3.6 AMENDMENTS, RENEWALS, CHANGE ORDERS
For purposes of determining the appropriate award authority, contract amounts are defined by what constitutes a “single” transaction”. This requirement also applies to informal and formal bidding procedures. Original contract amount is considered a “single” transaction and bidding procedures as well as signing authority should be followed accordingly.
Amendments: A dollar value or scope change to an existing Contract/Professional Service Agreement (PSA). Amendments with a dollar value increase to an existing contract, must be added to the original contract and totaled to determine transaction value. This new amount is now the “single transaction amount”.
Example: The City Manager awards a contract for $55,000 and a $25,000 amendment is required. The resulting transaction is $75,000, now requiring City Council approval.
Amendments to scope of work must be minor changes; not altering the intent or bid requirements of the original scope. Small changes can be approved within original transaction signing authority.
Extensive scope of work amendments should be reviewed by the City Attorney.
Change Orders: The Director of Public Works is delegated authority to approve, without seeking new bids, contract change orders to public projects up to the combined amounts authorized in this policy so long as the combined amounts are within the approved project budget. (City Code §3.45.170). City Council approval is required when additional budget is required for the change order, or when the total transaction cost exceeds Director of Public Works signing authority referenced in the Public Project section of this policy.
Renewals: Contract renewal is the process of extending the term of an existing contract either by re-establishing the original contract or creating a new one with potentially updated terms.
Renewals with new terms or different in scope must be treated as a new contract, subject to the signing authority of this policy and review by City Attorney. Should City Attorney determine the change in scope or terms to be significantly different, a new bidding process may have to be utilized according to transaction thresholds within this policy.
Example: City Manager approves a PSA for Department A in the amount of $50,000 for a one-year term with an option to renew. Department A wishes to renew to the contract, however the price for year two will be $70,000 and the scope of contract will now include additional services provided to Department B as well as Dept. A. In this example, the renewal proposed should be reviewed by the City Attorney to determine if the scope of work aligns with the original intent of the bid process. If approved by City Attorney, the renewal will then have to be approved by City Council since the new amount of $70,000 1350
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 23 exceeds the City Manager signing authority. If additional budget is required, City Council will have to approve new budget appropriation.
Renewals with the same terms and conditions, as well as the same scope of work, simply extending the term, can be renewed by the original signing authority, if the original contract has an “Option to Renew” clause. “Option to Renew” clauses can generally be included in Agreements with original terms of less than 3 years.
Example for Professional Service Agreement (PSA): Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue through Month, day, 20XX, with an option to renew annually for two years.
Example: A PSA was issued for $20,000 with an option to renew for another year. The Dept. Head signed the PSA in accordance with this policy. In year two, the department wishes to renew the contract with no changes to scope of work, for a cost of $25K. The department has this amount in their budget; therefore, the Department Head can execute this renewal per signing authority of this policy. If additional budget had been required, City Council approval would’ve been needed to appropriate budget.
3.7 CONSULTANT INVOICES
Professional and consultant services are generally acquired to obtain information, advice, opinions, alternatives, conclusions, recommendations, or direct assistance, such as studies, analyses, evaluations, liaisons with Government officials, or other forms of representation. As such, their invoices should reflect the services performed. Consultant invoices should include:
o Date of work performed/ period of performance
o Nature and scope of the service rendered during period of performance o Sufficient detail as to time expended on tasks performed (number of hours worked, hourly rate, travel costs, mileage rate as approved, etc.) o Subconsultant backup documentation should be included; invoices, hours worked/hourly rate, travel documentation, receipts, etc. o Fees for services rendered are allowable only when supported by evidence of the nature and amount of other expenses and in accordance with the executed PSA. o In-direct costs are only allowable up 15% de minimis, or a federally approved rate.
Consultant must provide documentation of approved rate if more than 15%. o PROHIBITED: mark-ups, bonus’s, commissions, incentives, gifts and entertainments costs, are all prohibited from being paid on consultant invoices.
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. Ensure budget is available in proper account prior to soliciting bids. If budget is not available, approval for appropriation by City Council may be required (see Budget Appropriation section 1.10).
1351
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 24
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 1.10)
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 G)
• DH selects Proposal Evaluation Committee and drafts Evaluation Scorecard.
Committee reviews Proposals and scores per criteria detailed in RFP.
5. Request for Qualification (RFQ): used as the pre-qualification stage of the procurement process. Only those proponents who successfully respond to the RFQ and meet the qualification criteria will be included in the subsequent RFP solicitation process. • Used when there is potential for significant interest in a contract opportunity. This can make the process more efficient as the field can be narrowed down prior to the RFP process.
• Can be used to create a pre-qualified list for a future opportunity • Can be used as the sole selection process for straightforward projects/services that require a specialized skill set or where the task is very specific and contract negotiations can proceed with the most qualified vendor.
6. Invitations to Bid (BID): used when the City is seeking specific goods, material, equipment, tangible object.
• BIDs are subject to competitive sealed bidding procedures • Must use mandatory BID template (Exhibit I)
• DH selects BID Evaluation Committee and drafts BID Evaluation Scorecard per details outlined in the BID.
1352
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 25 • 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”. Solicitations may be modified prior to BID response due date.
4.3 LOCAL BUSINESS PREFERENCE
The City shall apply a five percent (5%) discount to all Local Businesses which submit bids for materials, supplies, equipment, and services for non-public projects. The City shall evaluate the Local Businesses’ bids as though the bid had been submitted at a cost of 5% lower than the cost submitted (SLTCC § 3.45.020(F)). Local Business shall mean a business which maintains its principal place of business in a fixed office within the City of South Lake Tahoe and possesses a current South Lake Tahoe business license. (SLTCC § 3.45.095)
4.4 BIDDER’S SECURITY
When deemed necessary, bidder’s security may be prescribed in invitations to bid, RFPs, and RFQs. Bidders shall be entitled to return of bid security; provided however, that a successful bidder shall forfeit his or her bid security upon his or her refusal or failure to execute that contract within ten days after receipt of contract (SLTCC § 3.45.020).
4.5 BID AND RFP/RFQ EVALUATIONS
BID or RFP Evaluation committee means the body appointed by the DH to review and evaluate proposals submitted in response to the Request for Proposal or Invitation to Bid. The functions of the Committee are as follows:
1. Determine and apply evaluation criteria per Evaluation Forms and Scoresheet
2. Evaluate proposals individually and/or discuss as a committee
3. Rank based on highest score to lowest and/or develop a shortlist
4. Interview/ obtain clarifications
5. Recommend Award
Evaluation Committee shall be comprised of at least three (3) individuals, including:
• At least one employee from the same department as the Department Head • An employee with knowledge of the subject matter of the service or good, or end user of the service or good
• An employee of the Finance Department
• 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 1353
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 26 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 F) • Evaluators shall each complete their evaluation forms in confidence, however evaluators can discuss requirements of the RFP or BID in relation to the Evaluation Forms.
• Evaluators shall give a point score and Comments for each evaluation category. • Evaluators may ask questions or request clarification from the Department but should not disclose scores until all reviews are complete and total points tallied. • The Committee may meet to discuss criteria and results. • The Committee may request vendor interviews, depending on the outcome or type of solicitation.
• The Evaluation Committee provides the Evaluation Forms and Scoresheet to the Department Head for final determination.
Rejection, Tie Bids, and Rejection of All Bids: A bid or proposal may be rejected by the Evaluation Committee where it is found that the bid or proposal is “non-responsive.” Where Evaluation Committee chooses to reject one or all bids, Committee shall confer with the City Attorney on the rejection.
1. Any of the following conditions may render a Bid “non-responsive” • The bid or proposal does not strictly conform to the required specifications as set forth in the RFP or Invitation to Bid (the City may waive immaterial, minor irregularities in bids).
• The bidder or proposer has demonstrated that they are unable to satisfactorily meet the responsibilities required of the contract.
• The bidder’s or proposer’s products or services have been demonstrated, through documented past performance in the industry or through prior use by the City, to be incapable of satisfactorily meeting the accepted demands required of the product or service.
2. Tie Bid- If two or more bids are for the same total amount or unit price and if the responsibility and final score (from the Evaluation Scorecards) are equal, the Department Head or City Council may award to whichever bidder or proposer it so chooses.
Less Than Three BID Responses: Solicitations advertised on the city’s Planet Bids portal is considered “competitive solicitation”, therefore:
1354
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 27
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.
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:
1. Contact losing bidders and informs them that City has selected another bidder (see template Exhibit K)
2. Contacts winning bidder and negotiates terms of contract along with assistance of City Attorney. (see template Exhibit L)
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.
1355
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 28
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, with available budget to fund the product, service, or project.
6. The recommended bidder or proposer’s original submission shall be attached.
7. The Professional Service Agreement or Purchase Agreement with negotiated terms approved by the City Attorney should be attached.
4.7 BID PROTESTS
A non-selected bidder may protest the award of an Invitation to Bid. A non-selected proposer may not protest the award of a Request For Proposal or Request for Qualifications.
Bid Protest Procedures: Per SLTCC § 3.45.020(E), a written Bid Protest must be received by the City Clerk no later than seven (7) calendar days after the City’s selection of the winning bidder or no later than ten calendar days from the date that the City issues notice of designation of a bidder as non-responsible.
Contents of Bid Protest: The Bid Protest shall state all grounds claimed for the protest and include supporting documentation. Failure to clearly state the grounds for the protest and provide supporting documentation shall be deemed a waiver of all protest rights.
Bid Protests Presented to Council: Where award of the contract is to be made by the City Council, the City Clerk shall place a discussion of the Bid Protest on the next regularly scheduled Council Meeting Agenda and the City Council shall determine whether, based on the Protest, to award the contract to the selected bidder, to reject all bids, or to award the contract to the next responsible bidder. Staff Recommendations addressing a Bid Protest shall contain the following elements:
1. A description of the project for which the Invitation to Bid was circulated.
2. A brief summary of the bids received.
3. A description of the reasons the winning bidder was selected.
4. A description of the reasons the bid is being protested.
5. The winning bidder’s original bid shall be attached.
6. The protesting bidder’s original bid shall be attached.
7. All Bid Evaluation Scorecards shall be attached.
8. The Bid Protest shall be attached.
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. 1356
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 29 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 or;
3. Copies of 3 bids, proposals, or quotes
4. Budgeted/approved account number
5. Copy of Executed Contract/ Agreement
6. Copy of approved Council Resolution (if applicable)
7. Sole Source Justification Form (if applicable)
8. Cooperative Gov’t Contract (if applicable)
4.9 FEDERAL PROCUREMENT/OTHER REVENUE FUNDS
Purchases utilizing Federal Funds, Grant Funds or other Revenue Sources as the funding source require procurement compliance with this policy, Grant Funding Compliance Policy, as well as the procurement standards set forth in the contract funding the purchase.
Federal Awards, Cooperative Agreements, or State Awards utilizing Federal Funds must also follow the General Procurement Standards in the Code of Federal Regulations (CFR); Title 2:
Grants and Agreements section §200.317 through §200.327. These guidelines can be found at https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl; or contact Grants Manager for additional information (ext. 7410).
Suspension and Debarment: ALL Federal Awards used to procure vendors, consultants, contractors, subrecipients, providing goods or services to the city in excess of $25,000.00 must maintain evidence of vendor “Suspension and Debarment” verification through the “Systems for Awards Management (SAM). Print or save electronic copy of verification through SAM.gov 1357
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 30 or contact Grant Manager to assist in obtaining verification. This requirement must also be included in your Contract, Professional Services Agreement, or PO. (Refer to templates in this policy for “Suspension and Debarment language) per Section 2 CFR §200.332.
Grant Awards and Cooperative Agreements utilizing funds through Caltrans must follow the Local Assistance Procedures Manual (LAPM, particularly Chapters 5 and 16. These guidelines can be found at https://dot.ca.gov/programs/local-assistance/guidelines-and-procedures/localassistance-procedures-manual-lapm or contact Grants Manager for additional information.
Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms: to the extent possible, the city will assure that small, minority, and women’s business enterprises are solicited when there are potential sources. Effective 10/1/24, “VeteranOwned Businesses” will be encouraged. When utilizing federal funds refer to CFR §200.321 In determining purchasing bid thresholds while maintaining compliance with multiple policies; utilize the most stringent requirements to ensure meeting all standards and regulations. 1358
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 31
EXHIBIT A
PAYMENT REQUEST
FORM
1359
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 32
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: _____________________________
1360
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 33
EXHIBIT B
SOLE SOURCE
JUSTIFICATION
REQUEST FORM
1361
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 34
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 1362
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 35 .
EXHIBIT C
REQUEST FOR QUOTES
AND PROPOSALS
FORM
1363
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 36 1364
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 37
EXHIBIT D
Ratification
Request Form
1365
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 38 1366
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 39
EXHIBIT E
Contract/Agreement
Routing Form
Template
1367
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 40 1368
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 41
EXHIBIT F
PROPOSAL
EVALUATION FORMS/
SCORESHEET
TEMPLATE
1369
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 42
EVALUATION FORMS
CITY OF SOUTH LAKE TAHOE REQUEST FOR PROPOSALS
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
1370
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 43 • A statement to the effect that the proposal shall remain valid for a period of not less than 120 calendar days from date of submittal
• Signed by person authorized to bind the Firm to the terms of the proposal.
Total Points_____________
Comments_________________________________________________________________________ __________________________________________________________________________________ _________________________________________________________________________________ III. EXECUTIVE SUMMARY (0 – 10 points)
Scoring shall be based upon the vendor’s ability to describe the overall approach and plans to meet the requirements of the RFP. The intent of this narrative is to convince the City that the Proposer understands the requirements of proposal, the nature of the work, and the level of effort necessary to successfully provide the defined services.
Total Points___________________
Comments_________________________________________________________________________ __________________________________________________________________________________ IV. COMPANY HISTORY, BACKGROUND AND EXPERIENCE (0-20 points) Describe the Company’s history and organizational structure, including the size of the company, location of office(s) and years in business. Provide resumes for project team members. Also include the Firm’s background, experience, and capacity to undertake the services requested 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 1371
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 44 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 implementation plan considerations, including timeframes and deliverables for various stages of the agreement.
Total Points___________________
Comments_________________________________________________________________________ ______________________________________________________________________________ VI. PROJECT BUDGET (0 – 25 points)
Provide a description of the project cost and/or fees itemized according to the RFP proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs, including all out-of-pocket expenses. The City of South Lake Tahoe will not be responsible for the expenses incurred in preparing and submitting the proposal.
The Company shall present all costs, fees, taxes, and charges based on achievement of deliverables, which should be outlined in the Company’s Cost Proposal.
Total Points ___________________
Comments_________________________________________________________________________ __________________________________________________________________________________ VII. RECENT PROJECTS/REFERENCES (0 – 5 points)
Provide a description of accounts/ agreements of a similar nature including at least three (3) recent client references with names and telephone numbers, contact persons.
Total Points ___________________
Comments_________________________________________________________________________ __________________________________________________________________________________ TOTAL COMBINED POINTS: __________________
(Add total points from Sections I, II, III, IV, and V)
RANKING (from scoresheet): _______________
1372
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 45
EVALUATION SCORE SHEET
.
1373
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 46
EXHIBIT G
STANDARD RFP/RFQ
TEMPLATE
1374
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 47
REQUEST FOR
PROPOSALS/QUALIFICATIONS
TITLE
PICTURE
RFP/RFQ # date of award yyyy-mm-dd
1375
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 48
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 Planet Bids on-line portal. Fax and Electronic-mailed (e-mail) submission will/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 “qualified or best value”.
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
1376
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 49
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
Proposals must be submitted through the Planetbid portal. Proposals shall/shall not be e-mailed or faxed to the City (determined by Dept.) Proposals not received by the date and time specified in this RFP, will be rejected. Documents submitted in response to this RFP will become the property of the City of South Lake Tahoe and will be regarded as public record under California Public Records Act under Government Code 6250 et seq., and subject to review or release to the public, excluding financial records marked “confidential” which shall be available for the Proposer to pick up following a review and selection of the firm(s).
3. Format
Font, Type and Style: All proposals shall be single sided and professionally prepared (no handwritten proposals will be accepted). There are no requirements on font size, type, or style requirements.
Not Bound: Proposals shall not be bound with anything other than a clip or staple to allow the City to make additional copies as needed. No comb binding or permanent binding is permitted.
4. Submittal Deadline
Response to this RFP is due on or before MM/DD/YYY no later than 12:00 p.m. (Pacific Standard Time) at City offices (address below). Reponses received after the deadline will not be accepted; there are no exceptions. Fax and Electronic-mailed (e-mail) submission will not be accepted. Submit Proposals to:
City of South Lake Tahoe
Attn:
RFP Title
City Address
South Lake Tahoe, CA 96150
1377
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 50
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. 1378
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 51 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. 1379
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 52
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.… 1380
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 53
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 1381
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 54 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
1382
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 55 ATTACHMENT 1
SAMPLE
PROFESSIONAL SERVICE AGREEMENT
1383
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 56
EXHIBIT H
STANDARD
PROFESSIONAL
SERVICES AGREEMENT
TEMPLATE
1384
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 57
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. 1385
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 58
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 1386
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 59 and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents, and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be 1387
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 60 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 not serve in a staff capacity and will conduct research and arrive at conclusions with respect to their 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,
1388
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 61 b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation, or counsel. [FPPC Reg. 18700.3(a).
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 their 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. If Consultant will be physically present in the City of South Lake Tahoe to perform some or all of the services, Consultant shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.
1389
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 62
14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.
Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.
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 their employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
1390
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 63 Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees, and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal 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 1391
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 64 than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional
insureds under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
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 1392
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 65 limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies.
The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount, and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.
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 1393
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 66 subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.
20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.
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 ancestry, age, color, disability, genetic information, gender expression, gender identity, marital status, medical condition, military or veteran status, national origin, race, 1394
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 67 religion, reproductive health decision making, sex/gender, or sexual orientation. 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.
23. Drug-Free Workplace Certification. This certification is only required for Consultants receiving payment from Grant Funding. 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 8355, 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(a)(3), 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.
1395
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 68
24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.
25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et.seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.
27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
29. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
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 1396
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 69 the legal power, right, and authority to make this Agreement and to bind each respective party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE: CONSULTANT:
By___________________________ By ________________________________ City Manager Name, Title
Date_________________________ Date______________________________
Business License # __________________
APPROVED AS TO FORM:
By____________________________ Date_____________________________ City Attorney
ATTEST:
By____________________________ Date___________________________ City Clerk
Attachments:
Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
1397
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 70
EXHIBIT A
SCOPE OF SERVICES
1398
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 71
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
1399
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 72
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_______________________ 1400
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 73
EXHIBIT I
STANDARD
INVITATION TO BID
TEMPLATE
1401
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 74
INVITATION TO BID
TITLE
Picture
BID# date of award yyyy-mm-dd Title
*note: Formal Bids must be posted for minimum of 30 days 1402
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 75
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).
Electronic Bids are due on or before MM/DD/YYYY no later than 12:00 p.m. (Pacific Standard Time) Electronic Bids must be uploaded by said time and date. Bids received after the deadline will not be accepted. Bids must be submitted by Planet Bids. Fax and Electronic mailed (e-mail) submission will not be accepted.
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 xx-xx-xxxx
City Council Award xx-xx-xxxx
1403
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 76
SUBMITTAL PROCEDURES
1. Register with the City
All Bidders must register through the Vendor Portal in the Planet Bids website 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 Planet Bids. Bidders are solely responsible for maintaining up to date and accurate information in the Vendor Database.
2. Public Record
Bids not received by the date and time specified in this BID, will be rejected. Documents submitted in response to this BID will become the property of the City of South Lake Tahoe and will be regarded as public record under California Public Records Act under Government Code 6250 et seq., and subject to review or release to the public, excluding financial records marked “confidential” which shall be available for the bidder to pick up following a review and selection of the bid.
3. Format
Font, Type and Style: All proposals shall be single sided and professionally prepared (no handwritten proposals will be accepted). There are no requirements on font size, type, or style requirements.
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) through Planet Bids on-line portal. Reponses received after the deadline will not be accepted; there are no exceptions. Fax and Electronic-mailed (e-mail) submission will not be accepted.
5. 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.
1404
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 77
7. Reservations
a) The City reserves the right to reject any and all bids, whether or not minimum qualifications are met, and to modify, postpone, or cancel this Invitation to Bid, in whole or in part, or decide to award a contract on the basis of individual items, or groups of items, or on the entire list of items; to reject any or all bids or any part thereof; and to waive any informalities and/or negotiate minor deviations to the bid, with the successful bidder. The City's decision shall be final, without liability, obligation, or commitment to any party, firm, or organization.
b) In addition, the City reserves the right to request and obtain additional information from any Bidder and to negotiate the final scope of services with the selected vendor. The City is not liable for any costs incurred by Bidders prior to issuance of an agreement, contract, or purchase order. Costs of developing the bid, oral presentations or any other such expenses incurred by the vendor in responding to the BID are entirely the responsibility of the vendor and shall not be reimbursed in any manner by the City of South Lake Tahoe. c) Only the City Council of South Lake Tahoe, or the City Manager after being duly authorized by the City Council, may execute the Agreement with the successful bidder.
Further, it is understood that respondents must independently evaluate the information in this BID and that the City makes no guarantee of data accuracy. d) The City reserves the right to waive or permit cure of minor informalities and/or insignificant mistakes such as matters of form rather than substance and to conduct discussions and negotiations with any qualified respondent in any manner deemed necessary by the City to serve its best interests. The City also reserves the right, based on 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. 1405
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 78
8. Bid Protests
a) A non-selected bidder may protest award of contract by submitting a written bid protest which shall be received by the city clerk no later than seven calendar days after the city’s selection of the winning bidder or no later than 10 calendar days from the date that the city issues notice of designation of a bidder as non-responsible. b) The bid protest shall state all grounds claimed for the protest and include supporting documentation. Failure to clearly state the grounds for the protest and provide supporting documentation shall be deemed a waiver of all protest rights. c) Where award of the contract is to be made by the city council, the city clerk shall place a discussion of the bid protest on the next regularly scheduled council meeting agenda and the city council shall determine whether, based on the protest, to award the contract to the selected bidder, to reject all bids, or to award the contract to the next lowest responsible bidder.
9. Local Business Preference
a) The city shall apply a five percent discount to all local businesses which submit bids for materials, supplies, equipment, and services for nonpublic projects. The city shall evaluate the local businesses’ bids as though the bid had been submitted at a cost of five percent lower than the cost submitted.
b) Local Business shall mean a business which maintains its principle place of business in a fixed office within the city of South Lake Tahoe and possesses a current South Lake Tahoe business license. To establish a principle place of business in South Lake Tahoe, a business must demonstrate the majority of its principals are based in the South Lake Tahoe office, and that it pays South Lake Tahoe payroll taxes on at least 51 percent of its total payroll.
9. Bidder’s Security
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. 1406
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 79
INTRODUCTION
8. Background
Background information that would be relevant to what product is being requested
9. Objective
What is the City’s primary objective? What are we trying to accomplish through this BID?
SCOPE OF WORK
11. Scope of Work to be Performed:
- List all technical and general specifications of item(s), product, service, etc…. - Be specific with all details and descriptions.
- Request bid to include all fees, tax (8%), delivery charges - Request implementation schedule, timeline, delivery date 1407
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 80
BID CONTENT REQUIREMENTS
12. Bid Requirements - All bids must include the following information and shall be organized as described below.
A. Cover Letter
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.
B. Product Specification
In a brief narrative, describe the specifications 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.
C. Company History, Background and Experience
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.
D. Scope of Work/Implementation
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 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 estimated timeframes and deliverables.
1408
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 81 E. 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.
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.
ATTACHMENT 1
SAMPLE
STANDARD PURCHASE AGREEMENT
1409
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 82
EXHIBIT J
STANDARD
PURCHASE
AGREEMENT
TEMPLATE
1410
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 83
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 has been selected as the lowest qualified bidder to provide the goods/materials/products set forth in this Agreement.
B. Vendor and City desire to enter into this Agreement for the purchase of said goods/ materials/ products. .
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.
1411
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 84 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 1412
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 85 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 1413
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 86 notice shall be addressed to the other party at the address set forth below.
Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Vendor:
Provide a copy to:
14.Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Vendor. Assignments of any or all rights, duties or obligations of the Vendor under this Agreement will be permitted only with the express consent of City. Vendor shall not subcontract any portion of the Agreement without the written authorization of City. If City consents to such subcontract, Vendor shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
15.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
16.Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado 1414
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 87 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.
1415
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 88 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE: VENDOR:
By___________________________ By ________________________________ City Manager Name, Title
Date________________________ Date______________________________
Business License # __________________
APPROVED AS TO FORM:
By____________________________ Date__________________
City Attorney
ATTEST:
By____________________________ Date___________________
City Clerk
Attachments:
Exhibit A – Description of Goods/Materials/Products
Exhibit B – Compensation
Exhibit C - Anti-Lobbying Certification
1416
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 89
EXHIBIT A
Description of Goods/Materials/Products
1417
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 90
EXHIBIT B
COMPENSATION
• Provide total itemized costs
• Include all taxes, shipping, handling, fees, and discounts 1418
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 91
EXHIBIT C
ANTI-LOBBYING CERTIFICATION
Vendor shall submit to City this certification prior to or at the time of the execution of this Agreement.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.
The undersigned certifies, to the best of his or her knowledge or belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction.
Vendor:
Name, Title
By: ________________________________________ Date________________________ 1419
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 92
EXHIBIT K
RFP REJECTION
LETTER –
TEMPLATE/EXAMPLE
1420
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 93
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,
1421
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 94
EXHIBIT L
RFP ACCEPTANCE
LETTER
TEMPLATE/EXAMPLE
1422
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 95 *Use Department City Letterhead
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 1423
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 96
EXHIBIT M
INSTRUCTIONS TO
CREATE A STANDARD
PURCHASE ORDER
(PO)
1424
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 97 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 1425
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 98 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 1426
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 99 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 1427
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 100 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. 1428
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 101 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. 1429
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 102
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.” 1430
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 103
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
1431
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 104
2. Click on “Settings”
3. Click on “Preferences” tab and select “Enable for “Show Attachments”. Then click on “Apply Settings”
1432
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 105
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.
1433
City of SLT Financial Policies – Grants 1 August 20254
FINANCIAL MANAGEMENT
GRANT FUNDING AND COMPLIANCE POLICY
The purpose of this document is to establish uniform guidelines for oversight of the City of South Lake Tahoe in the pursuit of grant relatedgrant-related revenue. Adherence to the following policies and procedures promote increased efficienciesefficiency, transparency, accountability to ethical standards, and a strategic approach to funding opportunities, which enable the City to be competitive in securing grant funding. All City personnel utilizing or seeking Grant funding for City business purposes are responsible for knowing and following this policy.
Table of Contents
1. General Standards ......................................................................................................................... 2-3
1. Conflicts of Interest.......................................................................................................................... 2 Code of Ethics .................................................................................................................................. 3 Fraud, Waste, and Abuse ................................................................................................................ 3 Reporting Hotline ............................................................................................................................ 4 Disciplinary Action .......................................................................................................................... 4
2. Grant Application ............................................................................................................................ 3
2.1 Grant Planning and Opportunities.............................................................................................. 3
2.2 Determining Eligibility ........................................................................................................... 3-4
2.3 City Council Approval to Apply ................................................................................................ 4
2.4 Submitting Grant Application ................................................................................................. 4-5
3. Grant Acceptance ............................................................................................................................ 5
3.1 Approval Process ....................................................................................................................... 5
3.2 City Council Approval to Accept Award ................................................................................... 5
3.3 Budget Appropriation ................................................................................................................ 6
3.4 Execution of Award ................................................................................................................... 6
4. Grant Management and Compliance ............................................................................................. 7
4.1 Roles and Responsibilities ...................................................................................................... 7-8
4.2 Grant Procurement ..................................................................................................................... 9
4.3 Compliance Standards .......................................................................................................... 9-10
5. Grant Accounting .......................................................................................................................... 10
5.1 Monitoring the Budget ............................................................................................................. 11
5.2 Cash Management ............................................................................................................... 11-12
5.3 Reimbursement Requests ......................................................................................................... 12
5.4 Staff Time/ Administration ...................................................................................................... 12
5.5 Internal Controls ...................................................................................................................... 13 Information Technology (IT Equipment) ................................................................................ 14 Equipment and Capital Expenditures ........................................................................................ 15
6. Post Award .................................................................................................................................... 15
6.1 Close-out ............................................................................................................................. 15-16 1434
City of SLT Financial Policies – Grants 2 August 20254
6.2 Audit ................................................................................................................................... 16-17 1435
City of SLT Financial Policies – Grants 3 August 20254
1. GENERAL STANDARDS
Grant funding allows the City to supplement local public funds to increase the efficiency and impact of programs, projects, and services provided to the community; therefore, the effect of grant funding and the process that governs it is significant.
Grants are not "free money". A grant is a financial award provided by a federal, state, local government, or other organization to fund specific, beneficial, goals, objectives, and/or legislative initiatives through legal, contractual, and binding grant agreements. Because government grants are funded by tax dollars, they include stringent compliance and reporting measures to ensure the money is well-spent. Careful consideration and analysis should be given prior to applying or accepting these funds.
This policy describes the City’s grant management and administration procedures and intends to do the following:
Promote the use of best practices
Promote sound financial management
Promote efficiency and effectiveness in grant funded projects and programs Ensures the grant related activity is consistent with City’s strategic priorities Ensures the integrity of the City’s good standing among granting agencies Ensures accountability for financial and programmatic elements of grant administration and management
Adoption and Implementation: The City Council is responsible for adopting the City's Grant Funding and Compliance 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 Grant applications, contracts, expenditures, revenues, and grant compliances are public records and may be subject to disclosure under the California Public Records Act (Government Code §6250-6270).
Conflicts of Interest: An 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.
Conflicts of interest and the appearance of a conflict of interest can damage the reputation, credibility, and trust of the City. These situations may involve ethical, legal, or other issues and City officials and employees should be diligent in the identification of potential conflicts when working in any capacity with proposed or funded grant activity involving the City. 1436
City of SLT Financial Policies – Grants 4 August 20254
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 design, conduct, or reporting of a city grant funded project.
It shall be the responsibility of the Grants Project Manager for each grant funded project, to ensure in the use of project funds, officials or employees of the City and nongovernmental recipients or sub‐recipients 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 grant funded program Or any other Conflict of Interest outlined per the specific grant agency Code of Ethics: Public employees and officials shall act in good faith to perform their duties ensuring fair and equitable processes in grant application, award, and compliance to foster public confidence in the integrity of the grant process. When engaging in grant activity, any person employed by the City of South Lake Tahoe, agencies, and/or subrecipients providing grant activity 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 grant laws, compliances, 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 grant partners, vendor, contractors which may influence or appear to influence grant decisions or reimbursements.
6. Ensure that all persons are afforded equal opportunity to compete in a fair and open environment.
7. Encourage any person, including any partner, subrecipient, prospective bidder, vendor, contractor, or business to act in good faith ensuring grant funds are used effectively and responsibly.
Fraud, Waste, and Abuse: The City of South Lake Tahoe is dedicated to safeguarding its revenue, property, information, and other assets from any deceitful attempts by members of the public, recipients of city funds, contractors, vendors, agents, employees, and city officials to gain unauthorized benefits. All employees and city officials are responsible for the detection, reporting and prevention of fraud, misappropriations and other misuse. Accordingly, it is the policy of the City to identify and promptly investigate any possibility of fraudulent or related dishonest activities against the City and, when appropriate, pursue legal remedies available under the law. Additional information, examples, procedures, and disciplinary actions can be found in the City’s Financial Policies, Fraud, Waste, and Abuse Policy approved by City Council in August 2025. 1437
City of SLT Financial Policies – Grants 5 August 20254
Reporting Hotline: Employees can report complaints, suspicions, or violations of any code of conduct policy, directly to their Supervisor, Department Head, Human Resources, or they can report via the city Hotline. The Hotline is available 24 hours per day and can be anonymous, or the employees can identify themselves. The Hotline number is (800) 576-5262; South Lake Tahoe organization code is 10060.
Disciplinary Actions for Policy Violations: City employees shall abide by and be accountable for the compliances, and conduct established in this policy. These policies are in accordance with Government Standards in the Code of Federal Regulations §2CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as well as Government Accounting Standards. Policy violations may result in disciplinary actions in accordance with the city’s established procedures, consistent with state law and may include, but are not limited to:
1. Disciplinary action, up to and including termination of employment
2. Restitution for all losses, including investigation and legal expenses
3. Forwarding information to the appropriate authorities for criminal prosecution
4. Institution of civil action recover losses
Employees and City Officials are responsible for exercising good judgment in applying, approving, requesting, managing and administering grant funds. Accordingly, the basic standard should prevail to provide prudent stewardship of public funds, the City's resources, and granting agency compliance.
2. GRANT APPLICATION
2.1 GRANT PLANNING AND OPPORTUNITIES
Each respective department within the City may research and identify grant opportunities to facilitate City Council’s strategic goals, objectives, and initiatives as well as department work plans, to provide supplemental or alternative funding sources to public projects, capital expenditures, or operating programs and expenses.
Once grant opportunities are identified, employees are responsible for obtaining approval from their Department Head to pursue review of such funding. Gathering information beforehand will help ensure success in meeting a tight deadline. Coordination with the Principal Management Analyst, serving as Grants Manager is encouraged to facilitate the process. Necessary components in pursuit of a competitive grant application are:
1. A list of approved projects/programs meeting the needs of the Department as well as City Council priorities (ex. CIP, Master Plans, EIP, Community Plans etc.).
2. Project/program descriptions, goals and objectives.
1438
City of SLT Financial Policies – Grants 6 August 20254
3. Project timelines, estimated costs, project budgets.
4. Matching fund contribution and fiscal impacts.
2.2 DETERMING ELIGIBILITY
To determine eligibility for grant funding;
1. Review grant guidelines, specifications, and requirements
2. Coordinate with key personnel for staff and departmental impacts as well as Finance to access fiscal impact
3. Applications should be evaluated for administrative burden, compliance cost, city match requirements, long term costs, and operation and maintenance costs
4. In the event the cost to the City exceeds the amount received from the grant, the Department should seek approval from Finance as well as the City Manager to pursue the grant further
5. Department Head shall assign a Project Manager to manage the grant project, program, and department grant compliances
6. If an outside consultant is hired to assist with grant writing or project management; the Director will assign a staff member responsible for overseeing the consultant contract and ensuring grant compliance
2.3 CITY COUNCIL APPROVAL TO APPLY
City Council approval to submit an application is required for ALL Grant Applications. A detailed staff report, and a resolution (if required) should be brought forth to City Council for Council approval/adoption. The staff report should include the following information:
1. Project and grant details
2. Budget summary
3. Administration requirements and funding source
4. Match requirements
5. Compliance requirements
6. Grantee responsibilities
7. Maintenance and operations requirements
8. Long-term costs including staffing needs after the expiration of the grant Background: should summarize and detail the need for the project or program and which priorities will be met. Provide grant agency information.
Issue and Discussion: should summarize the proposed project or program, including all departmental impacts, goals and objectives and benefits or impacts to the City.
Financial Implications: should detail all fiscal impacts, long-term costs, matching contributions, operation and maintenance costs, budget availability or budget constraints.
In the event the application deadline does not allow the necessary lead time for City Council approval; and prior Council approval is not a requirement of the application; the Department 1439
City of SLT Financial Policies – Grants 7 August 20254
Director should ensure the approval of the City Manager prior to submitting the application and will bring the item before council to the next appropriate meeting for ratification.
2.4 SUBMITTING GRANT APPLICATION
Following City Council approval, a completed grant proposal may be submitted by the department overseeing the project or program. The Project Manager and/or Grants Manager will follow the grant guidelines, and requirements to review and submit a complete and competitive grant proposal.
Budget Summary: When determining the budget for the grant application all of the project expenses must be included in the application. This includes:
1. Total cost of the project
2. Project management and oversight, staff time, administration
3. Expenses that arise as a result of your project
4. City share of costs where applicable
5. Operation and maintenance, long-term or ongoing costs
3. GRANT ACCEPTANCE
3.1 APPROVAL PROCESS
Upon Grant approval the Department will receive a grant award letter from the funding agency detailing the measures necessary to accept the award. The city should also receive a finalized grant award contract which will become a binding agreement. The grant contract and all compliance measures should be reviewed by the Grants Manager, Project Manager, and the Department Director. Grant Manager reviews the grant contract to ensure ability to maintain compliance, and the Director will ensure the department’s capability to comply with the contract and will make the appropriate recommendation to City Manager and City Council.
A Department cannot move forward with the approval process until a Grant Award Contract is received. An award letter, or email stating approval, does not constitute a contract.
3.2 CITY COUNCIL APPROVAL TO ACCEPT AWARD
The final step in the approval process is taking the awarded grant contract and funding acceptance, to City Council for approval and budget appropriation. Staff report should include:
1. Details of the grant contract, project/program and all compliance required.
2. Acceptance of the grant award, as well as the details necessary to appropriate the grant funding into the City’s Budget. The appropriated budget must match the approved budget in the grant award.
1440
City of SLT Financial Policies – Grants 8 August 20254
3. Anticipated revenues, along with balanced associated expenditures with account numbers must be outlined in detail in the staff report and resolution. (Expenditures cannot exceed revenues).
4. All pertinent documentation should be attached, including the grant award contract.
4. If there is no grant award contract attached to the Staff Report and Resolution, the grant cannot be accepted, and budget cannot be appropriated.
Provide a copy of the signed Council Resolution, and the executed Grant Contract to the Grant Manager to ensure the funds are appropriated into the budget, and tracking procedures can begin.
3.3 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.
4. Do not proceed with any grant purchase, contract, loan, or grant expenditure until City Council has approved through resolution, the appropriation of grant funds into the current fiscal year budget.
3.4 EXECUTION OF AWARD
The Grant Contract is fully executed, and the funds can be spent when the following steps are complete:
1. Granting Agency signs the grant contract and specifies the dates of the “term of the agreement”
2. Grant Contract has been approved through City Council
3. City’s Authorized Signatory signs the grant contract
4. Grant revenues and expenses have been loaded into the appropriate account within the City’s Budget
1441
City of SLT Financial Policies – Grants 9 August 20254
Grant funding cannot be spent prior to approvals and a grant award contractnotification is received from the Granting Agency. The Granting Agency typically sends the Department the original, signed, and fully executed, Grant Agreement. The Department will forward the original copy to the City Clerk as well as a copy to the Grant Manager. A copy needs to be kept within the department in a centralized file for future reference.
Authorized Signatory Responsibility: All Grant applications require an Authorized Signatory on behalf of the City. The Authorized Signatory is usually the Mayor, City Manager, or the Department Director. The signature legally binds the City to all terms and conditions within the grant agreement regardless of whether;whether the city is the main beneficiary of the funding; the city has applied on behalf of another agency for pass through funding; or the city has hired an outside agency to oversee and manage the project.
4. GRANT MANAGEMENT AND COMPLIANCE
4.1 ROLES AND RESPONSIBILITY
The following shall describe responsible partiesthe parties responsible for activities surrounding the submittal, implementation, maintenance, reporting and other related duties for grant funded projects by or on behalf of the City of South Lake Tahoe. The full development of a project or program requires the assistanceassistance and support from all affected departments.
Financial Services Department
The Principal Management Analyst in Finance will serve as the Grants Manager and is the primary person responsible for providing city‐wide coordination and monitoring of grants. This individual is responsible for ensuring the City’s grants management and compliance program is current and effectively fulfills the compliance requirements of the City’s policies and external granting agencies and is available for assistance and guidance for a successful proposal.
The Grants Manager is responsible for:
1. Researching grant opportunities and notifying departments of such opportunities.
2. Acting as a liaison between departments and funding agency personnel.
3. Assisting staff, adhering to grant guidelines, policies, and deadlines.
4. Assisting departments with City Council agenda items regarding applying for grants, accepting awards, and appropriating the grant budgets and/or reviewing agenda items related to grants prior to submission.
5. Receiving a copy of the grant award and maintaining a grant file; tracking grant activity at all stages of the grant cycle. Maintain master files of “open” and “closed” grants in accordance with retention requirements.
6. Developing and conducting grants administration training and assistance to staff pertaining to grant management and compliance.
1442
City of SLT Financial Policies – Grants 10 August 20254
7. Ensuring the departments track and report programmatic and financial grant activity in a timely manner in accordance with grant agreement, providing the proper account codes as budgeted.
8. Coordinating with Department Head, Project Manager and Finance personnel to gather all information required to meet grant funding requirements, including contracts, professional agreements, and proper invoicing from vendors.
9. Preparing and submitting grant reimbursement requests, financial reports, and final financial reconciliation and closing reports.
10. Monitoring and tracking cash flow and accounts receivable.
11. Preparing Schedule of Expenditures of Federal Award for the Single-Audit requirement.
12. Acts as a liaison between auditors, granting agency, and department personnel.
City Departments
The Department Director is responsible for programmatic and fiscal responsibilities for the designated department. This individual ensures adequate staff and infrastructure are provided for the appropriate performance of grant award management and provides oversight of staff identified as key personnel on grant awards.
Department Director is responsible for:
1. Ensuring adequate management of programmatic and fiscal aspects of the grant awards.
2. Assigning staff to adequately manage the grant awards.
3. Managing general departmental-level support activities related to grants management.
4. Approving submittals and proposed programmatic and fiscal changes to the grant.
5. Reviewing budget amendment requests if they affect commitments by the department.
6. Ensuring cost sharing dollars are available and the budget is adequate relative to the project scope and its justification is appropriate.
The Department Project Manager is the primary person responsible for the programmatic activities on a project/grant. Although some tasks may be delegated, the Project Manager is the chief accountable person and bears responsibility for the overall administrative and fiscal conduct of the grant project, for meeting the terms and conditions of the grant award, and for representing the project to the granting agency.
The Project Manager is responsible for:
1. Preparing the grant proposal, with an emphasis on the technical details, scope of work and budgetary components; coordinate with Grants Manager for fiscal impact and assistance.
2. Forwarding all grant agreements and documentation to the Grants Manager for review prior to execution by the proper City officials; prepare City Council agenda items, staff reports, resolution, and requesting budget be established and approved prior to incurring expenditures.
3. Modify and monitor the project budget, scope of work, and ensuring the appropriate charging of expenditures to the project in compliance with grant award.
4. Appropriately managing the programmatic aspects of the project, monitoring expenditures to ensure grant funds are spent in accordance with the approved budget.
5. Approving all grant expenditures and payment request, utilizing appropriate account numbers and ensuring budget. Submit to Department Director for approval. 1443
City of SLT Financial Policies – Grants 11 August 20254
6. Working with the Grants Manager to ensure the completeness, accuracy, and timeliness of programmatic and financial reports submitted to the granting agency.
7. Prepares project reporting, progress reports, final reports, monitoring reports.
8. Ensures Finance Department receives copies of pertinent information, documentation, reports or correspondence with the granting agency.
9. Ensuring contractors, subcontractors, consultants have complied with the appropriate work in a timely manner and in accordance with technical, financial, and other requirements of the award, as well as reviewing their invoices for accuracy and grant compliance.
10. Adhering to the terms of the grant agreement and policies and notifying the Grants Manager if changes are needed.
11. Follows State, Federal and City procurement, and contract policies in the utilization of grant funding.
12. Complying with Single Audit Act requirements; providing documentation for audit requests; and adhering to audit recommendations.
4.2 GRANT PROCUREMENT
The purchase of goods, materials, supplies, equipment, services, and non-public contracts must follow the City Procurement Policies and Procedures as well as the City’s Purchasing Ordinance (SLTCC § 3.45) adopted by City Council. Public Contracts and Public Projects must adhere to Public Contracts and the Uniform Public Construction Cost Accounting Act as adopted by City Council (SLTCC § 3.45 Article II).
Federal Awards, Cooperative Agreements, or State Awards utilizing Federal Funds must also follow the General Procurement Standards in the Code of Federal Regulations (CFR); Title 2:
Grants and Agreements section §200.317 through §200.327. These guidelines can be found at https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl; or contact Grants Manager for additional information (ext. 7410).
Grant Awards and Cooperative Agreements utilizing funds through Caltrans must follow the Local Assistance Procedures Manual (LAPM, particularly Chapters 5 and 16. These guidelines can be found at https://dot.ca.gov/programs/local-assistance/guidelines-and-procedures/localassistance-procedures-manual-lapm or contact Grants Manager for additional information.
Suspension and Debarment: ALL Federal Awards used to procure vendors, consultants, contractors, and subrecipients, providing goods or services to the city in excess of $25,000.00 must maintain evidence of vendor “Suspension and Debarment” verification through the “Systems for Awards Management (SAM). Print or save an electronic copy of verification through SAM.Gov or contact Grant Manager to assist in obtaining verification. This requirement must also be included in your Contract, Professional Services Agreement, or PO. (Refer to Purchasing Policy for boiler plate “Suspension and Debarment” language). Per Section 2 CFR §200.332.
Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms: to the extent possible, the city will assure that small, minority, and 1444
City of SLT Financial Policies – Grants 12 August 20254 women’s business enterprises are solicited when there are potential sources. Effective 10/1/24, “veteran-owned businesses” will be encouraged as well. When utilizing federal funds refer to CFR §200.321
4.3 COMPLIANCE STANDARDS
The City “shall at all time exercise responsibility over the implementation of the project” and is held liable for all provisions set forth in the agreement, as quoted from a current grant contract.
Therefore, it is imperative that all departments involved, as well as the Authorized Signatory, fully understand the conditions of the grant agreement and follow the compliance measures put into place. This will further ensure the integrity of the City’s commitment to the Grantor, help maintain audit compliance, and avoid grant fraud speculation.
Non- compliance; non-compliance findings can result in loss of final retention reimbursement, terminating the grant agreement, repayment of funds, suspension or debarment from receiving future grants, and/or implementation of grant special conditions.
Evidence that an organization has grossly misused funds or committed fraudulent activity, can result in civil actions against the City and/or City Officials and Personnel to include:
1. Recovery of funds up to triple damages
2. Criminal remedies including arrest
3. Prison sentences
4. Seizure of assets
5. Monetary fines.
Falsification of Documentation- Submitting fraudulent receipts, falsifying an application, or report will result in disciplinary action and may lead to termination of employment and/or criminal action. (See Fraud, Waste and Abuse policy)
The City of South Lake Tahoe reserves the right to deny request of reimbursement for expenses that are considered lavish, extravagant, or are unsupported by required documentation.
Unusual expenses incurred due to special circumstances must be approved by the City Manager and the granting agency, if those expenses do not violate Federal or State requirements.
5. GRANT ACCOUNTING
After award acceptance, the Grant Manager will maintain documentation and begin proper tracking and monitoring of the new grant. The Project Manager will monitor and manage the consultant and/or contractor contracts and track the project budget.
1. Grant funds should be appropriated into the city budget per City Council Resolution during grant acceptance process.
2. Grant Revenues will be identified in the City budget separately from other revenue sources, to adequately identify the source of funds per revenue account number. Expenditures will 1445
City of SLT Financial Policies – Grants 13 August 20254 be budgeted in the same project/program account to identify the application of funds in an appropriate expense account number.
3. Before initiating a contract, purchase order, agreement with a service provider, professional services agreement, or other expense; review the Grant Agreement for terms and conditions.
4. Compliance must be maintained with City policy, the Grant Award, and State and/or Federal Policies. Follow the most stringent procedures to ensure all compliances are being met.
5. Before entering into agreements with vendors or contractors, verify that the provider or business has a valid City Business License.
6. Staff and/or contractors, consultants or service providers utilizing grant funding must disclose all relevant conflict of interest or criminal violations in writing to the appropriate granting agency and follow the guidelines as outlined in the City Council adopted resolution #2016-69.
7. Grant expenditures must be expensed as detailed in the grant application, grant contract and as approved in the City Annual Budget.
8. Consultant/contractor/vendor invoices must be thoroughly reviewed by Project manager for compliance with City and Grant Procurement, Federal compliances and Public Contract Code prior to authorization for payment.
9. If conditions of the Grant Contract are not met; the Grantor is under no obligation to disburse funds or reimbursement.
10. ALL Federal Awards, Cooperative Agreements, or State Awards utilizing Federal Funds must follow the Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Chapter 1, Chapter 2, Part 200). These guidelines can be found at https://www.ecfr.gov/cgibin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.
5.1 MONITORING THE BUDGET
Funds must be spent in the manner approved by the Granting Agency and City Council. The Project Manager is responsible for:
1. Monitoring the project budget and city staff time budget.
2. Monitoring sub-contractors, sub-recipients, service providers.
3. Monitoring budgets for contractors, consultants, and professional service agreements.
4. Reviewing invoices for payment; specifying appropriate account numbers.
5. Timely submittal of invoices for payment ensuring adequate cash management.
The Grants Manager is responsible for:
1. Monitoring expenses after payment to ensure compliance between the grant budget and the City’s budget.
2. Preparing and submitting grant payment requests, managing receivables, and cash flow.
3. Preparing and/or reviewing Staff time, administration, and activity delivery.
4. Tracking expenses and revenues in accordance with Grant Contract.
5. Providing direct communication with granting agencies and city departments. 1446
City of SLT Financial Policies – Grants 14 August 20254 Adjustment between budgeted line items to the approved grant budget; must be approved by the Granting Agency in the manner stated in the Grant Agreement. Concurrently, the Department Director should request a budget adjustment via e-mail to the Finance Department.
Adding additional budget to an approved grant or reducing budget or scope via a Grant Amendment must follow procedures and request council approval accepting the additional funding and loading the budget or reducing the budget and accept reducing the scope of the project.
5.2 CASH MANAGMENT
To minimize time lapsing between outlay of city funds and receipt of grant funds, timely review, approval, and submittal of vendor invoices and grant reimbursement requests is imperative.
1. Invoices and receipts must be paid, with a check cut to the vendor prior to requesting reimbursement; therefore, timely submittal of invoices is required.
2. All work performed and items purchased within a fiscal year; must be paid within the fiscal year the work was performed (This is an audit requirement).
3. Provide a brief explanation/justification on the delay of pay requests for invoices submitted for payment 45 days or more beyond the date of the invoice; this will help provide information to auditor, or Grantor.
4. When submitting invoices (over $250,000) for payment, notify Accounts Payable and Grants Manager to manage bank balance cash flow and expedite grant reimbursement.
5.3 REIMBURSEMENT REQUESTS
Most grant reimbursements are submitted in arrears. The city must first expend the funds; pay the invoice and request reimbursement after payment has been finalized. Grant reimbursements will be requested in the manner set forth in the grant agreement and as frequent as permitted when expenditures dictate.
Grants Manager will be responsible for preparing the reimbursement request or reviewing the request before submitting to the Granting Agency. Invoices must be paid in a timely manner and distributed in the General Ledger prior to reimbursement requests.
Once the billing is complete, it will be submitted to the Authorized Signatory for review and approval.
This review enables an examination of expenditures, proper account numbers, staff time accuracy, and project deliverables.
After the billing is signed, the Grants Manager will submit as required in the Grant Agreement.
The revenue is entered into accounts receivable and tracked by the Grants Manager to ensure receipt.
5.4 STAFF TIME/ ADMINISTRATION
1447
City of SLT Financial Policies – Grants 15 August 20254 Follow grant guidelines in determining eligibility of charging staff time to the grant or using staff time as the City’s match or cost share. Employee rates provided should be directly from employee payroll at current actual hourly rates and remain in effect until such changes are submitted through a “change of status” to Human Resources, or a change to the employee “MOU” within the city. Grant timesheet template s (provided by Finance, Grant Manager) must be used when charging staff time to a grant.
The Grant timesheet must represent the actual hours worked in a pay period and account for the grant hours within that pay period.
Department Head and employee must approve the grant timesheets at the end of the pay period and submit the timesheets to the Grant Manager. Grant Manager will calculate the staff time directly from the pay period payroll documentation.
Compensation for personnel services on federal grants must be based on payroll documented through standard City policy and procedures. The consequences of noncompliance with employee time and effort certification may be the disallowance of such charges to the grant.
Federal grants require accounting for 100% of one’s time even if all of one’s time is not allocated to the grant project (2 CFR 200.430).
Wages of employees used in meeting cost sharing or matching requirements of federal awards must be supported in the same manner as those claimed as allowable costs under federal awards.
5.5 INTERNAL CONTROLS
Internal controls are the mechanisms, rules, and procedures implemented by the City and/or required by the Granting Agency to ensure the integrity of financial and accounting information, promote accountability, and prevent fraud.
The seven internal control procedures are separation of duties, access controls, physical audits, standardized documentation, trial balances, periodic reconciliations, and approval authority.
Expenditures
When an invoice is received for a grant funded project, the workflow for payment shall be as follows:
1. Reviewed by Project Manager and back-up documentation verified.
2. Approved by Department Head or Authorized Signatory per Procurement Policy.
3. Submitted to Accounts Payable for entry and procurement documentation verified.
4. Check Register is verified by the Finance Director.
5. Vendor checks are printed by Revenue Accountant, posting payment to General Ledger.
6. Checks are mailed by Revenue Technician.
7. GL detail is reviewed by Grants Manager for grant reimbursement preparation. 1448
City of SLT Financial Policies – Grants 16 August 20254
8. Grant Manager prepares reimbursement request according to grant budget and agreement. terms, as well as information provided from Project Manager below.
To assure the invoice gets paid from the proper grant and project; the Project Manager shall:
1. Determine available budget within vendor contract as well as city financial system
2. Ensure the expenses are allowable grant expenditures
3. Specify the grant name, agency, and grant number on the pay request or invoice
4. Specify whether the invoice is 100% reimbursable or what portion is reimbursable through which revenue sources assigned to project
5. Specify the amount and revenue source when splitting an invoice between multiple grants or revenue sources
6. Be specific when paying an invoice between multiple account numbers
7. Make a notation of the account number, name and grant number on the receipt of an expense being paid with a direct invoice or Cal Card
Information Technology (IT) Equipment
To maintain proper internal controls, and asset inventory; Any IT item requiring installation, support, or security evaluation, should be researched, vetted, PURCHASED, and inventoried by the IT Department. Under no circumstances should these items be purchased by departments other than IT.
Please Note: all employees utilizing any City information device, and/or employees utilizing grant funding, are required to complete Cybersecurity Trainings issued city-wide by the IT department. Employees who do not complete the trainings may be prohibited from using City Information Systems and Devices. In addition, all grant sub-recipients are required to include cybersecurity internal control measures to safeguard information in accordance with Section 2 CFR §200.303.
Consultant Invoices should include:
o Date of work performed/ period of performance
o Nature and scope of the service rendered during period of performance o Sufficient detail as to time expended on tasks performed (number of hours worked, hourly rate, travel costs, mileage rate as approved, etc.) o Subconsultant backup documentation should be included; invoices, hours worked/hourly rate, travel documentation, receipts, etc. o Fees for services rendered are allowable only when supported by evidence of the nature and amount of other expenses and in accordance with the executed PSA. o In-direct costs are only allowable up 10% de minimis, or a federally approved rate.
Consultant must provide documentation of approved rate if more than 10%. Please note, effective 10/1/2024 the de minimis rate is increased to 15%, which will be the allowable rate after 10/1/24 per Section 2 CFR§200.414 Signed, reviewed and approved by signature authority
1449
City of SLT Financial Policies – Grants 17 August 20254 PROHIBITED: mark-ups, bonus’s, commissions, incentives, gifts and entertainments costs, are all prohibited from being paid on consultant invoices.
Revenues
When a Reimbursement Request is submitted it is:
1. Prepared by Grants Manager after verifying account numbers, budgets, proper grant documentation, matching documentation and back up
2. Approved and signed by Authorized Signatory per grant Agreement
3. Submitted and entered into Accounts receivable by Grants Manager
4. Funds are received and deposited by Revenue Supervisor
5. Deposit is reviewed and reconciled into the GL System by Revenue Accountant Equipment and other Capital Expenditures
Equipment (Capital Expenditures) purchased with 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. Capital expenditures for special purpose equipment are allowable as direct costs, provided items with a unit cost of $105,000 or more have the prior written approval of the Federal awarding agency or pass-through entity. Effective 10/1/2024, rate is increased to $10,000, per Section 2 CFR §200.313.
2. Equipment must be used in the program or project for which it was acquired as long as needed, whether the project or program continues to be supported by the Federal award or not.
3. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, at a minimum, meet the following requirements:
Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.
A physical inventory of the property must be taken, and the results reconciled with the property records at least once every two years. Control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. Adequate maintenance procedures must be developed to keep the property in good condition.
1450
City of SLT Financial Policies – Grants 18 August 20254 If the City is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. See CFR §200.313 (e) Disposition, for guidelines.
6. POST AWARD
6.1 CLOSEOUT
After completion of all required performance period activities, the Administering Department and Finance shall perform grant closeout tasks in accordance with Federal CFR §200.343, or corresponding State regulations, and/or contractual requirements.
1. The Project Manager is responsible for final performance reports and programmatic reporting required by the terms and conditions of the award and shall provide copies to the Grants Manager in Finance
2. The Grants Manager is responsible for final financial reports and final reimbursement as required by the terms and conditions of the award
3. The Project Manager and Grant Manager are responsible for collecting and maintaining all appropriate back up documentation for performance, financial, and final reports
4. The Administering Department and Finance shall ensure that all financial activities are recorded, that revenues balance to expenditures, and that revenues and expenditures balance to budget figures
5. The Administering Department and Finance are responsible for ensuring their records retention follows the compliance in the grant award or at a minimum is held 5 years after final close date of award.
6.2 AUDIT
All Granting Agencies reserve the right to call for a program audit or a financial audit at any time between execution of the agreement and the completion or termination of the project.
All non-Federal entities that expend $750,000 ($1,000,000 effective 10/1/24) or more of Federal awards in a year are required to obtain an annual audit in accordance with the Single Audit Act Amendments of 1996, OMB Circular A-133, the OMB Circular Compliance Supplement and Government Auditing Standards. A single audit is intended to provide a cost-effective audit for non-Federal entities in that one audit is conducted in lieu of multiple audits of individual programs.
The City exceeds the $1,000,000 threshold and is subject to this required Audit annually.
Federal Single Audit Act and annual reporting requirements are contained in 2 CFR Part 200 Subpart F (200.5 Compliance and Audit Requirements.) It is important that all grant activity and any changes to the grant are well documented to facilitate any audit. Audit findings made during the audit are provided to the grantor, which could prompt an audit by the grantor.
The following activities are the fourteen types of compliance requirements considered in every audit conducted under 2 CFR Part 200 Subpart F, and many are described throughout this policy:
1451
City of SLT Financial Policies – Grants 19 August 20254
1. Activities: Allowed or Unallowable
2. Allowable Costs/Cost Principles
3. Cash Management
4. Compliance with Terms & Conditions (e.g. Davis-Bacon Act)
5. Eligibility
6. Equipment and Real Property Management
7. Matching, Level of Effort, Earmarking
8. Period of Availability of Federal Funds
9. Procurement, Suspension and Debarment
10. Program Income
11. Real Property Acquisition and Relocation Assistance
12. Reporting
13. Subrecipient Monitoring
14. Special Tests and Provisions
The Administering Department and Finance are responsible for ensuring their records are maintained in accordance with applicable City policy, State law, and Federal regulations and maintain compliance with Federal Code 2 CFR Part 200.
Project Manager is responsible to providefor providing all programmatic and procurement documentation requested by a Granting Agency or Auditor Grant Manager is responsible to providefor providing all fiscal documentation requested by a Granting Agency or Auditor
Complete and proper documentation is instrumental to a smooth and successful audit; which reflects positively on the City, and in turn increases the chance for future successful grant applications.
1452
City of SLT Financial Policies – Grants 1 August 2025
FINANCIAL MANAGEMENT
GRANT FUNDING AND COMPLIANCE POLICY
The purpose of this document is to establish uniform guidelines for oversight of the City of South Lake Tahoe in the pursuit of grant-related revenue. Adherence to the following policies and procedures promote increased efficiency, transparency, accountability to ethical standards, and a strategic approach to funding opportunities, which enable the City to be competitive in securing grant funding. All City personnel utilizing or seeking Grant funding for City business purposes are responsible for knowing and following this policy.
Table of Contents
1. General Standards ......................................................................................................................... 2 Conflicts of Interest.......................................................................................................................... 2 Code of Ethics .................................................................................................................................. 3 Fraud, Waste, and Abuse ................................................................................................................ 3 Reporting Hotline ............................................................................................................................ 4 Disciplinary Action ......................................................................................................................... 4
2. Grant Application .......................................................................................................................... 4
2.1 Grant Planning and Opportunities.............................................................................................. 4
2.2 Determining Eligibility .............................................................................................................. 5
2.3 City Council Approval to Apply ................................................................................................ 5
2.4 Submitting Grant Application .................................................................................................... 6
3. Grant Acceptance ............................................................................................................................ 6
3.1 Approval Process ....................................................................................................................... 6
3.2 City Council Approval to Accept Award ................................................................................... 6
3.3 Budget Appropriation ................................................................................................................ 7
3.4 Execution of Award ................................................................................................................... 7
4. Grant Management and Compliance ............................................................................................. 8
4.1 Roles and Responsibilities ......................................................................................................... 8
4.2 Grant Procurement ................................................................................................................... 10
4.3 Compliance Standards ............................................................................................................. 10
5. Grant Accounting .......................................................................................................................... 11
5.1 Monitoring the Budget ............................................................................................................. 12
5.2 Cash Management ............................................................................................................... 12-13
5.3 Reimbursement Requests ......................................................................................................... 13
5.4 Staff Time/ Administration ...................................................................................................... 13
5.5 Internal Controls ...................................................................................................................... 14 Information Technology (IT Equipment) ................................................................................ 15 Equipment and Capital Expenditures ........................................................................................ 16
6. Post Award ................................................................................................................................... 16
6.1 Close-out .................................................................................................................................. 16
6.2 Audit ................................................................................................................................... 17-18 1453
City of SLT Financial Policies – Grants 2 August 2025
1. GENERAL STANDARDS
Grant funding allows the City to supplement local public funds to increase the efficiency and impact of programs, projects, and services provided to the community; therefore, the effect of grant funding and the process that governs it is significant.
Grants are not "free money". A grant is a financial award provided by a federal, state, local government, or other organization to fund specific, beneficial, goals, objectives, and/or legislative initiatives through legal, contractual, and binding grant agreements. Because government grants are funded by tax dollars, they include stringent compliance and reporting measures to ensure the money is well-spent. Careful consideration and analysis should be given prior to applying or accepting these funds.
This policy describes the City’s grant management and administration procedures and intends to do the following:
• Promote the use of best practices
• Promote sound financial management
• Promote efficiency and effectiveness in grant funded projects and programs • Ensures the grant related activity is consistent with City’s strategic priorities • Ensures the integrity of the City’s good standing among granting agencies • Ensures accountability for financial and programmatic elements of grant administration and management
Adoption and Implementation: The City Council is responsible for adopting the City's Grant Funding and Compliance 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 Grant applications, contracts, expenditures, revenues, and grant compliances are public records and may be subject to disclosure under the California Public Records Act (Government Code §6250-6270).
Conflicts of Interest: An 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 personal profit or gain is realized or that is actually or potentially adverse to the best interests of the City.
Conflicts of interest and the appearance of a conflict of interest can damage the reputation, credibility, and trust of the City. These situations may involve ethical, legal, or other issues and City officials and employees should be diligent in the identification of potential conflicts when working in any capacity with proposed or funded grant activity involving the City. 1454
City of SLT Financial Policies – Grants 3 August 2025
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 design, conduct, or reporting of a city grant funded project.
It shall be the responsibility of the Grants Project Manager for each grant funded project, to ensure in the use of project funds, officials or employees of the City and nongovernmental recipients or sub‐recipients 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 grant funded program • Or any other Conflict of Interest outlined per the specific grant agency Code of Ethics: Public employees and officials shall act in good faith to perform their duties ensuring fair and equitable processes in grant application, award, and compliance to foster public confidence in the integrity of the grant process. When engaging in grant activity, any person employed by the City of South Lake Tahoe, agencies, and/or subrecipients providing grant activity 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 grant laws, compliances, 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 grant partners, vendor, contractors which may influence or appear to influence grant decisions or reimbursements.
6. Ensure that all persons are afforded equal opportunity to compete in a fair and open environment.
7. Encourage any person, including any partner, subrecipient, prospective bidder, vendor, contractor, or business to act in good faith ensuring grant funds are used effectively and responsibly.
Fraud, Waste, and Abuse: The City of South Lake Tahoe is dedicated to safeguarding its revenue, property, information, and other assets from any deceitful attempts by members of the public, recipients of city funds, contractors, vendors, agents, employees, and city officials to gain unauthorized benefits. All employees and city officials are responsible for the detection, reporting and prevention of fraud, misappropriations and other misuse. Accordingly, it is the policy of the City to identify and promptly investigate any possibility of fraudulent or related dishonest activities against the City and, when appropriate, pursue legal remedies available under the law. Additional information, examples, procedures, and disciplinary actions can be found in the City’s Financial Policies, Fraud, Waste, and Abuse Policy approved by City Council in August 2025. 1455
City of SLT Financial Policies – Grants 4 August 2025
Reporting Hotline: Employees can report complaints, suspicions, or violations of any code of conduct policy, directly to their Supervisor, Department Head, Human Resources, or they can report via the city Hotline. The Hotline is available 24 hours per day and can be anonymous, or the employees can identify themselves. The Hotline number is (800) 576-5262; South Lake Tahoe organization code is 10060.
Disciplinary Actions for Policy Violations: City employees shall abide by and be accountable for the compliances, and conduct established in this policy. These policies are in accordance with Government Standards in the Code of Federal Regulations §2CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as well as Government Accounting Standards. Policy violations may result in disciplinary actions in accordance with the city’s established procedures, consistent with state law and may include, but are not limited to:
1. Disciplinary action, up to and including termination of employment
2. Restitution for all losses, including investigation and legal expenses
3. Forwarding information to the appropriate authorities for criminal prosecution
4. Institution of civil action recover losses
Employees and City Officials are responsible for exercising good judgment in applying, approving, requesting, managing and administering grant funds. Accordingly, the basic standard should prevail to provide prudent stewardship of public funds, the City's resources, and granting agency compliance.
2. GRANT APPLICATION
2.1 GRANT PLANNING AND OPPORTUNITIES
Each respective department within the City may research and identify grant opportunities to facilitate City Council’s strategic goals, objectives, and initiatives as well as department work plans, to provide supplemental or alternative funding sources to public projects, capital expenditures, or operating programs and expenses.
Once grant opportunities are identified, employees are responsible for obtaining approval from their Department Head to pursue review of such funding. Gathering information beforehand will help ensure success in meeting a tight deadline. Coordination with the Principal Management Analyst, serving as Grants Manager is encouraged to facilitate the process. Necessary components in pursuit of a competitive grant application are:
1. A list of approved projects/programs meeting the needs of the Department as well as City Council priorities (ex. CIP, Master Plans, EIP, Community Plans etc.).
2. Project/program descriptions, goals and objectives.
3. Project timelines, estimated costs, project budgets.
4. Matching fund contribution and fiscal impacts.
1456
City of SLT Financial Policies – Grants 5 August 2025
2.2 DETERMING ELIGIBILITY
To determine eligibility for grant funding;
1. Review grant guidelines, specifications, and requirements
2. Coordinate with key personnel for staff and departmental impacts as well as Finance to access fiscal impact
3. Applications should be evaluated for administrative burden, compliance cost, city match requirements, long term costs, and operation and maintenance costs
4. In the event the cost to the City exceeds the amount received from the grant, the Department should seek approval from Finance as well as the City Manager to pursue the grant further
5. Department Head shall assign a Project Manager to manage the grant project, program, and department grant compliances
6. If an outside consultant is hired to assist with grant writing or project management; the Director will assign a staff member responsible for overseeing the consultant contract and ensuring grant compliance
2.3 CITY COUNCIL APPROVAL TO APPLY
City Council approval to submit an application is required for ALL Grant Applications. A detailed staff report, and a resolution (if required) should be brought forth to City Council for Council approval/adoption. The staff report should include the following information:
1. Project and grant details
2. Budget summary
3. Administration requirements and funding source
4. Match requirements
5. Compliance requirements
6. Grantee responsibilities
7. Maintenance and operations requirements
8. Long-term costs including staffing needs after the expiration of the grant Background: should summarize and detail the need for the project or program and which priorities will be met. Provide grant agency information.
Issue and Discussion: should summarize the proposed project or program, including all departmental impacts, goals and objectives and benefits or impacts to the City.
Financial Implications: should detail all fiscal impacts, long-term costs, matching contributions, operation and maintenance costs, budget availability or budget constraints.
In the event the application deadline does not allow the necessary lead time for City Council approval; and prior Council approval is not a requirement of the application; the Department Director should ensure the approval of the City Manager prior to submitting the application and will bring the item before council to the next appropriate meeting for ratification. 1457
City of SLT Financial Policies – Grants 6 August 2025
2.4 SUBMITTING GRANT APPLICATION
Following City Council approval, a completed grant proposal may be submitted by the department overseeing the project or program. The Project Manager and/or Grants Manager will follow the grant guidelines, and requirements to review and submit a complete and competitive grant proposal.
Budget Summary: When determining the budget for the grant application all of the project expenses must be included in the application. This includes:
1. Total cost of the project
2. Project management and oversight, staff time, administration
3. Expenses that arise as a result of your project
4. City share of costs where applicable
5. Operation and maintenance, long-term or ongoing costs
3. GRANT ACCEPTANCE
3.1 APPROVAL PROCESS
Upon Grant approval the Department will receive a grant award letter from the funding agency detailing the measures necessary to accept the award. The city should also receive a finalized grant award contract which will become a binding agreement. The grant contract and all compliance measures should be reviewed by the Grants Manager, Project Manager, and the Department Director. Grant Manager reviews the grant contract to ensure ability to maintain compliance, and the Director will ensure the department’s capability to comply with the contract and will make the appropriate recommendation to City Manager and City Council.
The Department cannot move forward with the Approval Process until a Grant Award Contract is received. An award letter or email notification does not constitute a contract.
3.2 CITY COUNCIL APPROVAL TO ACCEPT AWARD
The final step in the approval process is taking the awarded grant contract and funding acceptance, to City Council for approval and budget appropriation. Staff report should include:
1. Details of the grant contract, project/program and all compliance required.
2. Acceptance of the grant award, as well as the details necessary to appropriate the grant funding into the City’s Budget. The appropriated budget must match the approved budget in the grant award.
3. Anticipated revenues, along with balanced expenditures associated with account numbers, must be outlined in detail in the staff report and resolution. (Expenditures cannot exceed revenues).
4. All pertinent documentation should be attached, including the grant award contract. 1458
City of SLT Financial Policies – Grants 7 August 2025
5. If no Grant Award Contract is attached to the Staff Report and Resolution, the grant cannot be accepted, and budget cannot be appropriated.
Provide a copy of the signed Council Resolution, and the executed Grant Contract to the Grant Manager to ensure the funds are appropriated into the budget, and tracking procedures can begin.
3.3 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.
4. Do not proceed with any grant purchase, contract, loan, or grant expenditure until City Council has approved through resolution, the appropriation of grant funds into the current fiscal year budget.
3.4 EXECUTION OF AWARD
The Grant Contract is fully executed, and the funds can be spent when the following steps are complete:
1. Granting Agency signs the grant contract and specifies the dates of the “term of the agreement”
2. Grant Contract has been approved through City Council
3. City’s Authorized Signatory signs the grant contract
4. Grant revenues and expenses have been loaded into the appropriate account within the City’s Budget
Grant funding cannot be spent prior to approvals and a grant award contract is received from the Granting Agency. The Granting Agency typically sends the Department the original, signed, and fully executed, Grant Agreement. The Department will forward the original copy to the City Clerk as well as a copy to the Grant Manager. A copy needs to be kept within the department in a centralized file for future reference.
Authorized Signatory Responsibility: All Grant applications require an Authorized Signatory on behalf of the City. The Authorized Signatory is usually the Mayor, City Manager, or the Department Director. The signature legally binds the City to all terms and conditions within the grant agreement regardless of whether the city is the main beneficiary of the funding; the city has 1459
City of SLT Financial Policies – Grants 8 August 2025
applied on behalf of another agency for pass through funding; or the city has hired an outside agency to oversee and manage the project.
4. GRANT MANAGEMENT AND COMPLIANCE
4.1 ROLES AND RESPONSIBILITY
The following shall describe the parties responsible for activities surrounding the submittal, implementation, maintenance, reporting and other related duties for grant funded projects by or on behalf of the City of South Lake Tahoe. The full development of a project or program requires assistance and support from all affected departments.
Financial Services Department
The Principal Management Analyst in Finance will serve as the Grants Manager and is the primary person responsible for providing city‐wide coordination and monitoring of grants. This individual is responsible for ensuring the City’s grants management and compliance program is current and effectively fulfills the compliance requirements of the City’s policies and external granting agencies and is available for assistance and guidance for a successful proposal.
The Grants Manager is responsible for:
1. Researching grant opportunities and notifying departments of such opportunities.
2. Acting as a liaison between departments and funding agency personnel.
3. Assisting staff, adhering to grant guidelines, policies, and deadlines.
4. Assisting departments with City Council agenda items regarding applying for grants, accepting awards, and appropriating the grant budgets and/or reviewing agenda items related to grants prior to submission.
5. Receiving a copy of the grant award and maintaining a grant file; tracking grant activity at all stages of the grant cycle. Maintain master files of “open” and “closed” grants in accordance with retention requirements.
6. Developing and conducting grants administration training and assistance to staff pertaining to grant management and compliance.
7. Ensuring department’s track and report programmatic and financial grant activity in a timely manner in accordance with grant agreement, providing the proper account codes as budgeted.
8. Coordinating with Department Head, Project Manager and Finance personnel to gather all information required to meet grant funding requirements, including contracts, professional agreements, and proper invoicing from vendors.
9. Preparing and submitting grant reimbursement requests, financial reports, and final financial reconciliation and closing reports.
10. Monitoring and tracking cash flow and accounts receivable.
11. Preparing Schedule of Expenditures of Federal Award for the Single-Audit requirement.
12. Acts as a liaison between auditors, granting agency, and department personnel. 1460
City of SLT Financial Policies – Grants 9 August 2025
City Departments
The Department Director is responsible for programmatic and fiscal responsibilities for the designated department. This individual ensures adequate staff and infrastructure are provided for the appropriate performance of grant award management and provides oversight of staff identified as key personnel on grant awards.
Department Director is responsible for:
1. Ensuring adequate management of programmatic and fiscal aspects of the grant awards.
2. Assigning staff to adequately manage the grant awards.
3. Managing general departmental-level support activities related to grants management.
4. Approving submittals and proposed programmatic and fiscal changes to the grant.
5. Reviewing budget amendment requests if they affect commitments by the department.
6. Ensuring cost sharing dollars are available and the budget is adequate relative to the project scope and its justification is appropriate.
The Department Project Manager is the primary person responsible for the programmatic activities on a project/grant. Although some tasks may be delegated, the Project Manager is the chief accountable person and bears responsibility for the overall administrative and fiscal conduct of the grant project, for meeting the terms and conditions of the grant award, and for representing the project to the granting agency.
The Project Manager is responsible for:
1. Preparing the grant proposal, with an emphasis on the technical details, scope of work and budgetary components; coordinate with Grants Manager for fiscal impact and assistance.
2. Forwarding all grant agreements and documentation to the Grants Manager for review prior to execution by the proper City officials; prepare City Council agenda items, staff reports, resolution, and requesting budget be established and approved prior to incurring expenditures.
3. Modify and monitor the project budget, scope of work, and ensuring the appropriate charging of expenditures to the project in compliance with grant award.
4. Appropriately managing the programmatic aspects of the project, monitoring expenditures to ensure grant funds are spent in accordance with the approved budget.
5. Approving all grant expenditures and payment request, utilizing appropriate account numbers and ensuring budget. Submit to Department Director for approval.
6. Working with the Grants Manager to ensure the completeness, accuracy, and timeliness of programmatic and financial reports submitted to the granting agency.
7. Prepares project reporting, progress reports, final reports, monitoring reports.
8. Ensures Finance Department receives copies of pertinent information, documentation, reports or correspondence with the granting agency.
9. Ensuring contractors, subcontractors, consultants have complied with the appropriate work in a timely manner and in accordance with technical, financial, and other requirements of the award, as well as reviewing their invoices for accuracy and grant compliance.
10. Adhering to the terms of the grant agreement and policies and notifying the Grants Manager if changes are needed.
11. Follows State, Federal and City procurement, and contract policies in the utilization of grant funding.
1461
City of SLT Financial Policies – Grants 10 August 2025
12. Complying with Single Audit Act requirements; providing documentation for audit requests; and adhering to audit recommendations.
4.2 GRANT PROCUREMENT
The purchase of goods, materials, supplies, equipment, services, and non-public contracts must follow the City Procurement Policies and Procedures as well as the City’s Purchasing Ordinance (SLTCC § 3.45) adopted by City Council. Public Contracts and Public Projects must adhere to Public Contracts and the Uniform Public Construction Cost Accounting Act as adopted by City Council (SLTCC § 3.45 Article II).
Federal Awards, Cooperative Agreements, or State Awards utilizing Federal Funds must also follow the General Procurement Standards in the Code of Federal Regulations (CFR); Title 2:
Grants and Agreements section §200.317 through §200.327. These guidelines can be found at https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl; or contact Grants Manager for additional information (ext. 7410).
Grant Awards and Cooperative Agreements utilizing funds through Caltrans must follow the Local Assistance Procedures Manual (LAPM, particularly Chapters 5 and 16. These guidelines can be found at https://dot.ca.gov/programs/local-assistance/guidelines-and-procedures/localassistance-procedures-manual-lapm or contact Grants Manager for additional information.
Suspension and Debarment: ALL Federal Awards used to procure vendors, consultants, contractors, and subrecipients, providing goods or services to the city in excess of $25,000.00 must maintain evidence of vendor “Suspension and Debarment” verification through the “Systems for Awards Management (SAM). Print or save an electronic copy of verification through SAM.Gov or contact Grant Manager to assist in obtaining verification. This requirement must also be included in your Contract, Professional Services Agreement, or PO. (Refer to Purchasing Policy for boiler plate “Suspension and Debarment” language). Per Section 2 CFR §200.332.
Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms: to the extent possible, the city will assure that small, minority, and women’s business enterprises are solicited when there are potential sources. Effective 10/1/24, “veteran-owned businesses” will be encouraged as well. When utilizing federal funds refer to CFR §200.321
4.3 COMPLIANCE STANDARDS
The City “shall at all time exercise responsibility over the implementation of the project” and is held liable for all provisions set forth in the agreement, as quoted from a current grant contract.
Therefore, it is imperative that all departments involved, as well as the Authorized Signatory, fully understand the conditions of the grant agreement and follow the compliance measures put into place. This will further ensure the integrity of the City’s commitment to the Grantor, help maintain audit compliance, and avoid grant fraud speculation.
1462
City of SLT Financial Policies – Grants 11 August 2025
Non- compliance; non-compliance findings can result in loss of final retention reimbursement, terminating the grant agreement, repayment of funds, suspension or debarment from receiving future grants, and/or implementation of grant special conditions.
Evidence that an organization has grossly misused funds or committed fraudulent activity, can result in civil actions against the City and/or City Officials and Personnel to include:
1. Recovery of funds up to triple damages
2. Criminal remedies including arrest
3. Prison sentences
4. Seizure of assets
5. Monetary fines.
Falsification of Documentation- Submitting fraudulent receipts, falsifying an application, or report will result in disciplinary action and may lead to termination of employment and/or criminal action. (Reference Fraud, Waste, and Abuse policy)
The City of South Lake Tahoe reserves the right to deny request of reimbursement for expenses that are considered lavish, extravagant, or are unsupported by required documentation.
Unusual expenses incurred due to special circumstances must be approved by the City Manager and the granting agency, if those expenses do not violate Federal or State requirements.
5. GRANT ACCOUNTING
After award acceptance, the Grant Manager will maintain documentation and begin proper tracking and monitoring of the new grant. The Project Manager will monitor and manage the consultant and/or contractor contracts and track the project budget.
1. Grant funds should be appropriated into the city budget per City Council Resolution during grant acceptance process.
2. Grant Revenues will be identified in the City budget separately from other revenue sources, to adequately identify the source of funds per revenue account number. Expenditures will be budgeted in the same project/program account to identify the application of funds in an appropriate expense account number.
3. Before initiating a contract, purchase order, agreement with a service provider, professional services agreement, or other expense; review the Grant Agreement for terms and conditions.
4. Compliance must be maintained with City policy, the Grant Award, and State and/or Federal Policies. Follow the most stringent procedures to ensure all compliances are being met.
5. Before entering into agreements with vendors or contractors, verify that the provider or business has a valid City Business License.
6. Staff and/or contractors, consultants or service providers utilizing grant funding must disclose all relevant conflict of interest or criminal violations in writing to the appropriate granting agency and follow the guidelines as outlined in the City Council adopted resolution #2016-69.
1463
City of SLT Financial Policies – Grants 12 August 2025
7. Grant expenditures must be expensed as detailed in the grant application, grant contract and as approved in the City Annual Budget.
8. Consultant/contractor/vendor invoices must be thoroughly reviewed by Project manager for compliance with City and Grant Procurement, Federal compliances and Public Contract Code prior to authorization for payment.
9. If conditions of the Grant Contract are not met; the Grantor is under no obligation to disburse funds or reimbursement.
10. ALL Federal Awards, Cooperative Agreements, or State Awards utilizing Federal Funds must follow the Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Chapter 1, Chapter 2, Part 200). These guidelines can be found at https://www.ecfr.gov/cgibin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.
5.1 MONITORING THE BUDGET
Funds must be spent in the manner approved by the Granting Agency and City Council. The Project Manager is responsible for:
1. Monitoring the project budget and city staff time budget.
2. Monitoring sub-contractors, sub-recipients, service providers.
3. Monitoring budgets for contractors, consultants, and professional service agreements.
4. Reviewing invoices for payment; specifying appropriate account numbers.
5. Timely submittal of invoices for payment ensuring adequate cash management.
The Grants Manager is responsible for:
1. Monitoring expenses after payment to ensure compliance between the grant budget and the City’s budget.
2. Preparing and submitting grant payment requests, managing receivables, and cash flow.
3. Preparing and/or reviewing Staff time, administration, and activity delivery.
4. Tracking expenses and revenues in accordance with Grant Contract.
5. Providing direct communication with granting agencies and city departments.
Adjustment between budgeted line items to the approved grant budget; must be approved by the Granting Agency in the manner stated in the Grant Agreement. Concurrently, the Department Director should request a budget adjustment via e-mail to the Finance Department.
Adding additional budget to an approved grant or reducing budget or scope via a Grant Amendment must follow procedures and request council approval accepting the additional funding and loading the budget or reducing the budget and accept reducing the scope of the project.
5.2 CASH MANAGMENT
To minimize time lapsing between outlay of city funds and receipt of grant funds, timely review, approval, and submittal of vendor invoices and grant reimbursement requests is imperative. 1464
City of SLT Financial Policies – Grants 13 August 2025
1. Invoices and receipts must be paid, with a check cut to the vendor prior to requesting reimbursement; therefore, timely submittal of invoices is required.
2. All work performed and items purchased within a fiscal year; must be paid within the fiscal year the work was performed (This is an audit requirement).
3. Provide a brief explanation/justification on the delay of pay requests for invoices submitted for payment 45 days or more beyond the date of the invoice; this will help provide information to auditor, or Grantor.
4. When submitting invoices (over $250,000) for payment, notify Accounts Payable and Grants Manager to manage bank balance cash flow and expedite grant reimbursement.
5.3 REIMBURSEMENT REQUESTS
Most grant reimbursements are submitted in arrears. The city must first expend the funds; pay the invoice and request reimbursement after payment has been finalized. Grant reimbursements will be requested in the manner set forth in the grant agreement and as frequent as permitted when expenditures dictate.
• Grants Manager will be responsible for preparing the reimbursement request or reviewing the request before submitting to the Granting Agency. • Invoices must be paid in a timely manner and distributed in the General Ledger prior to reimbursement requests.
• Once the billing is complete, it will be submitted to the Authorized Signatory for review and approval.
• This review enables an examination of expenditures, proper account numbers, staff time accuracy, and project deliverables.
• After the billing is signed, the Grants Manager will submit as required in the Grant Agreement.
• The revenue is entered into accounts receivable and tracked by the Grants Manager to ensure receipt.
5.4 STAFF TIME/ ADMINISTRATION
Follow grant guidelines in determining eligibility of charging staff time to the grant or using staff time as the City’s match or cost share. Employee rates provided should be directly from employee payroll at current actual hourly rates and remain in effect until such changes are submitted through a “change of status” to Human Resources, or a change to the employee “MOU” within the city. • Grant timesheet template (provided by Finance, Grant Manager) must be used when charging staff time to a grant.
• The Grant timesheet must represent the actual hours worked in a pay period and account for the grant hours within that pay period.
• Department Head and employee must approve the grant timesheets at the end of the pay period and submit the timesheets to the Grant Manager. • Grant Manager will calculate the staff time directly from the pay period payroll documentation.
1465
City of SLT Financial Policies – Grants 14 August 2025
• Compensation for personnel services on federal grants must be based on payroll documented through standard City policy and procedures. The consequences of noncompliance with employee time and effort certification may be the disallowance of such charges to the grant.
• Federal grants require accounting for 100% of one’s time even if all of one’s time is not allocated to the grant project (2 CFR 200.430).
• Wages of employees used in meeting cost sharing or matching requirements of federal awards must be supported in the same manner as those claimed as allowable costs under federal awards.
5.5 INTERNAL CONTROLS
Internal controls are the mechanisms, rules, and procedures implemented by the City and/or required by the Granting Agency to ensure the integrity of financial and accounting information, promote accountability, and prevent fraud.
The seven internal control procedures are separation of duties, access controls, physical audits, standardized documentation, trial balances, periodic reconciliations, and approval authority.
Expenditures
When an invoice is received for a grant funded project, the workflow for payment shall be as follows:
1. Reviewed by Project Manager and back-up documentation verified.
2. Approved by Department Head or Authorized Signatory per Procurement Policy.
3. Submitted to Accounts Payable for entry and procurement documentation verified.
4. Check Register is verified by the Finance Director.
5. Vendor checks are printed by Revenue Accountant, posting payment to General Ledger.
6. Checks are mailed by Revenue Technician.
7. GL detail is reviewed by Grants Manager for grant reimbursement preparation.
8. Grant Manager prepares reimbursement request according to grant budget and agreement. terms, as well as information provided from Project Manager below.
To assure the invoice gets paid from the proper grant and project; the Project Manager shall:
1. Determine available budget within vendor contract as well as city financial system
2. Ensure the expenses are allowable grant expenditures
3. Specify the grant name, agency, and grant number on the pay request or invoice
4. Specify whether the invoice is 100% reimbursable or what portion is reimbursable through which revenue sources assigned to project
5. Specify the amount and revenue source when splitting an invoice between multiple grants or revenue sources
6. Be specific when paying an invoice between multiple account numbers 1466
City of SLT Financial Policies – Grants 15 August 2025
7. Make a notation of the account number, name and grant number on the receipt of an expense being paid with a direct invoice or Cal Card
Information Technology (IT) Equipment
To maintain proper internal controls, and asset inventory; Any IT item requiring installation, support, or security evaluation, should be researched, vetted, PURCHASED, and inventoried by the IT Department. Under no circumstances should these items be purchased by departments other than IT.
• Please Note: all employees utilizing any City information device, and/or employees utilizing grant funding, are required to complete Cybersecurity Trainings issued city-wide by the IT department. Employees who do not complete the trainings may be prohibited from using City Information Systems and Devices. In addition, all grant sub-recipients are required to include cybersecurity internal control measures to safeguard information in accordance with Section 2 CFR §200.303.
Consultant Invoices should include:
o Date of work performed/ period of performance
o Nature and scope of the service rendered during period of performance o Sufficient detail as to time expended on tasks performed (number of hours worked, hourly rate, travel costs, mileage rate as approved, etc.) o Subconsultant backup documentation should be included; invoices, hours worked/hourly rate, travel documentation, receipts, etc. o Fees for services rendered are allowable only when supported by evidence of the nature and amount of other expenses and in accordance with the executed PSA. o In-direct costs are only allowable up 10% de minimis, or a federally approved rate.
Consultant must provide documentation of approved rate if more than 10%. Please note, effective 10/1/2024 the de minimis rate is increased to 15%, which will be the allowable rate after 10/1/24 per Section 2 CFR§200.414 Signed, reviewed and approved by signature authority
• PROHIBITED: mark-ups, bonus’s, commissions, incentives, gifts and entertainments costs, are all prohibited from being paid on consultant invoices.
Revenues
When a Reimbursement Request is submitted it is:
1. Prepared by Grants Manager after verifying account numbers, budgets, proper grant documentation, matching documentation and back up
2. Approved and signed by Authorized Signatory per grant Agreement
3. Submitted and entered into Accounts receivable by Grants Manager
4. Funds are received and deposited by Revenue Supervisor
5. Deposit is reviewed and reconciled into the GL System by Revenue Accountant 1467
City of SLT Financial Policies – Grants 16 August 2025
Equipment and other Capital Expenditures
Equipment (Capital Expenditures) purchased with 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. Capital expenditures for special purpose equipment are allowable as direct costs, provided items with a unit cost of $10,000 or more have the prior written approval of the Federal awarding agency or pass-through entity per Section 2 CFR §200.313.
2. Equipment must be used in the program or project for which it was acquired as long as needed, whether the project or program continues to be supported by the Federal award or not.
3. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, at a minimum, meet the following requirements:
• Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.
• A physical inventory of the property must be taken, and the results reconciled with the property records at least once every two years. • Control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. • Adequate maintenance procedures must be developed to keep the property in good condition.
• If the City is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. See CFR §200.313 (e) Disposition, for guidelines.
6. POST AWARD
6.1 CLOSEOUT
After completion of all required performance period activities, the Administering Department and Finance shall perform grant closeout tasks in accordance with Federal CFR §200.343, or corresponding State regulations, and/or contractual requirements.
1. The Project Manager is responsible for final performance reports and programmatic reporting required by the terms and conditions of the award and shall provide copies to the Grants Manager in Finance
2. The Grants Manager is responsible for final financial reports and final reimbursement as required by the terms and conditions of the award
1468
City of SLT Financial Policies – Grants 17 August 2025
3. The Project Manager and Grant Manager are responsible for collecting and maintaining all appropriate back up documentation for performance, financial, and final reports
4. The Administering Department and Finance shall ensure that all financial activities are recorded, that revenues balance to expenditures, and that revenues and expenditures balance to budget figures
5. The Administering Department and Finance are responsible for ensuring their records retention follows the compliance in the grant award or at a minimum is held 5 years after final close date of award.
6.2 AUDIT
All Granting Agencies reserve the right to call for a program audit or a financial audit at any time between execution of the agreement and the completion or termination of the project.
All non-Federal entities that expend $1,000,000 or more of Federal awards in a year are required to obtain an annual audit in accordance with the Single Audit Act Amendments of 1996, OMB Circular A-133, the OMB Circular Compliance Supplement and Government Auditing Standards.
A single audit is intended to provide a cost-effective audit for non-Federal entities in that one audit is conducted in lieu of multiple audits of individual programs. The City exceeds the $1,000,000 threshold and is subject to this required Audit annually.
Federal Single Audit Act and annual reporting requirements are contained in 2 CFR Part 200 Subpart F (200.5 Compliance and Audit Requirements.) It is important that all grant activity and any changes to the grant are well documented to facilitate any audit. Audit findings made during the audit are provided to the grantor, which could prompt an audit by the grantor.
The following activities are the fourteen types of compliance requirements considered in every audit conducted under 2 CFR Part 200 Subpart F, and many are described throughout this policy:
1. Activities: Allowed or Unallowable
2. Allowable Costs/Cost Principles
3. Cash Management
4. Compliance with Terms & Conditions (e.g. Davis-Bacon Act)
5. Eligibility
6. Equipment and Real Property Management
7. Matching, Level of Effort, Earmarking
8. Period of Availability of Federal Funds
9. Procurement, Suspension and Debarment
10. Program Income
11. Real Property Acquisition and Relocation Assistance
12. Reporting
13. Subrecipient Monitoring
14. Special Tests and Provisions
1469
City of SLT Financial Policies – Grants 18 August 2025
The Administering Department and Finance are responsible for ensuring their records are maintained in accordance with applicable City policy, State law, and Federal regulations and maintain compliance with Federal Code 2 CFR Part 200.
• Project Manager is responsible for providing all programmatic and procurement documentation requested by a Granting Agency or Auditor • Grant Manager is responsible for providing all fiscal documentation requested by a Granting Agency or Auditor
Complete and proper documentation is instrumental to a smooth and successful audit; which reflects positively on the City, and in turn increases the chance for future successful grant applications.
1470
City of SLT Financial Policies – Preserving Capital Investments 1 Rev. August 20254 Financial Policies:
Preserving Capital Investments - Fixed Assets
Capitalization and Inventory Control Policy
The City invests in capital assets such as property, plant, equipment, facilities and infrastructure. Preservation of such investments through regular maintenance and a long-term renovation plan is necessary to preserve the value of such capital investments. The City must also plan for the replacement of capital investments (particularly vehicles and equipment). The following policy requirements are intended to ensure the proper accounting and preservation of capital investments; and to provide a sound economic base for their replacement.
1. The budget should provide sufficient funding for adequate maintenance, renovation and the orderly replacement of capital assets such as equipment, fleet, facilities, streets and parks.
2. All capital assets should be maintained at a level that protects capital investment and minimizes future maintenance and replacement costs.
3. A five-year schedule of equipment replacement and maintenance needs, as well as facilities, streets and parks renovation and maintenance needs should be prepared on an annual basis. Expenditures consistent with such plans shall be included in annual budget appropriations.
A. Capital Assets Definition, Classes, and Capitalization Thresholds The City defines capital assets as any assets used in operations with an estimated useful life in excess of three years that have a value equal to or greater than the capitalization threshold for their respective asset class.
The Asset Classes and Capitalization Thresholds have been established as follows:
Asset Class Threshold
Land $50,000
Buildings/Building Improvements $50,000/$10,000
Improvements Other Than Buildings $10,000
Vehicles, Machinery, Specialty and Office Equipment $10,000 Intangibles $100,000
Infrastructure $200,000
Construction in progress $50,000
The threshold will generally not be applied to components of fixed assets.
1471
City of SLT Financial Policies – Preserving Capital Investments 2 Rev. August 20254
1. Cost of Capital Assets
Capital Assets are recorded at historical cost or estimated historical cost if purchased or constructed. The cost should include ancillary charges necessary to place the asset into its intended location and condition for use.
Items to include in the cost of capital asset are as follows:
Original contract or invoice price
Freight and transportation charges
Handling and storage charges
In-transit insurance charges
Sales, use, and other taxes imposed on the acquisition Installation charges
Charges for testing and preparation for use
Site preparation costs
Professional fees
The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized.
Donated capital assets are valued at their fair value on the date of donation.
2. Depreciating Capital Assets
Property, plant and equipment, depreciable infrastructure and intangible assets of the City shall be depreciated using the straight-line method and applying the half-year convention method over the following useful lives.
Asset Class Years
Buildings/Building Improvements 10-40
Improvements Other Than Buildings 3-10
Vehicles, Machinery, Specialty and Office Equipment 3-20 Intangibles (subject to depreciation/amortization) As limited by contractual or legal
provisions.
Infrastructure 10-40
It is the City’s policy that capital assets have no residual value at the end of their lives. Land, Construction-in-Progress and certain intangible assets are not depreciated. If the asset is disposed of before the end of its useful life, a half-year of depreciation is allowable for the year of disposition.
1472
City of SLT Financial Policies – Preserving Capital Investments 3 Rev. August 20254
3. Capital Assets Classes
Land
The surface of the earth, which can be used to support structures and roadways. Land is characterized as having an unlimited life (inexhaustible).
Includes the cost of land itself and the cost of preparing land for its intended uses. Examples of items that might be capitalized as part of the cost of land include basic site improvements (e.g., excavation, fill, and grading), as well as the cost of removing, relocating, or reconstructing the property of others (e.g., power lines).
Buildings and Building Improvements
A structure that is permanently attached to the land, has a roof, is partially or completely enclosed by walls, and is not intended to be transportable or moveable.
Improvements to existing buildings that materially extend the useful life of a building, increase the value of a building, or both should be capitalized. The improvement must meet one of the following criteria:
The improvement adds square footage to the existing building. The improvement is a major renovation that prepares an existing building for a new use.
The improvement expenditure increases the life or value of the building by 25 percent of the original life or cost.
The cost of an improvement (or betterment) normally is added to the cost of the related structure, rather than treated as a separate asset.
Examples of expenditures to be capitalized as building improvements are as follows:
Replacement of an old shingle roof with a new fireproof tile roof Upgrade of heating and cooling systems
Structures attached to the building such as covered patios, sunrooms, garages, carports, enclosed stairwells, etc.
Structural changes such as reinforcement of floors or walls, installation or replacement of beams, joists, steel grids, or other interior framing.
The following are examples of expenditures not to capitalize as improvements to buildings. Instead, these items should be recorded as maintenance expense:
Adding, removing and/or moving of walls relating to renovation projects that are not considered major rehabilitation projects and do not increase the value or life of the building
1473
City of SLT Financial Policies – Preserving Capital Investments 4 Rev. August 20254 Plumbing or electrical repairs
Cleaning, pest extermination, or other periodic maintenance Interior decoration, such as draperies, blinds, curtain rods, wallpaper Maintenance-type interior renovation, such as repainting, touch-up, plastering, replacement of carpet, tile, or panel sections; sink and fixture refinishing, etc.
Maintenance-type exterior renovation such as repainting, replacement of deteriorated siding, roof, or masonry sections Replacement of a part or component of a building with a new part of the same type and performance capabilities, such as replacement of an old boiler with a new one of the same type and performance capabilities
Improvements Other Than Buildings
This major asset class is used for permanent (i.e., non-moveable) improvements, other than buildings, that add value to land, but do not have an indefinite useful life. Examples include fences, retaining walls, parking lots, and most landscaping. Moveable items (e.g., picnic table in a park) should be classified as furnishings and equipment.
Vehicles, Machinery, Specialty and Office Equipment
Fixed or movable tangible assets to be used for operations, the benefits of which extend beyond one year from date of acquisition and rendered into service.
Examples of expenditures to be capitalized in this class include but are not limited to:
Vehicles
Computers and servers
Machinery
Furniture and fixtures
Intangible Assets
Intangible assets are characterized as lacking physical form (e.g., computer software, water rights, easements, and patents). Certain intangibles provide benefits indefinitely. In that case, no amortization expense would be recognized. Intangibles with the length of their life limited by contractual or legal provisions should be amortized over the period stated in the provisions.
Easements are interest in land owned by another that entitles its holder to a specific limited use. The estimated value of easements is immaterial and therefore will not be capitalized.
A right-of-way is a type of easement in which title remains with the property owner and therefore is not capitalized.
1474
City of SLT Financial Policies – Preserving Capital Investments 5 Rev. August 20254 Infrastructure
Long-lived capital assets that normally are stationary in nature and are of value only to the City. Include, but are not limited to: roads and streets, curbs, gutters, bridges, streetlights, sidewalks, streetscape, bike paths, storm-water drainage improvements, roadway resurfacing, basin and stream environment zone construction, ramps, airfields and runways in Airport Enterprise fund. For the purpose of reporting this major class is separated into subclasses, such as Streets, Bike Paths, Streetscape, Basin and SEZ Construction, and Runways.
Construction in Progress
This major class is used for costs incurred to construct or develop a tangible or intangible capital asset before it is substantially ready to be placed into service. The costs should remain in this category until all retention money has been paid (at which time the asset would be reclassified into the appropriate major class).
B. Capital Assets Accountability and Control
When capital assets are acquired or deeded to the City, copies of related documents shall be routed to the Finance Department in a timely manner to ensure these assets are recorded in the City’s financial records.
Department heads are ultimately responsible for safeguarding its fixed assets from theft or loss. However, the Finance Department does recognize and acknowledge its responsibility to establish and maintain systems and procedures that enable department heads and program managers to properly safeguard their assets.
In general, inventory control is applied only to movable fixed assets (generally these falling into the “Vehicles, Machinery and Equipment” category), and not to land, buildings, or other immovable fixed assets. Fixed assets subject to inventory control will be accounted for and controlled through the same systems and procedures used to account and control fixed assets subject to capitalization.
Fixed assets will be subject to inventory control if they meet at least one (1) of the following criteria:
a. The original cost of the fixed asset is equal to or greater than $10,000 if classified as equipment, $50,000 if classified as buildings or land, or $200,000 if classified as infrastructure.
b. Any asset less than the capitalization threshold, as recommended by the Finance Director. This may include certain machinery and equipment that, due to portability, value outside of the office, or character, are susceptible to theft and/or loss. It may include computer equipment and electronic devices such as laptops and iPhones, guns, weapons, and other movable items. Also included may be any asset requested by a department to be controlled in order to satisfy an internal (operational) or external requirement. For example, the Finance Department (may wish to) tracks all 1475
City of SLT Financial Policies – Preserving Capital Investments 6 Rev. August 20254 computer hardware in order to establish replacement and upgrade requirements for both hardware and system software.
c. Any asset required to be controlled and separately reported pursuant to grant conditions or any other externally imposed reporting requirement.
Procedure: The goal is to tag all fixed assets that fall within the above categories without affecting the functionality or value of the product. Tags should be placed on the back of the equipment, somewhere where they can be found, but not necessarily stand out. The fixed asset addition form (Exhibit I) should be filled out as much as possible. A complete description of the asset should be obtained showing manufacturer, model, serial #, color and any other identifying criteria. The date purchased and cost should be entered when known. If not known, please estimate and mark (est.) after the data. It is understood that logistically some items cannot be tagged. These items still need to be inventoried and the information maintained in a department file.
C. Capital Assets Purchased with Federal Funds
Equipment (Capital Assets) purchased with Federal funds must follow Code of Federal Regulations CFR §200.313 and §200.439.
These guidelines can be found at the following link: https://www.ecfr.gov/cgibin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.
1. Capital expenditures for special purpose equipment are allowable as direct costs, provided items with a unit cost of $5,000 or more have the prior written approval of the Federal awarding agency or pass-through entity.
Effective 10/1/2024, rate is increased to $10,000 per Section 2 §CFR 200.313 and §200.439.
2. Equipment must be used in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by the Federal award.
3. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, at a minimum, meet the following requirements:
Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.
A physical inventory of the property must be taken, and the results reconciled with the property records at least once every two years. 1476
City of SLT Financial Policies – Preserving Capital Investments 7 Rev. August 20254 Control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
If the City is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return.
See CFR §200.313 (e) Disposition, for guidelines.
Surplus property shall be identified by the department, officially declared to the City Council, and after approval, eliminated from the fixed asset accountability list and sold at auction or to any organization or non-employee willing to pay fair market price.,
Alternatively, the city council may elect to donate or destroy the same in accordance with whatever provision and/or terms and conditions the city council may, in its discretion, elect. when City-owned fixed assets are identified as surplus and have minimal or no remaining value for municipal use, they may be destroyed or considered for donation to qualified public agencies or tax-exempt charitable organizations. The City may designate personal property as surplus and authorize its donation, provided this does not conflict with any terms associated with the property’s acquisition. The donation process must include proper documentation for auditing purposes, and recipients must meet eligibility criteria, such as being a public agency or a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. All donated items will be transferred “as-is,” without warranties, and the change in ownership will be recorded by the City’s Finance Department.
In the event any single item of property is less than $10,000, the Ffinance Ddirector shall have the authority to sell, or dispose at a refuse company, or donate of such surplus supplies or equipment by donation to local schools or nonprofit organizations, or if surplus has no value to municipal operations, by disposal at a refuse company., Proceeds from sale of surplus property will be allocated to the City’s General fund or Vehicle Replacement fund unless the property was originally purchased under contractual obligations with monies from a specific fund, in which case, the proceeds will be returned to that fund.
Disposal of any real property shall be conducted in accordance with all applicable requirements of the Government Code, including but not limited to Government Code sections 50569, 65402, and 54220, et seq. Before disposing of any surplus property, the applicable department head shall ascertain the source of funds used to purchase the property and ensure that disposal will not violate any grant conditions or other applicable restrictions.
Account Coding: The account coding to be used for the purchase of capital outlay will be as follows:
For items costing $10,000 or more (these are considered Fixed Assets) use:
1477
City of SLT Financial Policies – Preserving Capital Investments 8 Rev. August 20254 Object code # 46010 – Land
Object code # 46020 – Buildings and Building Improvements Object code # 46030 – Improvements Other Than Buildings Object code # 46110 – Machinery & Equipment ($10,000)
Object code # 46122 – Software
Object code # 46130 – Vehicles
Object code # 46140 – Furniture and Fixtures
For items costing less than $10,000 per unit (these are NOT considered Fixed Assets) use:
Object code # 46120 – Tools, Parts and Leases less than $10,000.
Attachments:
Exhibit I – Sample of Fixed Asset Addition Form
1478
City of SLT Financial Policies – Preserving Capital Investments 9 Rev. August 20254 1479
City of SLT Financial Policies – Preserving Capital Investments 1 Rev. August 2025 Financial Policies:
Preserving Capital Investments - Fixed Assets
Capitalization and Inventory Control Policy
The City invests in capital assets such as property, plant, equipment, facilities and infrastructure. Preservation of such investments through regular maintenance and a long-term renovation plan is necessary to preserve the value of such capital investments. The City must also plan for the replacement of capital investments (particularly vehicles and equipment). The following policy requirements are intended to ensure the proper accounting and preservation of capital investments; and to provide a sound economic base for their replacement.
1. The budget should provide sufficient funding for adequate maintenance, renovation and the orderly replacement of capital assets such as equipment, fleet, facilities, streets and parks.
2. All capital assets should be maintained at a level that protects capital investment and minimizes future maintenance and replacement costs.
3. A five-year schedule of equipment replacement and maintenance needs, as well as facilities, streets and parks renovation and maintenance needs should be prepared on an annual basis. Expenditures consistent with such plans shall be included in annual budget appropriations.
A. Capital Assets Definition, Classes, and Capitalization Thresholds The City defines capital assets as any assets used in operations with an estimated useful life in excess of three years that have a value equal to or greater than the capitalization threshold for their respective asset class.
The Asset Classes and Capitalization Thresholds have been established as follows:
Asset Class Threshold
Land $50,000
Buildings/Building Improvements $50,000/$10,000
Improvements Other Than Buildings $10,000
Vehicles, Machinery, Specialty and Office Equipment $10,000 Intangibles $100,000
Infrastructure $200,000
Construction in progress $50,000
The threshold will generally not be applied to components of fixed assets.
1480
City of SLT Financial Policies – Preserving Capital Investments 2 Rev. August 2025
1. Cost of Capital Assets
Capital Assets are recorded at historical cost or estimated historical cost if purchased or constructed. The cost should include ancillary charges necessary to place the asset into its intended location and condition for use.
Items to include in the cost of capital asset are as follows:
Original contract or invoice price
Freight and transportation charges
Handling and storage charges
In-transit insurance charges
Sales, use, and other taxes imposed on the acquisition Installation charges
Charges for testing and preparation for use
Site preparation costs
Professional fees
The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized.
Donated capital assets are valued at their fair value on the date of donation.
2. Depreciating Capital Assets
Property, plant and equipment, depreciable infrastructure and intangible assets of the City shall be depreciated using the straight-line method and applying the half-year convention method over the following useful lives.
Asset Class Years
Buildings/Building Improvements 10-40
Improvements Other Than Buildings 3-10
Vehicles, Machinery, Specialty and Office Equipment 3-20 Intangibles (subject to depreciation/amortization) As limited by contractual or legal
provisions.
Infrastructure 10-40
It is the City’s policy that capital assets have no residual value at the end of their lives. Land, Construction-in-Progress and certain intangible assets are not depreciated. If the asset is disposed of before the end of its useful life, a half-year of depreciation is allowable for the year of disposition.
1481
City of SLT Financial Policies – Preserving Capital Investments 3 Rev. August 2025
3. Capital Assets Classes
Land
The surface of the earth, which can be used to support structures and roadways. Land is characterized as having an unlimited life (inexhaustible).
Includes the cost of land itself and the cost of preparing land for its intended uses. Examples of items that might be capitalized as part of the cost of land include basic site improvements (e.g., excavation, fill, and grading), as well as the cost of removing, relocating, or reconstructing the property of others (e.g., power lines).
Buildings and Building Improvements
A structure that is permanently attached to the land, has a roof, is partially or completely enclosed by walls, and is not intended to be transportable or moveable.
Improvements to existing buildings that materially extend the useful life of a building, increase the value of a building, or both should be capitalized. The improvement must meet one of the following criteria:
The improvement adds square footage to the existing building. The improvement is a major renovation that prepares an existing building for a new use.
The improvement expenditure increases the life or value of the building by 25 percent of the original life or cost.
The cost of an improvement (or betterment) normally is added to the cost of the related structure, rather than treated as a separate asset.
Examples of expenditures to be capitalized as building improvements are as follows:
Replacement of an old shingle roof with a new fireproof tile roof Upgrade of heating and cooling systems
Structures attached to the building such as covered patios, sunrooms, garages, carports, enclosed stairwells, etc.
Structural changes such as reinforcement of floors or walls, installation or replacement of beams, joists, steel grids, or other interior framing.
The following are examples of expenditures not to capitalize as improvements to buildings. Instead, these items should be recorded as maintenance expense:
Adding, removing and/or moving of walls relating to renovation projects that are not considered major rehabilitation projects and do not increase the value or life of the building
1482
City of SLT Financial Policies – Preserving Capital Investments 4 Rev. August 2025 Plumbing or electrical repairs
Cleaning, pest extermination, or other periodic maintenance Interior decoration, such as draperies, blinds, curtain rods, wallpaper Maintenance-type interior renovation, such as repainting, touch-up, plastering, replacement of carpet, tile, or panel sections; sink and fixture refinishing, etc.
Maintenance-type exterior renovation such as repainting, replacement of deteriorated siding, roof, or masonry sections Replacement of a part or component of a building with a new part of the same type and performance capabilities, such as replacement of an old boiler with a new one of the same type and performance capabilities
Improvements Other Than Buildings
This major asset class is used for permanent (i.e., non-moveable) improvements, other than buildings, that add value to land, but do not have an indefinite useful life. Examples include fences, retaining walls, parking lots, and most landscaping. Moveable items (e.g., picnic table in a park) should be classified as furnishings and equipment.
Vehicles, Machinery, Specialty and Office Equipment
Fixed or movable tangible assets to be used for operations, the benefits of which extend beyond one year from date of acquisition and rendered into service.
Examples of expenditures to be capitalized in this class include but are not limited to:
Vehicles
Computers and servers
Machinery
Furniture and fixtures
Intangible Assets
Intangible assets are characterized as lacking physical form (e.g., computer software, water rights, easements, and patents). Certain intangibles provide benefits indefinitely. In that case, no amortization expense would be recognized. Intangibles with the length of their life limited by contractual or legal provisions should be amortized over the period stated in the provisions.
Easements are interest in land owned by another that entitles its holder to a specific limited use. The estimated value of easements is immaterial and therefore will not be capitalized.
A right-of-way is a type of easement in which title remains with the property owner and therefore is not capitalized.
1483
City of SLT Financial Policies – Preserving Capital Investments 5 Rev. August 2025 Infrastructure
Long-lived capital assets that normally are stationary in nature and are of value only to the City. Include, but are not limited to: roads and streets, curbs, gutters, bridges, streetlights, sidewalks, streetscape, bike paths, storm-water drainage improvements, roadway resurfacing, basin and stream environment zone construction, ramps, airfields and runways in Airport Enterprise fund. For the purpose of reporting this major class is separated into subclasses, such as Streets, Bike Paths, Streetscape, Basin and SEZ Construction, and Runways.
Construction in Progress
This major class is used for costs incurred to construct or develop a tangible or intangible capital asset before it is substantially ready to be placed into service. The costs should remain in this category until all retention money has been paid (at which time the asset would be reclassified into the appropriate major class).
B. Capital Assets Accountability and Control
When capital assets are acquired or deeded to the City, copies of related documents shall be routed to the Finance Department in a timely manner to ensure these assets are recorded in the City’s financial records.
Department heads are ultimately responsible for safeguarding its fixed assets from theft or loss. However, the Finance Department does recognize and acknowledge its responsibility to establish and maintain systems and procedures that enable department heads and program managers to properly safeguard their assets.
In general, inventory control is applied only to movable fixed assets (generally these falling into the “Vehicles, Machinery and Equipment” category), and not to land, buildings, or other immovable fixed assets. Fixed assets subject to inventory control will be accounted for and controlled through the same systems and procedures used to account and control fixed assets subject to capitalization.
Fixed assets will be subject to inventory control if they meet at least one (1) of the following criteria:
a. The original cost of the fixed asset is equal to or greater than $10,000 if classified as equipment, $50,000 if classified as buildings or land, or $200,000 if classified as infrastructure.
b. Any asset less than the capitalization threshold, as recommended by the Finance Director. This may include certain machinery and equipment that, due to portability, value outside of the office, or character, are susceptible to theft and/or loss. It may include computer equipment and electronic devices such as laptops and iPhones, guns, weapons, and other movable items. Also included may be any asset requested by a department to be controlled in order to satisfy an internal (operational) or external requirement. For example, the Finance Department (may wish to) tracks all 1484
City of SLT Financial Policies – Preserving Capital Investments 6 Rev. August 2025 computer hardware in order to establish replacement and upgrade requirements for both hardware and system software.
c. Any asset required to be controlled and separately reported pursuant to grant conditions or any other externally imposed reporting requirement.
Procedure: The goal is to tag all fixed assets that fall within the above categories without affecting the functionality or value of the product. Tags should be placed on the back of the equipment, somewhere where they can be found, but not necessarily stand out. The fixed asset addition form (Exhibit I) should be filled out as much as possible. A complete description of the asset should be obtained showing manufacturer, model, serial #, color and any other identifying criteria. The date purchased and cost should be entered when known. If not known, please estimate and mark (est.) after the data. It is understood that logistically some items cannot be tagged. These items still need to be inventoried and the information maintained in a department file.
C. Capital Assets Purchased with Federal Funds
Equipment (Capital Assets) purchased with Federal funds must follow Code of Federal Regulations CFR §200.313 and §200.439.
These guidelines can be found at the following link: https://www.ecfr.gov/cgibin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.
1. Capital expenditures for special purpose equipment are allowable as direct costs, provided items with a unit cost of $5,000 or more have the prior written approval of the Federal awarding agency or pass-through entity.
Effective 10/1/2024, rate is increased to $10,000 per Section 2 §CFR 200.313 and §200.439.
2. Equipment must be used in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by the Federal award.
3. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, at a minimum, meet the following requirements:
Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.
A physical inventory of the property must be taken, and the results reconciled with the property records at least once every two years. 1485
City of SLT Financial Policies – Preserving Capital Investments 7 Rev. August 2025 Control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
If the City is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return.
See CFR §200.313 (e) Disposition, for guidelines.
Surplus property shall be identified by the department, officially declared to the City Council, and after approval, eliminated from the fixed asset accountability list and sold at auction or to any organization or non-employee willing to pay fair market price.
Alternatively, when City-owned fixed assets are identified as surplus and have minimal or no remaining value for municipal use, they may be destroyed or considered for donation to qualified public agencies or tax-exempt charitable organizations. The City may designate personal property as surplus and authorize its donation, provided this does not conflict with any terms associated with the property’s acquisition. The donation process must include proper documentation for auditing purposes, and recipients must meet eligibility criteria, such as being a public agency or a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. All donated items will be transferred “as-is,” without warranties, and the change in ownership will be recorded by the City’s Finance Department.
In the event any single item of property is less than $10,000, the Finance Director shall have the authority to sell, dispose at a refuse company, or donate such surplus supplies or equipment if surplus has no value to municipal operations.
Proceeds from sale of surplus property will be allocated to the City’s General fund or Vehicle Replacement fund unless the property was originally purchased under contractual obligations with monies from a specific fund, in which case, the proceeds will be returned to that fund.
Disposal of any real property shall be conducted in accordance with all applicable requirements of the Government Code, including but not limited to Government Code sections 50569, 65402, and 54220, et seq. Before disposing of any surplus property, the applicable department head shall ascertain the source of funds used to purchase the property and ensure that disposal will not violate any grant conditions or other applicable restrictions.
Account Coding: The account coding to be used for the purchase of capital outlay will be as follows:
For items costing $10,000 or more (these are considered Fixed Assets) use:
Object code # 46010 – Land
Object code # 46020 – Buildings and Building Improvements Object code # 46030 – Improvements Other Than Buildings Object code # 46110 – Machinery & Equipment ($10,000)
1486
City of SLT Financial Policies – Preserving Capital Investments 8 Rev. August 2025 Object code # 46122 – Software
Object code # 46130 – Vehicles
Object code # 46140 – Furniture and Fixtures
For items costing less than $10,000 per unit (these are NOT considered Fixed Assets) use:
Object code # 46120 – Tools, Parts and Leases less than $10,000.
Attachments:
Exhibit I – Sample of Fixed Asset Addition Form
1487
City of SLT Financial Policies – Preserving Capital Investments 9 Rev. August 2025 1488
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. July 2015 August 2025
Financial Policies – Unclaimed Check
______________________________________________________________________________ The purpose of the unclaimed check policy is to provide the proper mechanism to take possession of long standing unclaimed checks in accordance with government statutes (Exhibit V) and to ensure the propriety of the related accounting transactions.
A. Summary of State Law
Money that is not the property of the City of South Lake Tahoe that remains unclaimed for a period of more than three (3) years becomes the property of the City not less than forty-five days nor more than sixty days after an initial public notice is published. (Government Code Secs. 50050 and 50051) B. At any time after the expiration of the three (3) year period, the Treasurer of the City of South Lake Tahoe will cause a notice to be published once a week for two successive weeks in a newspaper of general circulation published in the City of South Lake Tahoe. (Gov. Code Secs. 50050 and 50051)
C. The notice shall include the following information:
1. The individual or business name as shown on the issued check.
2. The check date, number and the amount of money on the issued check.
3. A statement announcing that the money shall become the property of the City of South Lake Tahoe on a date that is not less than forty-five (45) days after the first publication of the notice. See Exhibit I. (Gov. Code Sec. 50051)
D. A proof of publication from the newspaper is to be retained in accordance with the City’s records retention policy as proof that the City published the required notice for two consecutive weeks.
E. Upon or prior to publication, a party of interest may file a claim which must include the following information:
1. The claimant’s name, address and telephone number.
2. Social Security Number or Federal Employer Identification Number.
3. Proof of identify such as a copy of a driver license, social security card or birth certificate.
4. The amount of the claim.
5. The grounds on which the claim is founded. See Exhibit II. (Gov. Code Sec. 50052)
1489
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. July 2015 August 2025
F. The Treasurer may release to the depositor of the unclaimed money, their heir, beneficiary, or duly appointed representative, unclaimed money if claimed prior to the date the money becomes the property of the City upon submitting proof satisfactory to the Treasurer. (Gov. Code Sec. 50052.5) G. When the unclaimed funds become the property of the City of South Lake Tahoe and are in a Special fund, the City Council may transfer them by resolution to the General Fund. (Gov. Code Sec. 50053)
H. Any individual check of less than fifteen dollars ($15), or any amount if the depositor’s name is unknown, which remain unclaimed for a period of one (1) year may be transferred from the funds which the money was originally drawn from by the City Council to the General Fund without the necessity of publication of a notice in a newspaper. (Gov. Code Sec. 50055)
I. The responsibilities of the Treasurer may be delegated by the Treasurer to the department that maintains the supporting records of the uncleared checks based on the initial receipt or deposit of that money or both. (Gov. Code Sec. 50056) J. Disbursement and Funds Transfer
1. Except as otherwise provided in this procedure, the Finance Department (Department) may release to the claimant of an unclaimed check, or its heir, beneficiary, or duly appointed representative, the amount of an unclaimed check if:
i. Claim is filed prior to the date the money becomes the property of the City of South Lake Tahoe.
ii. Proof substantiating the claim is conveyed in writing, including all items detailed in the item “E” of this policy.
iii. After proper documentation is secured, payment request is prepared to release money based upon approved Claim Form.
2. Upon rejection of said depositor’s claim by the Department (Exhibit III), the depositor may file a verified complaint seeking to recover all, or a designated part, of the money in a court within El Dorado County. The Department shall be served with a copy of the complaint and summons which must be served within thirty (30) days of receiving notice that the claim was rejected. The Department shall withhold the release of the portion of unclaimed money for which a court action has been filed until a decision is rendered by the court.
3. Upon close of business on the forty-fifth (45) day after publication of the first notice, the unclaimed check amounts revert to the City of South Lake Tahoe. When the unclaimed checks become the property of the City of South Lake Tahoe and are in a special fund, the City Council may transfer them to the General Fund. See Exhibit IV.
1490
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. July 2015 August 2025
4. Unclaimed checks of less than fifteen dollars ($15) that are more than twelve (12) months old will be transferred to the General Fund by the City Council without publication of a notice in a newspaper. See Exhibit IV.
K. Accounting Transactions
1. If an unclaimed check is claimed prior to the date designated in the Public Notice, the Financial Services Manager will verify the claimant’s supporting information and obtain an approval to stop payment of the claimed check for checks over $1,000. If the claimant satisfies all conditions required under this procedure, the City will void the old check and issue a new check for the claimed amount to the claimant.
2. Upon the close of business on the forty-fifth day after the initial notice is published, the remaining unclaimed checks with face amounts of fifteen dollars ($15) or more will revert to the City. The amounts of such checks will be transferred to a miscellaneous General Fund revenue account upon City Council approval. (Exhibit IV)
i. Accounts payable checks will be voided, changing the account number from original to non-departmental Unclaimed Funds revenue account 100-01951-36212. This way the transaction will Debit Cash and Credit the above revenue account without changing the original Expense or Revenue account.
ii. Payroll checks will be canceled in the accounting system to remove them from the outstanding checks list. In addition, a journal entry will be prepared to Debit the original expense account and Credit the Unclaimed Funds revenue account 100-01951-36212.
iii. The records of voided checks must be retained by the Financial Services Division in accordance with the City’s records retention policy.
3. All outstanding checks of less than fifteen dollars ($15) from Accounts Payable and Payroll will be checked to determine those checks that have issue dates over twelve (12) months. These amounts will then be set into a resolution for the City Council to approve, transferring these amounts to the General Fund miscellaneous revenue account. Follow steps i,ii, and iii above.
L. Policy Review
This policy shall be reviewed at least biannually.
1491
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. July 2015 August 2025
Attachments:
Exhibit I - Sample of Public Notice
Exhibit II - Sample of Unclaimed Money – Claim Form
Exhibit III - Sample of Money Claim Rejection Form
Exhibit IV – Resolution to transfer unclaimed check funds to the General Fund Exhibit V – California Government Code Section 50050-50057
1492
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. July 2015 August 2025
Exhibit I – Sample of Public Notice
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN THAT, the Administrative Services Finance Department of the City of South Lake Tahoe, County of El Dorado, State of California, declares that the following monetary sums have been held by the City of South Lake Tahoe and have remained unclaimed in the funds hereafter indicated for a period of over three (3) years and will become the property of the City of South Lake Tahoe on the xx th day of the Month, Year, a date not less than forty-five (45) days after the first publication of this Notice.
Any party of interest may, prior to the date designated herein above, file a claim with the City’s Financeial Services Departmentivision which includes the claimant’s name, address and telephone number, Social Security Number or Federal Employer Identification Number, amount of claim, the grounds on which the claim is founded. The Unclaimed Money Claim Form can be obtained from the City’s Administrative office at 1901 Lisa Maloff WayAirport Rd, South Lake Tahoe, CA 96150, or from the City’s website at www.cityofslt.us/Unclaimed642/Forms. Proof of identify such as a copy of a driver license, social security card or birth certificate must be provided before funds will be released. With any questions, please contact the City of South Lake Tahoe, Financial Services Division at (530)542-7402 orFinance Department at (530) 542-606113.
This notice and its contents are in accordance with California Government Code Sections 50050-50056.
Name
Title
Check Date Check Number Payee Name Check Amount Fund Held In 1493
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. July 2015 August 2025
1494
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. July 2015 August 2025
Exhibit II – Sample of Unclaimed Money – Claim Form
CITY OF SOUTH LAKE TAHOE
UNCLAIMED MONEY – CLAIM FORM
Return completed form to:
City of South Lake Tahoe
Administrative Services Finance Department
Financial Services Division
1901 Airport RoadLisa Maloff Way, Suite 210
South Lake Tahoe, CA 96150
Pursuant to California Government Code Section 50052, I wish to file a claim for a previously unclaimed check in the amount of $ _________________ that was published in the Tahoe Daily Tribune on _________________________. The grounds on which I file this claim are:
Vendor or Individual Name (Printed) Taxpayer I.D. or Social Security No.
Signature Date Telephone Number
Mailing Address
City/State/Zip Code
FOR INTERNAL USE ONLY
Proof of Identity Verified (check one):
Driver License Social Security Card Passport/Birth Certificate Verified By: ___________________________________ Date: ____________________ Claim: Approved____ Rejected____ Reason for Rejection: _____________________ Reviewed By: __________________________________ Date: ____________________ 1495
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. July 2015 August 2025
Exhibit III – Sample of Money Claim Rejection Form
CITY OF SOUTH LAKE TAHOE
MONEY CLAIM REJECTION FORM
The City of South Lake Tahoe has rejected the unclaimed property claim of:
Vendor or Individual Name: ________________________________________ Taxpayer I.D. or Social Security Number: _____________________________ Address: ________________________________________________________ City/State/Zip Code: _______________________________________________ Original Check Date: ___________________________
Original Check Amount: _________________________
The grounds on which this claim has been rejected are:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ____________________________________________________________ Under California Government Code Section 50052, you have the right to file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within El Dorado County. A copy of the complaint and the summons issued thereon must be served within thirty (30) days of receiving this notice of rejection. Upon being served, the Finance Director will withhold the disputed amount from being released until a decision is rendered by the court.
Name
Title
1496
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. July 2015 August 2025
Exhibit IV – Resolution to transfer unclaimed check funds to the General Fund
CITY OF SOUTH LAKE TAHOE
RESOLUTION NO. ___________
RESOLUTION AUTHORIZING THE TRANSFER OF UNCLAIMED
CHECK FUNDS FROM THEIR RESPECTIVE FUND(S) TO THE
GENERAL FUND PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTIONS 50053 AND 50055
WHEREAS, the checks in Section 1 of the attached list have been outstanding and unclaimed for more than three years; and
WHEREAS, the City has provided public notice as required in California Government Code Sections 50050 and 50051 and the City’s Unclaimed Check Policy; and WHEREAS, the checks in Section 2 of the attached list are less than fifteen dollars each, and have been outstanding and unclaimed for a period of one year, NOW THEREFORE, BE IT RESOLVED, that in accordance with California Government Code Section 50053 and Section 50055, the unclaimed checks on the attached list in the total amount of $XX.XX shall be transferred from their respective funds(s) to the General Fund’s nondepartmental revenue account.
PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a meeting on _______________by the following vote:
AYES:
Councilmembers________________________________________________________________ NOES:
Councilmembers________________________________________________________________ ABSTAIN:
Councilmembers________________________________________________________________ ABSENT:
Councilmembers________________________________________________________________ ATTEST:
___________________________________ ___________________________________ Susan Alessi, City Clerk (Type Name), Mayor
1497
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. July 2015 August 2025
Resolution XXXX-XXX
Adopted by the City of South Lake Tahoe
City Council
XXXX, XXX
Authorizing the Transfer of Unclaimed Check Funds from their Respective Fund(s) to the General Fund Pursuant to California Government Code Sections 50050 Through 50057
BACKGROUND
A. The checks in Section 1 on the attached list have been outstanding and unclaimed for more than three years and the City has provided public notice as required in California Government Code Sections 50050 and 50051 in addition to following the City’s Unclaimed Check Policy.
B. The checks in Section 2 on the attached list are less than fifteen (15) dollars each and have been outstanding and unclaimed for a period of one year.
C. The City adopts this resolution in accordance with California Government Code sections 50050 through 50057.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Declares the unclaimed checks on the attached list in the total amount of $XXX as the property of the City of South Lake Tahoe and authorizes and directs the Director of Finance to transfer the funds in those unclaimed checks from their respective funds to the General Fund’s non-departmental revenue account.
Adopted by the City of South Lake Tahoe City Council on XXX, XXX by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Mayor
Attest:
________________________
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.
1498
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. July 2015 August 2025
Exhibit V – California Government Code Section 50050-50057
GOVERNMENT CODE
SECTION 50050-50057
50050. (a) For purposes of this article, "local agency" includes all districts. Except as otherwise provided by law, money, excluding restitution to victims, that is not the property of a local agency that remains unclaimed in its treasury or in the official custody of its officers for three years is the property of the local agency after notice if not claimed or if no verified complaint is filed and served. At any time after the expiration of the three-year period, the treasurer of the local agency may cause a notice to be published once a week for two successive weeks in a newspaper of general circulation published in the local agency. At the expiration of the three-year period, money representing restitution collected on behalf of victims shall be deposited into the Restitution Fund or used by the local agency for purposes of victim services. If a local agency elects to use the money for purposes of victim services, the local agency shall first document that it has made a reasonable effort to locate and notify the victim to whom the restitution is owed. The local agency may utilize fees collected pursuant to subdivision (l) of Section 1203.1 or subdivision (f) of Section 2085.5 of the Penal Code to offset the reasonable cost of locating and notifying the victim to whom restitution is owed. With respect to moneys deposited with the county treasurer pursuant to Section 7663 of the Probate Code, this three-year period to claim money held by a local agency is extended for an infant or person of unsound mind until one year from the date his or her disability ceases.
(b) For purposes of this section, "infant" and "person of unsound mind" have the same meaning as given to those terms as used in Section 1441 of the Code of Civil Procedure.
(c) The notice shall become operative January 1, 2022.
50051. The notice shall state the amount of money, the fund in which it is held, and that it is proposed that the money will become the property of the local agency on a designated date not less than forty-five days nor more than sixty days after the first publication of the notice.
50052. Upon or prior to publication, a party of interest may file a claim with the treasurer which must include the claimant's name, address, amount of claim, the grounds on which the claim is founded, and any other information that may be required by the treasurer. The claim shall be filed before the date the unclaimed money becomes the property of the local agency as provided under Section 50051 and the treasurer shall accept or reject that claim. If the claim is rejected by the treasurer, the party who submitted the claim may file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within the county in which the notice is published, and serves a copy of the complaint and the summons issued thereon upon the treasurer. The copy of the 1499
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. July 2015 August 2025
complaint and summons shall be served within 30 days of receiving notice that the claim was rejected. The treasurer shall withhold the release of the portion of unclaimed money for which a court action has been filed as provided in this section until a decision is rendered by the court.
50052.5. (a) Notwithstanding Section 50052, the treasurer may release to the depositor of the unclaimed money, their heir, beneficiary, or duly appointed representative, unclaimed money if claimed prior to the date the money becomes the property of the local agency upon submitting proof satisfactory to the treasurer, unless the unclaimed money is deposited pursuant to Section 7663 of the Probate Code.
(b) Notwithstanding Section 50052, the treasurer may release unclaimed money deposited with the county treasurer pursuant to Section 7663 of the Probate Code, to any adult blood relative of either the decedent or the decedent's predeceased spouse. (c) Notwithstanding Section 50052, the treasurer may release unclaimed money deposited with the county treasurer pursuant to Section 7663 of the Probate Code to the parent who has legal and physical custody of a minor who is a blood relative of either the decedent or the decedent's predeceased spouse without the need to appoint a legal guardian for the minor as follows:
(1) If the value of the unclaimed money deposited with the county treasurer is five thousand dollars ($5,000) or less, the treasurer may release the money according to Section 3401 of the Probate Code. (2) If the value of the unclaimed money deposited with the county treasurer is sixty thousand dollars ($60,000) or less, and the money is not released under paragraph (1), the unclaimed money may be released by the treasurer to the parent who shall, after payment of any costs incurred in making the claim, hold the money in trust, to be used only for the care, maintenance, and education of the minor, and the parent shall be liable therefor to the minor under the fiduciary laws of this state. The money held in trust shall be released to the minor when the minor reaches the age of majority. (d) The claim shall be presented to the county treasurer in affidavit form and signed under penalty of perjury. Notwithstanding Section 13101 of the Probate Code, the claimant, to be entitled to the entire escheated estate, needs only to establish with documentary proof the existence of a blood relationship to either the decedent or of the predeceased spouse, if any, and the documentary proof, if regular on its face, need not be certified. Notwithstanding Section 13101 of the Probate Code, the claimant shall not be required to declare that no other person has an equal or superior claim to the escheated estate.
The county treasurer may rely in good faith on the sworn statements made in the claim and shall have no duty to inquire into the truth or credibility of evidence submitted.
In paying out the escheated estate, the county treasurer shall be held harmless to all. Payment shall act as total acquittance and shall completely discharge the county treasurer from any liability.
If the county treasurer rejects any claim made hereunder, the claimant may take his or her grievance to the Superior Court of the county holding the escheated estate.
Any claim paid hereunder shall be paid without interest. 1500
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. July 2015 August 2025
50053. When any such money becomes the property of a local agency and is in a special fund, the legislative body may transfer it to the general fund.
50054. Whenever any city or county or city and county renders construction services or constructs public works for any city, county, city and county or any other governmental agency below the level of the state government, the price charged for such services or construction shall be sufficient to reimburse the governmental body performing such services for the full cost thereof including labor, material, equipment costs or rentals and a reasonable allowance for overhead. In computing overhead, without limitation on other factors properly includable, there shall be allocated to the overhead cost its proportionate share of indirect labor and administrative costs. 50055. Any other provision of this article notwithstanding, any individual items of less than fifteen dollars ($15), or any amount if the depositor's name is unknown, which remain unclaimed in the treasury or in the official custody of an officer of a local agency for the period of one year or upon an order of the court may be transferred to the general fund by the legislative body without the necessity of publication of a notice in a newspaper.
50056. The responsibilities of the treasurer as provided under this article may be delegated by the treasurer to the agency, district, or department that maintains the supporting records of the unclaimed money based on the initial receipt or deposit of that money or both. 50057. For individual items in the amount of five thousand dollars ($5,000) or less, the legislative body of any county may, by resolution, authorize the county treasurer to perform on its behalf any act required or authorized to be performed by it under Sections 50050, 50053, and 50055. The resolution shall require that the county auditor be informed of each act performed under the authorization. 1501
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. August 2025 Financial Policies – Unclaimed Check
______________________________________________________________________________ The purpose of the unclaimed check policy is to provide the proper mechanism to take possession of long standing unclaimed checks in accordance with government statutes (Exhibit V) and to ensure the propriety of the related accounting transactions.
A. Summary of State Law
Money that is not the property of the City of South Lake Tahoe that remains unclaimed for a period of more than three (3) years becomes the property of the City not less than forty-five days nor more than sixty days after an initial public notice is published. (Government Code Secs. 50050 and 50051) B. At any time after the expiration of the three (3) year period, the Treasurer of the City of South Lake Tahoe will cause a notice to be published once a week for two successive weeks in a newspaper of general circulation published in the City of South Lake Tahoe. (Gov. Code Secs. 50050 and 50051)
C. The notice shall include the following information:
1. The individual or business name as shown on the issued check.
2. The check date, number and the amount of money on the issued check.
3. A statement announcing that the money shall become the property of the City of South Lake Tahoe on a date that is not less than forty-five (45) days after the first publication of the notice. See Exhibit I. (Gov. Code Sec. 50051)
D. A proof of publication from the newspaper is to be retained in accordance with the City’s records retention policy as proof that the City published the required notice for two consecutive weeks.
E. Upon or prior to publication, a party of interest may file a claim which must include the following information:
1. The claimant’s name, address and telephone number.
2. Social Security Number or Federal Employer Identification Number.
3. Proof of identify such as a copy of a driver license, social security card or birth certificate.
4. The amount of the claim.
5. The grounds on which the claim is founded. See Exhibit II. (Gov. Code Sec. 50052)
1502
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. August 2025 F. The Treasurer may release to the depositor of the unclaimed money, their heir, beneficiary, or duly appointed representative, unclaimed money if claimed prior to the date the money becomes the property of the City upon submitting proof satisfactory to the Treasurer. (Gov. Code Sec. 50052.5) G. When the unclaimed funds become the property of the City of South Lake Tahoe and are in a Special fund, the City Council may transfer them by resolution to the General Fund. (Gov. Code Sec. 50053)
H. Any individual check of less than fifteen dollars ($15), or any amount if the depositor’s name is unknown, which remain unclaimed for a period of one (1) year may be transferred from the funds which the money was originally drawn from by the City Council to the General Fund without the necessity of publication of a notice in a newspaper. (Gov. Code Sec. 50055)
I. The responsibilities of the Treasurer may be delegated by the Treasurer to the department that maintains the supporting records of the uncleared checks based on the initial receipt or deposit of that money or both. (Gov. Code Sec. 50056) J. Disbursement and Funds Transfer
1. Except as otherwise provided in this procedure, the Finance Department (Department) may release to the claimant of an unclaimed check, or its heir, beneficiary, or duly appointed representative, the amount of an unclaimed check if:
i. Claim is filed prior to the date the money becomes the property of the City of South Lake Tahoe.
ii. Proof substantiating the claim is conveyed in writing, including all items detailed in the item “E” of this policy.
iii. After proper documentation is secured, payment request is prepared to release money based upon approved Claim Form.
2. Upon rejection of said depositor’s claim by the Department (Exhibit III), the depositor may file a verified complaint seeking to recover all, or a designated part, of the money in a court within El Dorado County. The Department shall be served with a copy of the complaint and summons which must be served within thirty (30) days of receiving notice that the claim was rejected. The Department shall withhold the release of the portion of unclaimed money for which a court action has been filed until a decision is rendered by the court.
3. Upon close of business on the forty-fifth (45) day after publication of the first notice, the unclaimed check amounts revert to the City of South Lake Tahoe. When the unclaimed checks become the property of the City of South Lake Tahoe and are in a special fund, the City Council may transfer them to the General Fund. See Exhibit IV.
1503
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. August 2025
4. Unclaimed checks of less than fifteen dollars ($15) that are more than twelve (12) months old will be transferred to the General Fund by the City Council without publication of a notice in a newspaper. See Exhibit IV.
K. Accounting Transactions
1. If an unclaimed check is claimed prior to the date designated in the Public Notice, the Financial Services Manager will verify the claimant’s supporting information and obtain an approval to stop payment of the claimed check for checks over $1,000. If the claimant satisfies all conditions required under this procedure, the City will void the old check and issue a new check for the claimed amount to the claimant.
2. Upon the close of business on the forty-fifth day after the initial notice is published, the remaining unclaimed checks with face amounts of fifteen dollars ($15) or more will revert to the City. The amounts of such checks will be transferred to a miscellaneous General Fund revenue account upon City Council approval. (Exhibit IV)
i. Accounts payable checks will be voided, changing the account number from original to non-departmental Unclaimed Funds revenue account 100-01951-36212. This way the transaction will Debit Cash and Credit the above revenue account without changing the original Expense or Revenue account.
ii. Payroll checks will be canceled in the accounting system to remove them from the outstanding checks list. In addition, a journal entry will be prepared to Debit the original expense account and Credit the Unclaimed Funds revenue account 100-01951-36212.
iii. The records of voided checks must be retained by the Financial Services Division in accordance with the City’s records retention policy.
3. All outstanding checks of less than fifteen dollars ($15) from Accounts Payable and Payroll will be checked to determine those checks that have issue dates over twelve (12) months. These amounts will then be set into a resolution for the City Council to approve, transferring these amounts to the General Fund miscellaneous revenue account. Follow steps i,ii, and iii above.
L. Policy Review
This policy shall be reviewed at least biannually.
1504
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. August 2025 Attachments:
Exhibit I - Sample of Public Notice
Exhibit II - Sample of Unclaimed Money – Claim Form
Exhibit III - Sample of Money Claim Rejection Form
Exhibit IV – Resolution to transfer unclaimed check funds to the General Fund Exhibit V – California Government Code Section 50050-50057
1505
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. August 2025 Exhibit I – Sample of Public Notice
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN THAT, the Finance Department of the City of South Lake Tahoe, County of El Dorado, State of California, declares that the following monetary sums have been held by the City of South Lake Tahoe and have remained unclaimed in the funds hereafter indicated for a period of over three (3) years and will become the property of the City of South Lake Tahoe on the xx th day of the Month, Year, a date not less than forty-five (45) days after the first publication of this Notice.
Any party of interest may, prior to the date designated herein above, file a claim with the City’s Finance Department which includes the claimant’s name, address and telephone number, Social Security Number or Federal Employer Identification Number, amount of claim, the grounds on which the claim is founded. The Unclaimed Money Claim Form can be obtained from the City’s Administrative office at 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150, or from the City’s website at www.cityofslt.us/642/Forms. Proof of identify such as a copy of a driver license, social security card or birth certificate must be provided before funds will be released. With any questions, please contact the City of South Lake Tahoe, Finance Department at (530) 542-6061.
This notice and its contents are in accordance with California Government Code Sections 50050-50056.
Name
Title
Check Date Check Number Payee Name Check Amount Fund Held In 1506
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. August 2025 Exhibit II – Sample of Unclaimed Money – Claim Form
CITY OF SOUTH LAKE TAHOE
UNCLAIMED MONEY – CLAIM FORM
Return completed form to:
City of South Lake Tahoe
Finance Department
1901 Lisa Maloff Way, Suite 210
South Lake Tahoe, CA 96150
Pursuant to California Government Code Section 50052, I wish to file a claim for a previously unclaimed check in the amount of $ _________________ that was published in the Tahoe Daily Tribune on _________________________. The grounds on which I file this claim are:
Vendor or Individual Name (Printed) Taxpayer I.D. or Social Security No.
Signature Date Telephone Number
Mailing Address
City/State/Zip Code
FOR INTERNAL USE ONLY
Proof of Identity Verified (check one):
Driver License Social Security Card Passport/Birth Certificate Verified By: ___________________________________ Date: ____________________ Claim: Approved____ Rejected____ Reason for Rejection: _____________________ Reviewed By: __________________________________ Date: ____________________ 1507
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. August 2025 Exhibit III – Sample of Money Claim Rejection Form
CITY OF SOUTH LAKE TAHOE
MONEY CLAIM REJECTION FORM
The City of South Lake Tahoe has rejected the unclaimed property claim of:
Vendor or Individual Name: ________________________________________ Taxpayer I.D. or Social Security Number: _____________________________ Address: ________________________________________________________ City/State/Zip Code: _______________________________________________ Original Check Date: ___________________________
Original Check Amount: _________________________
The grounds on which this claim has been rejected are:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ____________________________________________________________ Under California Government Code Section 50052, you have the right to file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within El Dorado County. A copy of the complaint and the summons issued thereon must be served within thirty (30) days of receiving this notice of rejection. Upon being served, the Finance Director will withhold the disputed amount from being released until a decision is rendered by the court.
Name
Title
1508
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. August 2025 Exhibit IV – Resolution to transfer unclaimed check funds to the General Fund Resolution XXXX-XXX
Adopted by the City of South Lake Tahoe
City Council
XXXX, XXX
Authorizing the Transfer of Unclaimed Check Funds from their Respective Fund(s) to the General Fund Pursuant to California Government Code Sections 50050 Through 50057
BACKGROUND
A. The checks in Section 1 on the attached list have been outstanding and unclaimed for more than three years and the City has provided public notice as required in California Government Code Sections 50050 and 50051 in addition to following the City’s Unclaimed Check Policy.
B. The checks in Section 2 on the attached list are less than fifteen (15) dollars each and have been outstanding and unclaimed for a period of one year.
C. The City adopts this resolution in accordance with California Government Code sections 50050 through 50057.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Declares the unclaimed checks on the attached list in the total amount of $XXX as the property of the City of South Lake Tahoe and authorizes and directs the Director of Finance to transfer the funds in those unclaimed checks from their respective funds to the General Fund’s non-departmental revenue account.
Adopted by the City of South Lake Tahoe City Council on XXX, XXX by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Mayor
Attest:
________________________
City Clerk
1509
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. August 2025 Exhibit V – California Government Code Section 50050-50057
GOVERNMENT CODE
SECTION 50050-50057
50050. (a) For purposes of this article, "local agency" includes all districts. Except as otherwise provided by law, money, excluding restitution to victims, that is not the property of a local agency that remains unclaimed in its treasury or in the official custody of its officers for three years is the property of the local agency after notice if not claimed or if no verified complaint is filed and served. At any time after the expiration of the three-year period, the treasurer of the local agency may cause a notice to be published once a week for two successive weeks in a newspaper of general circulation published in the local agency. At the expiration of the three-year period, money representing restitution collected on behalf of victims shall be deposited into the Restitution Fund or used by the local agency for purposes of victim services. If a local agency elects to use the money for purposes of victim services, the local agency shall first document that it has made a reasonable effort to locate and notify the victim to whom the restitution is owed. With respect to moneys deposited with the county treasurer pursuant to Section 7663 of the Probate Code, this three-year period to claim money held by a local agency is extended for an infant or person of unsound mind until one year from the date his or her disability ceases.
(b)For purposes of this section, "infant" and "person of unsound mind" have the same meaning as given to those terms as used in Section 1441 of the Code of Civil Procedure.
(c) The notice shall become operative January 1, 2022.
50051. The notice shall state the amount of money, the fund in which it is held, and that it is proposed that the money will become the property of the local agency on a designated date not less than forty-five days nor more than sixty days after the first publication of the notice.
50052. Upon or prior to publication, a party of interest may file a claim with the treasurer which must include the claimant's name, address, amount of claim, the grounds on which the claim is founded, and any other information that may be required by the treasurer. The claim shall be filed before the date the unclaimed money becomes the property of the local agency as provided under Section 50051 and the treasurer shall accept or reject that claim. If the claim is rejected by the treasurer, the party who submitted the claim may file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within the county in which the notice is published, and serves a copy of the complaint and the summons issued thereon upon the treasurer. The copy of the complaint and summons shall be served within 30 days of receiving notice that the claim was rejected. The treasurer shall withhold the release of the portion of unclaimed money for which a court action has been filed as provided in this section until a decision is 1510
______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. August 2025 rendered by the court.
50052.5. (a) Notwithstanding Section 50052, the treasurer may release to the depositor of the unclaimed money, their heir, beneficiary, or duly appointed representative, unclaimed money if claimed prior to the date the money becomes the property of the local agency upon submitting proof satisfactory to the treasurer, unless the unclaimed money is deposited pursuant to Section 7663 of the Probate Code.
(b) Notwithstanding Section 50052, the treasurer may release unclaimed money deposited with the county treasurer pursuant to Section 7663 of the Probate Code, to any adult blood relative of either the decedent or the decedent's predeceased spouse. (c) Notwithstanding Section 50052, the treasurer may release unclaimed money deposited with the county treasurer pursuant to Section 7663 of the Probate Code to the parent who has legal and physical custody of a minor who is a blood relative of either the decedent or the decedent's predeceased spouse without the need to appoint a legal guardian for the minor as follows:
(1) If the value of the unclaimed money deposited with the county treasurer is five thousand dollars ($5,000) or less, the treasurer may release the money according to Section 3401 of the Probate Code. (2) If the value of the unclaimed money deposited with the county treasurer is sixty thousand dollars ($60,000) or less, and the money is not released under paragraph (1), the unclaimed money may be released by the treasurer to the parent who shall, after payment of any costs incurred in making the claim, hold the money in trust, to be used only for the care, maintenance, and education of the minor, and the parent shall be liable therefor to the minor under the fiduciary laws of this state. The money held in trust shall be released to the minor when the minor reaches the age of majority. (d) The claim shall be presented to the county treasurer in affidavit form and signed under penalty of perjury. Notwithstanding Section 13101 of the Probate Code, the claimant, to be entitled to the entire escheated estate, needs only to establish with documentary proof the existence of a blood relationship to either the decedent or of the predeceased spouse, if any, and the documentary proof, if regular on its face, need not be certified. Notwithstanding Section 13101 of the Probate Code, the claimant shall not be required to declare that no other person has an equal or superior claim to the escheated estate.