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19-0604_ORANGE, COUNTY OF_F1a_Agenda ReportCity of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: ~njamin Siegel, City Manager SUBMITTED BY: Ken Al-Imam, Chief Financial Officer ~ PREPARED BY: Michelle Bannigan, Assistant Finance Director N ~m.t9 DATE: June 4, 2019 6/4/2019 F1a SUBJECT: Fiscal Year 2019-20 Budget Update, including: Seven-Year Capital Improvement Program for Fiscal Years 2019-20 through 2025-26; Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2019-20 through 2025-26; Direction Regarding the Funding, Unfunding or Cancellation of Current or Proposed Parks and Open Space Projects; Fiscal Year 2019-20 Appropriation Limitation; Property Tax Rate for 2017 Taxable General Obligation Refunding Bonds (Measure Y) for Fiscal Year 2019-20; Personnel Classification and Compensation Plans; Investment Policy; Purchasing Ordinance; and Fourth Amendment to the Law Enforcement Services Agreement for Fiscal Year 2019-20 (Orange County Sheriff's Department) RECOMMENDATIONS: 1. Adopt the Resolutions that amend the Operating and Capital Budget for Fiscal Year 2019-20, and approve the Seven-Year Capital Improvement Program for Fiscal Years 2019-20 through 2025-26; 2. Approve the Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2019-20 through 2025-26; 3. Provide feedback regarding funding options for current or proposed parks and open space capital projects; 4. Adopt the Resolution establishing the Fiscal Year 2019-20 Appropriations Limitation; City Council Agenda Report June 4, 2019 Page 2 of 21 5. Adopt the Resolution establishing the property tax ·rate for the 2017 Taxable General Obligation Refunding Bonds (Open Space Measure Y) for Fiscal Year 2019-20; 6. Adopt a Resolution amending the City's Personnel Classification and Compensation Plans for all employees; 7. Approve the City's revised investment policy; 8. Approve the introduction and first reading of an ordinance amending the City's procurement procedures; 9. Approve the City's revised purchasing policy (City Council Policy No. 126); and, 10.Approve the Fourth Amendment to the Five-Year Agreement with the County of Orange for the provision of law enforcement services. EXECUTIVE SUMMARY: On June 11, 2018, the City adopted a two-year budget to provide a financial spending plan for Fiscal Years 2018-19 and 2019-20. Prior to the beginning of the second year of each two-year budget cycle, it is the City's practice to examine the budget that was adopted for the second year and evaluate whether adjustments are warranted as a result of changes in the City's funding or spending requirements. The appropriations that are set forth in the accompanying resolutions reflect the proposed Operating and Capital Budget for Fiscal Year 2019-20 and the proposed Seven-Year Capital Improvement Program for Fiscal Years 2019-20 through 2025-26. These budget resolutions provide total operating appropriations of $67.9 million and total capital appropriations of $10.2 million. The Fiscal Year 2019-20 Adopted Budget provided a balanced budget for the City's General Fund with revenues exceeding expenditures by $66,690 and a projected spendable fund balance of $15.9 million at June 30, 2020. The accompanying proposed budget adjustments for the General Fund would increase its Fiscal Year 2019-20 revenues (including one-time revenues) and expenditures (including appropriations to reserve funds for future capital projects) by $2,719,500 and $2,731,470, respectively. As part of the proposed budget adjustments, the final $3 million landfill-related payment from the County of Orange would be used to fund the following nonrecurring expenditures: $889,000 to fund Fiscal Year 2019-20 water quality project expenditures in the City's Eastern Open Space area and $2.1 million to fund a reserve for future water quality project expenditures. The updated estimate of spendable fund balance of the General Fund as of the end of Fiscal Year 2018-19 is projected to be $18.0 million at June 30, 2020, including $2.1 million held in reserve for future water quality project expenditures. City Council Agenda Report June 4, 2019 Page 3 of 21 The Water Operations Funds include the following funds: Domestic Water Operations, Debt Service and Non-Potable Water Operations (collectively, the "Water Operations Funds"). The total proposed increase in revenue budgeted for the Water Operations Funds in Fiscal Year 2019-20 is $117,250. This proposed increase in budgeted revenue is a result of an update in the number of acre feet expected to be sold in Fiscal Year 2019-20 from 7,810 acre feet to 7,900 acre feet, which is based on actual customer demand over the most recent twelve month period. The proposed budget for the Water Operations Funds reflects a proposed increase of $1.2 million in budgeted expenses, including transfers to capital projects funds. The increase in budgeted expenses is primarily due to a proposed $811,390 budget increase for imported domestic water supply costs and a proposed $430,000 increase in capital project funding. In addition to additional water sales that are projected in Fiscal Year 2019-20, the anticipated increase in imported domestic water costs is also due to a planned reduction in Groundwater Recovery Plant (GWRP) production from 2,384 acre feet to 1,925 acre feet, which further increases the need for additional imported domestic water. The Fiscal Year 2019-20 budget provides for the complete pay off of the obligation of the Water Operations Funds to the Sewer Operations Fund and the Sewer Capital Improvements Fund. After transferring $2.6 million to fund water utility capital projects, the spendable fund balance of the Water Operations Funds is expected to increase by $1.3 million. The available fund balance of the Sewer Operations Fund is projected to be $5.5 million on June 30, 2020. This is a considerable improvement from the $1 .7 million amount that had been originally projected in the Fiscal Year 2019-20 Adopted Budget. The anticipated increase is primarily due to the fact that the actual financial results for Fiscal Year 2017-18 were better than had been projected at the time that the biennial budget was adopted last year. The Fiscal Year 2019-20 budget reflects a $915,410 use of available fund balance to fund the City's capital contribution requirement to the South Orange County Wastewater Authority (SOCWA). This is a smaller use of available fund balance than had been reflected in the original budget adopted for Fiscal Year 2019-20. The proposed Fiscal Year 2019-20 Budget includes adjustments to reduce the City's Capital Improvement Program (CIP) expenditures from $13.0 million to $10.2 million. The proposed reductions are primarily due to delays in the receipt of development fees that fund the City's capital projects , as well as the proposed cancellation of New Hydraulic Capital Project No. 6 (CIP 7703). In addition, the proposed budget includes funding for four new capital projects, three of which are related to actions required by the Consent Decree in the Orange County Coastkeeper lawsuit. Staff is also seeking Council direction regarding the prioritization of funding for proposed parks and open space capital projects. A summary of proposed budget adjustments is presented in Attachment 1. The Resolution to amend the Fiscal Year 2019-20 Operating and Capital Improvement Budget is presented in Attachment 2 . The Resolution to adopt the Seven-Year Capital Improvement Program for Fiscal Years 2019-20 through Fiscal Year 2025-26 is presented as Attachment 3. City Council Agenda Report June 4 , 2019 Page 4 of 21 DISCUSSION/ANALYS IS : General Fund General Fund Revenues The proposed General Fund revenue estimates (including transfers from other funds) are expected to increase by $2.7 million, primarily due to the second (and final) $3 million equity payment that the City expects to receive in July pursuant to the City's new cooperative agreement regarding the Prima Deshecha Landfill. Total General Fund revenues for Fiscal Year 2019-20 are projected to be $32.6 million. General Fund Revenue Summary Amended !1 l Adopted Proposed (2l Budget Budget Proposed Budget Description 2018/19 2019/20 Adjustments 2019/20 Property Taxes Sales Tax Other Taxes and Franchise Fees Revenue from Other Agencies Licenses, Fees and Permits Current Services Interest and Rents Fines and Forfeitures Other Revenue Landfill agreement funds (nonrecurring) Transfers In REVENUE TOT AL $10,755,000 8,799,000 2,775,000 919 ,990 2,050,015 829,000 523,090 1,012,000 74 ,000 3,000,000 848,733 $31,585,828 $ 11,265,000 8,846,000 2,822,000 869,000 3,066,000 855,000 471,000 990,000 74,000 659 ,000 $ 29,917,000 $ (64,000) (128,000) 124,000 20,000 (281 ,500) (13,000) 4,500 32,000 (11 ,000) 3,000,000 36,500 $ 2,719,500 $ 11,201,000 8,718 ,000 2,946 ,000 889 ,000 2,784 ,500 842 ,000 475 ,500 1,022 ,000 63 ,000 3,000 ,000 695 ,500 $ 32,636,500 <1 l This column reflects the Amended Budget as of the Third Quarter Financial Report approved by the City Council on May 21, 2019 . <2 l This column reflects the impact of the proposed budget adjustments presented in Attachment 1. Information about significant revenues of the City's General Fund is as follows (accompanied by the percentage that each revenue classification bears in relation to total revenues of the General Fund, including transfers from other funds): Property Taxes (34% of General Fund revenues) -Property taxes are the s ingle largest funding source for General Fund operations. The County collects property taxes in April and December. The projected property tax revenue for the Fiscal Year 2019-20 Adopted Budget was estimated based on an assumption that the City's assessed valuation will increase 5% annually because the City's assessed valuation has increased more than 5% per year over the last four years. However, the current economic outlook indicates that the residential market in South County may be slowing, as evidenced by reduced real property transfer taxes collected in recent months and a reduction in the number of home sales and the amount of the median home sale price for single family homes sold over the past twelve months. Staff proposes a reduction in the Fiscal Year 2019-20 property tax revenue estimate from a 5% increase over that of the prior year to a 4.5% increase to reflect the reduced home sales activity and reduced valuations currently experienced in the region. As a result, property tax revenue City Council Agenda Report June 4, 2019 Page 5 of 21 reflected in the 2019-20 proposed Budget Update is estimated at $11.2 million. This represents a reduction of $64,000 from the amount of property tax revenue that was reflected in the original adopted budget. Sales Tax (27%) -The second largest funding source for the General Fund is sales tax revenue. Based on the most recent sales tax projections provided by the City's sales tax consultant (Hdl, Inc.), the amount of sales tax revenue collected in Fiscal Year 2019-20 is expected to be $8. 7 million, $81,000 less than that reflected in the Fiscal Year 2018-19 Amended Budget and $128,000 less than that reflected in the Fiscal Year 2019-20 Adopted Budget. This reduction from prior year (Fiscal Year 2018-19) revenue levels is due to the fact that Fiscal Year 2018-19 sales tax revenues were artificially inflated. Because of the State's difficulties in implementing new software for its sales tax accounting and reporting system, certain sales tax revenues earned in Fiscal Year 2017-18 were not distributed to the City until Fiscal Year 2018-19, resulting in artificially high levels of sales tax revenue collected by the City in Fiscal Year 2018-19. Other Taxes and Franchise Fees (9%) -This category includes real property transfer taxes, business license taxes, transient occupancy taxes and franchise fees. Real property tax revenue is the most volatile revenue source in this category because it is driven by home sales within the city. The Fiscal Year 2019-20 Adopted Budget was estimated based on the average of actual real property tax revenue collected between Fiscal Years 2014-15 and 2016-17. However, as previously mentioned, residential home sales activity in all of the South County region is showing a slow down during the second half of Fiscal Year 2018-19 and the trend is expected to continue through the next fiscal year. Consequently, staff reduced real property transfer tax revenue by $56,000 in the proposed budget for Fiscal Year 2019-20. Staffs estimates for the amount of transient occupancy tax (TOT) revenue to be collected in the Fiscal Year 2019-20 Adopted Budget conservatively took into account revenue from only the two existing hotels. However, the Inn at the Mission is expected to open in February 2020. As a result, $136,000 of additional TOT revenue has been included in the proposed budget for Fiscal Year 2019-20 to reflect $100,000 from the new hotel, as well as $36,000 of additional revenue from the two existing hotels based upon increases in TOT revenue that has been received from those hotels in Fiscal Year 2018-19 to date. An adjustment has been proposed to also increase projected franchise fee revenue by $44,000 to reflect a 1 % increase from actual Fiscal Year 2018-19 revenues received to date. Revenue from Other Agencies (3%) -This category includes federal, state and focal grant revenues, as well as funds from the County of Orange for landfill host fees. On October 16, 2018, the City Council approved a new cooperative agreement with the County regarding the Prima Deshecha Landfill. Under the new agreement, the City will receive a minimum of $800,000 annually in host fees for each of the next ten years. An adjustment has been proposed to increase landfill host fee revenue by $20,000 to reflect this guaranteed minimum remittance of $800,000 for Fiscal Year 2019-20. Licenses, Fees and Permits (9%) -This category consists largely of fees charged to process building permits and fees collected to finance engineering, building and planning division reviews of development projects. This category also accounts for City Council Agenda Report June 4, 2019 Page 6 of 21 revenue from City sponsored events, community services programs and other fees. Due to delays in the timing of private development projects, staff is proposing a $588,000 reduction in the amount budgeted in the General Fund for engineering plan check, engineering map check and engineering inspection fee revenues. This reduction is partially offset by a proposed $306,000 reduction in the amount budgeted for contracted engineering map check services and engineering plan check services that will not be needed due to the reduced development activity. Although engineering related revenues are decreasing due to the delay of major development projects, planning and building permit revenues are expected to be $310,000 more than the amount that had been conservatively reflected in-the Adopted Budget for Fiscal Year 2019-20. This proposed adjustment will more accurately reflect current levels of other building activity (e.g., homeowner improvements) in the community. A $3,000 reduction in Community service program revenue for Fiscal Year 2019-20 has been proposed to reflect a more accurate assessment of such revenues based on expected and scheduled activity for Fiscal Year 2019-20. This reduction is partially offset by a proposed budget adjustment for contracted instructor payments in the amount of $1,300. Current Services (3%) -This category consists of revenue from other funds for their share of General Fund overhead costs. These charges are based on each fund's percentage of budgeted full-time salaries. Based on updated personnel budget allocations in the proposed budget for Fiscal Year 2019-20, revenues are projected at $842,000 ($13,000 lower than the adopted budget). Interest and Rents (1 %) -This category accounts for revenue generated from the investment of City funds and the renting of City properties. An adjustment has been proposed to reduce estimated revenues for facility rentals by $35,500 in Fiscal Year 2019-20 to be consistent with recent adjustments to revenue projections noted in the Second Quarter Financial Report for Fiscal Year 2018-19. In addition, investment income earned by the General Fund is expected to be $100,000 in Fiscal Year 2019-20 ($40,000 higher than that reflected in the adopted budget) due to improved performance of the City's investment portfolio. Fines and Forfeitures (3%) -These revenues are remitted to the City from the County and State for vehicle code violations, parking fines and Proposition 172 ('Y2 cent sales tax) funds dedicated to public safety. As a result, these revenues lag slightly behind those activities that generate the revenue. Based on the most recent sales tax projections provided by the City's sales tax consultant, public safety sales tax revenues for Fiscal Year 2019-20 are expected to be $301,000, $29,000 higher than that reflected in the Fiscal Year 2019-20 Adopted Budget. The amount of parking fines reflected in the proposed Amended Budget for Fiscal Year 2019-20 has been increased by $29,000 to reflect an uptick in recent trends noted in the collection of such revenue. Vehicle code fines have been declining over the last couple of years. Although the City budgeted $160,000 in vehicle code fines for Fiscal Year 2019-20, in Fiscal Year 2017-18 (the most recently completed fiscal year), the City only collected $138,000 in vehicle code fines and has collected only $111,000 for Fiscal Year 2018-19 to date. Consequently, staff has reduced the Fiscal Year 2019-20 revenue projection for vehicle code fines from $160,000 to $138,000 (a reduction of $22,000 from the adopted budget). Finally, other fines and forfeitures that the City receives from the County were also reduced City Council Agenda Report June 4, 2019 Page 7 of 21 from $5,000 in the Fiscal Year 2019-20 Adopted Budget to $1,000 in the Fiscal Year 2019-20 Proposed Budget based on the amount of average actual revenue collected between Fiscal Years 2015-16 and 2017-18. Other Revenue (less than 1 %) -These one-time revenues include miscellaneous receipts for sales of City property, damage to City property, community donations and various other reimbursements. These revenues typically fluctuate from year to year. Other revenues are projected to be $11,000 lower than that reflected in the Fiscal Year 2019-20 Adopted Budget primarily because the Friends of the Library made their final loan repayment to the City in Fiscal Year 2018-19 (one year earlier than expected): Landfill Agreement Funds (non-recurring) (9%) -Under the new cooperative agreement with the County regarding the Prima Deshecha Landfill, the County agreed to pay the City two one-time equity payments of $3,000,000 each. The City received the first equity payment in January. An adjustment has been proposed to increase revenues by $3,000,000 to reflect the second payment which is expected to be received in July. Transfers In (2%) -Transfers In represent amounts received from other funds of the City to reimburse the General Fund for costs paid by the General Fund that met the eligibility requirements associated with other funds. For Fiscal Year 2019-20, such reimbursement primarily pertains to costs paid by the General Fund for: public safety, senior mobility transportation, street maintenance, vehicle miles traveled program and the trolley program for summer and special events. Transfers In are increasing from the Fiscal Year 2019-20 Adopted Budget by $36,500 to reflect additional funding for the trolley program and funding for the new state mandated vehicle miles traveled program. General Fund Expenditures Revised projections for General Fund expenditures for Fiscal Year 2019-20 are projected to be $2.7 million higher than the amount that was reflected in the adopted budget. This $2.7 million increase consists primarily of a $3 million proposed appropriation to apply the funds expected to be received from the one-time landfill equity payment toward water quality projects. In addition, staff proposes a $269,000 reduction in the General Fund's operating expenditures budget in order to address the General Fund revenue reductions for Fiscal Year 2019-20 discussed above. This proposed reduction in budgeted operating expenditures reflects the result of numerous reductions in the planned spending of every operating department in order to bring the General Fund budget back into balance using only recurring revenues. The $3 million appropriation for water qualify projects is represented in the chart below in two components: ( 1) transfers to capital project funds in the amount of approximately $900,000 for water quality project expenditures planned for Fiscal Year 2019-20; and (2) $2.1 million appropriated to fund a reserve for water quality project expenditures in future fiscal years. All of the expenditure budget adjustments proposed for the General Fund are listed in Attachment 1 . City Council Agenda Report June 4, 2019 Page 8 of 21 General Fund Expenditure Summary Amended ( 1) Adopted Proposed (2) Budget Budget Proposed Budget Description 2018/19 2019/20 Adjustments 2019/20 City Council $ 143,285 $ 146,460 $ 3,565 $ 150,025 City Manager 1,678,685 1,775,055 (45,945) 1,729,110 City Attorney 1,077,000 706,000 706,000 City Clerk 610,030 623,795 11,200 634,995 Finance 1,564,965 1,637,495 (11 ,365) 1,626, 130 Public Safety 11J146,489 11,571 ,740 32 ,730 11,604,470 Community Services 2,252,265 2,267,340 (60,160) 2,207, 180 Development Services 2,680,530 2,684,770 (73,260) 2,611 ,510 Public Works/Utilities 7,931,028 8,037,275 (126,985) 7,910,290 Other 3,669,000 Transfers Out 397,950 400,380 890,690 1,291,070 EXPENDITURE TOT AL $33, 151,227 $ 29,850,310 $ 620,470 $ 30,470,780 Reserved for consent decree water quality projects 2, 111 ,000 2, 111,000 TOT AL EXPENDITURES AND FUNDING TO RESERVES $33, 151,227 $ 29,850,310 $ 2,731,470 $ 32,581,780 (1) This column reflects the Amended Budget as of the Third Quarter Financial Report approved by the City Council on May 21, 2019 . (2) This column reflects the impact of the proposed budget adjustments presented in Attachment 1. Fund Balance of the General Fund The spendable fund balance of the General Fund as of the end of Fiscal Year 2018-19 is projected to be $18.0 million, consisting of $2.1 million for future water quality project expenditures and $15.9 million for all other purposes: City Council Agenda Report June 4, 2019 Page 9 of 21 General Fund Summary Amended ( 1) Adopted Proposed (2) Budget Budget Proposed Budget Description 2018/19 2019/20 Adjustments 2019/20 Revenues $31,585,828 $29,917,000 $ 2,719,500 $ 32,636,500 Carryover of unexpended prior appropriations 1,717,000 Total revenues (including carryover funds) $33,302,828 $29,917,000 $ 2,719,500 $ 32,636,500 Expenditures 33, 151,227 29,850,310 620,470 30,470,780 Funding reserve for consent decree water 2,111,000 2,111,000 Total expenditures (including reserve) $33, 151,227 $29,850,310 $ 2,731,470 $ 32,581,780 Revenues over (under) expenditures $ 151,601 $ 66,690 $ (11,970) $ 54,720 Spendable fund balance, July 1 $15,616,212 $15,811,721 $ 15,878, 724 Revenues over/(under) expenditures 151,601 66,690 54,720 Adjustment for non-spendable prepaids 110,911 Adjustment for reserve for consent decree water quality projects 2,111,000 Spendable fund balance, end of period $15,878, 724 $15,878,411 $ 18,044,444 '1l This column reflects the Amended Budget as of the Third Quarter Financial Report approved by the City Council on May 21, 2019. '2 l This column reflects the impact of the proposed budget adjustments included on Attachment 1. Water Enterprise Operating Funds Domestic Water Operations Fund (Fund 60) The Domestic Water Operations Fund accounts for the mix of imported water and locally produced water (from the Groundwater Recovery Plant) that together support the sale of water to domestic system customers. The number of acre feet of water expected to be sold in Fiscal Year 2019-20 has been updated to reflect the quantity of water delivered to customers in the most recent twelve month period (through January 2019). As a result, the quantity of domestic (potable) water projected to be sold in Fiscal Year 2019-20 has increased from 7, 185 acre feet to 7 ,272 acre feet. This is a conservative projection of the amount of potable water expected to be sold in Fiscal Year 2019-20. Actual sales may be somewhat higher than that of the preceding twelve month period as a result of new commercial and residential development projects that are expected to be completed and placed into service after January 2019, including the last phase of the Pacifica San Juan residential development project that is currently in progress, and completion of the Inn at the Mission that is scheduled to be open for business in February 2020. In addition, the Fiscal Year 2019-20 annual production estimate for the Groundwater Recovery Plant (GWRP) is expected to decrease from 2,384 acre feet to 1,925 acre feet due to planned refurbishment of related wells and other reductions that reflect prudent basin management. The effect of revised projections for quantities of water expected to be sold have resulted in a proposed Fiscal Year 2019-20 budget adjustment that will increase revenues by $110,250. Of this amount, $195,000 is for increased water commodity City Council Agenda Report June 4, 2019 Page 10 of 21 revenue as a result of increased customer sales, which is partially offset by a reduction of $114,750 in grant revenues to be received from the Metropolitan Water District of Southern California (MWD) due to reduced GWRP production. A detail of the proposed revenue adjustments can be found in Attachment 1. Adjustments have also been proposed for the amount budgeted for expenses of the Domestic Water Operations Fund. Total proposed operating expense revisions will result in a net increase in expenses in the amount of $1.1 million. Due to increased sales and the reduction of GWRP production next year, imported potable water costs are expected to increase by approximately $811,000. Other significant cost increases include $120,000 for legal and consulting costs associated with the Utilities Reorganization Project and a proposed increase in the amount of funds to be transferred to the Domestic Water Capital Replacement Fund by $200,000 to set aside money to fund future capital projects. Further information regarding proposed expense adjustments is provided in Attachment 1. The Domestic Water Operations Fund's excess of revenues over expenses is projected to be $6.8 million in Fiscal Year 2019-20. After funding $640,000 for the final loan repayment to the Sewer Operations Fund and Sewer Capital Improvement Fund, $2.0 million of funds transferred to the Domestic Water Capital Replacement Fund and $3.0 million of funds transferred to the Water Debt Service Fund, the available fund balance of the Domestic Water Operations Fund is projected to be $3.1 million as of June 30, 2020. The following is a summary of the Proposed Budget of the Domestic Water Operations Fund for Fiscal Year 2019-20: City Council Agenda Report June 4, 2019 Page11of21 Domestic Water Operations Fund Summary Amended (1) Adopted Proposed (2) Budget Budget Proposed Budget Description 2018/19 2019/20 Adjustments 2019/20 Available Fund Balance, July 1 $ 988,117 $ 1,224,722 $ 1,802,583 Revenues Water Commodity Charges $15,368,000 $16,131,000 $ 195,000 $16,326,000 Customer Services Charges 5,263,000 5,263,000 5,263,000 Other Water Service Revenues 671,000 497,000 5,000 502,000 MWD Grant @ $250/af 475,000 596,000 (114,750) 481,250 · Investment Interest 25,000 5,000 25,000 30,000 REVENUE TOT AL $21,802,000 $22,492,000 $ 110,250 $22,602,250 Expenses Source of Supply $ 8,063,805 $ 8,331,245 $ 905,590 $ 9,236,835 Maintenance & Operations 4,121,495 4,440, 155 (137,565) 4,302,590 General & Administrative 1,966,739 1,914,434 181,511 2,095,945 Legal. 558,000 50,000 70,000 120,000 EXPENSE TOT AL $14,710,039 $14,735,834 $ 1,019,536 $ 15, 755,370 Revenues Over/(Under) Expenses before Transfers and Sewer Loan Repayment 7,091,961 7,756,166 6,846,880 Transfer Out-Water Debt Service Fund (3,042,360) (2,963,590) 11,200 (2,952,390) Transfer Out-Domestic Water Capital (1,760,135) (1,800,000) (200,000) (2,000,000) Replacement Fund Sewer Loan Repayment (1 ,475,000} {750,000} 110 ,000 (640,000) Net Increase (Decrease) in Available Fund 814,466 2,242,576 (78,800) 1,254,490 Balance Available Fund Balance - Before Sewer Loan $ 1,802,583 $ 3,467,298 $ 3,057,073 Year End Balance of Sewer Fund Loan (636,000) Total Available Fund Balance $ 1,166,583 $ 3,467,298 $ 3,057,073 (1) This column reflects the Amended Budget as of the Third Quarter Financial Report approved by the City Council on May 21, 2019. (2) This column reflects the impact of the proposed budget adjustments presented in Attachment 1. Non-Potable Water Operations Fund (Fund 66) Staff used the same methodology that was used to estimate potable water sales to estimate non-potable water sales. Therefore, the number of acre feet of non-potable water expected to be sold in Fiscal Year 2019-20 has been updated to reflect the quantity of water delivered to customers in the most recent twelve month period (through January 2019). The non-potable water projected to be sold in Fiscal Year 2019-20 has increased from 625 acre feet to 628 acre feet. This is a conservative projection of the acre feet expected to be sold in Fiscal Year 2019-20. Actual sales could be somewhat higher than that of the preceding twelve month period as a result of service conversions from potable to non-potable water service. The effect of revised projections for quantities of water expected to be sold have resulted in a proposed Fiscal Year 2019-20 budget adjustment that increases projected revenues by $7,000. Of this amount, $5,000 is for increased water commodity charges due to increased customer sales. A detail of the proposed revenue adjustments can be found in Attachment 1 . City Council Agenda Report June 4, 2019 Page 12 of 21 Adjustments have also been proposed for the amounts budgeted for expenses of the Non-Potable Water Operations Fund. Total proposed operating expense revisions will result in a net increase in expenses by approximately $90,000. The most significant cost increase is to provide $230,000 of additional funding to the Non-Potable Capital Improvement Fund to set aside money to fund future capital projects . This cost increase is partially offset by a reduction of $128,000 for imported recycled water costs due to increased production from the City's non-potable wells. Further information regarding the proposed expense adjustments is provided in Attachment 1. The Non-Potable Water Operations Fund's excess of revenues over expenses is projected to be approximately $631,000 in Fiscal Year 2019-20. After funding $630,000 in transfers to the Non-Potable Water Capital Improvement Fund, the available fund balance of the Non-Potable Water Operations Fund is projected to be approximately $239,000 as of June 30, 2020. The following is a summary of the Proposed Budget of the Non-Potable Water Operations Fund for Fiscal Year 2019-20: Non-Potable Water Operations Fund Summary Amended ( 1) Adopted Proposed (2) Budget Budget Proposed Budget Description 2018/19 2019/20 Adjustments 2019/20 Available Fund Balance, July 1 $ 110,233 $ 99,496 $ 238,864 Revenues Water Commodity Charges $ 945,000 $ 993,000 $ 5,000 $ 998 ,000 Customer Services Charges 72,000 72,000 72,000 Other Water Service Revenues 4 ,000 1,000 1,000 2,000 MWD Grant@ $150/af 13,500 Investment Interest 1,000 1,000 REVENUE TOT AL $ 1,034,500 $1,066,000 $ 7,000 $ 1,073,000 Expenses Source of Supply $ 415,709 $ 488,849 $ {117,249) $ 371,600 Maintenance & Operations 78,075 80,755 (21,135) 59,620 General & Administrative 12,085 12,855 p,655~ 11 ,200 EXPENSE TOT AL $ 505,869 $ 582,459 $ (140,039) $ 442,420 Revenues Over/(Under) Expenses before Capital Project Funding 528,631 483,541 630,580 Transfer Out-Non-Potable Water Capital (400 ,000) (400 ,000) (230,000) (630,000) Improvement Fund Net Increase (Decrease) in Available Fund 128,631 83,541 (230,000) 580 Balance Total Available Fund Balance $ 238,864 $ 183,037 $ 239,444 (1) This column reflects the Amended Budget as of the Third Quarter Financial Report approved by the City Council on May21, 2019 . (2) This column reflects the impact of the proposed budget adjustments presented in Attachment 1. City Council Agenda Report June 4, 2019 Page 13 of 21 Sewer Operations Fund The proposed Fiscal Year 2019-20 budget for the Sewer Operations Fund includes adjustments to reduce revenues by $48,500 and reduce expenses by approximately $768,500. The reduction in expense projections is primarily due to the application of $1 million of Fiscal Year 2018-19 budget savings for the City's share of capital contributions due to the South Orange County Wastewater Authority (SOCWA) that will be utilized to address Fiscal Year 2019-20 costs. This benefit is partially offset by a $231,500 projected increase in other operating costs. Further information regarding the proposed expense adjustments is provided in Attachment 1. A summary of the impacts of proposed budget adjustments to the Sewer Operations Fund is as follows: s 0 • f F dS Amended ( 1) Adopted Proposed (2) Budget Budget Proposed Budget Description 2018119 2019/20 Adjustments 2019120 Available Fund Balance, July 1 $ 6,297,712 $ 3,301,370 $ 6,394,053 Revenues Sewer Service Charges $ 3,732,000 $3,732,000 $ $ 3,732,000 Investment Interest 15,000 5,000 9,000 14,000 Other Interest 7,500 5,000 (2,500) 2,500 Loan Repayment from Water Operations Fund 737,500 375,000 {55,000} 320,000 REVENUE TOT AL $ 4,492,000 $ 4,117,000 $ (48,500) $ 4,068,500 Expenses Maintenance & Operations $ 3,208,424 $ 3,058,794 $ 228,821 $ 3,287,615 General & Administrative 187 ,235 193,575 2,720 196,295 EXPENSE TOTAL $ 3,395,659 $ 3,252,369 $ 231,541 $ 3,483,910 Revenues Over/(Under) Expenses -before 1,096,341 864,631 584,590 capital Transfer Out-Capital Replacement Fund (1,000,000) (2,500,000) 1,000,000 (1,500,000) Revenues Over/(Under) Expenses -after capital 96,341 (1,635,369) (915,410) Available Fund Balance, End of Period $ 6,394,053 $1,666,001 $ 5,478,643 (1) This column reflects the Amended Budget as of the Third Quarter Financial Report approved by the City Council on May 21, 2019. (2) This column reflects the impact of the proposed budget adjustments presented in Attachment 1. Seven-Year Capital Improvement Program (CIP) With each budget cycle and periodically as circumstances warrant, the City of San Juan Capistrano evaluates its capital project needs and adjusts the amounts that are planned for expenditure under its Capital Improvement Program for the succeeding seven year period. A number of adjustments to the Fiscal Year 2019-20 capital budget have been proposed as a result of delays in the receipt of development fees that provide the primary source of funding for the City's capital projects, and add certain water quality City Council Agenda Report June 4, 2019 Page 14 of 21 projects that the City is required to complete in the Eastern Open Space area pursuant to the Consent Decree associated with resolution of the Coastkeeper lawsuit. Staff recommends reducing CIP appropriations for Fiscal Year 2019-20 by $2.8 million as summarized in the chart below: Project Name Project Number Proposed Spending Adjustments for Existing Projects South Orange County Wastewater Authority PC #2 & PC #5 Meredith Canyon Street Pavement Rehabilitation Camino Capistrano Pavement Rehabilitation San Juan Hills Greens Cathodic Protection System Valve Insertion Program Well Facility Equipment Replacement Program Annual Recycled Water Service Conversions Project Proposed Projects to Delay 7701 19101 19102 17801 17803 17807 20601 Citywide Playground Upgrades (Delayed to Fiscal Year 2020-21) 9203 2.4 Acre Site (adjacent to Reata Park) 20201 (Delayed to Fiscal Year 2020-21) 760S Zone Pump Station Discharge Line Replacement 17802 (Delayed to Fiscal Year 2020-21) Trampas Canyon Recycled Water Reservoir 17601 (Delayed to Fiscal Year 2020-21) Calle Arroyo Recycled Pipeline (Delayed to Fiscal Year 2020-21) 18601 Proposed Projects to Unfund (Remove from the Seven-Year CIP) New Hydraulic Capital Project #6 Proposed New Projects Confined Animal Feeding Operations (CAFO) Stormwater Treatment System Stream Bank Restoration Arizona Crossing Removal Safety Access Stair and Platform System Public Right-of-Way ADA Implementation Plan 7703 20501 20203 20202 20802 20102 Increase (Decrease} in Fiscal Year 2019-20 CIP Expenditures $ (200,000) 200,000 (450,000) 165,000 100,000 85,000 146,000 (120,000) (200,000) (800,000) (5,000) (324,000) (2,460,000) 565,000 195,000 129,000 120,000 25,000 Total Impact on Fiscal Year 2019-20 CIP Expenditures $ (2,829,000) Significant capital project adjustments summarized above are described in greater detail as follows: • The primary funding source for park projects are park in lieu fees that are paid by private developers. As a result of delays in the timeline of private development projects, at the beginning of Fiscal Year 2019-20, there will be $348,000 less funding available for park projects than had been anticipated in the originally City Council Agenda Report June 4, 2019 Page 15 of 21 adopted budget for Fiscal Year 2019-20. As a result, staff proposes to delay funding for the Citywide Playground Upgrades Project (GIP 9203) and the 2.4 Acre Site Project (located adjacent to Reata Park). Funding for these projects has been proposed to be delayed until Fiscal Year 2020-21. • In September 2018, the City entered into a consent decree to resolve the Orange County Coastkeeper v. City of San Juan Capistrano and Blenheim Facility Management, LLC lawsuit. As a result of the consent decree, the Fiscal Year 2019-20 proposed GIP plan adds to the City's Seven-Year CIP three new capital projects that are set forth in the table below. Three million dollars (of ·the $8.4 million estimated project costs) from the final payment associated with the new landfill agreement is proposed to be set aside as partial funding for the improvements . The remainder could be funded by a combination of sources, including recoveries from responsible third parties, future operators of the Riding Park, possible grant funding and General Fund reserves. The distribution of funding from these sources is not determinable at this time. A summary of these projects is set forth below: Water Quality Projects Fiscal Year 2019/20 Description Costs Future Costs Total Costs Confined Animal Feeding Operations $ 565,000 $ 5,575,000 $ 6, 140,000 Stormwater Treatment System Stream Bank Restoration 195,000 1,600,000 1,795,000 Arizona Crossing Removal 129,000 365,000 494,000 EXPENDITURE TOT AL $ 889,000 $ 7,540,000 $ 8,429,000 • Similar to the parks and open space capital projects, the Camino Capistrano Pavement Rehabilitation Project (from Aeropuerto to Costco) (CIP 19102) has a temporary cash flow challenge. Like park and open space projects, the funding for this project is fees (in this case, System Development fees) that are paid by private developers. The delay in certain residential development projects has created delays in the collection of these revenues. As a result, the Fiscal Year 2019-20 budget for this project has been reduced from $900,000 to $450,000. • The Utilities Department has reprioritized the funding for domestic and non- potable water capital projects. Staff is recommending delaying the following projects until Fiscal Year 2020-21: 760S Zone Pump Station Discharge Line Replacement Project (GIP 17802); Calle Arroyo Recycled Pipeline Project (GIP 18601 ); and Trampas Canyon Recycled Water Reservoir (GIP 17601 ). In addition, to enhance safety for personnel working in the GWRP, staff is requesting $120,000 to fund a new project in Fiscal Year 2019-20, the Safety Access Stair and Platform System Project (GIP 20802). City Council Agenda Report June 4, 2019 Page 16 of 21 • City Council approved cancellation of Hydraulic Capital Project No. 6 (CIP 7703) with approval of the Third Quarter Financial Report's budget adjustments on May 21, 2019. As a result, the proposed budget for Fiscal Year 2019-20 eliminates the remaining funding for this canceled project in the amount of $2.5 million. Attachment 3 represents the Resolution to approve the Seven-Yea~ Capital Improvement Program for Fiscal Years 2019-20 through 2025-26, summarized as follows: Project Fiscal Year (1> Expenditures 2019-20 $ 10, 194,040 2020-21 18,308,420 2021-22 15,037,780 2022-23 14,058,000 2023-24 7,412,000 2024-25 9,124,000 2025-26 8,313,000 TOTAL $ 82,447,240 (1l The Fiscal Year 2019-20 project expenditures have been appropriated as part of the Fiscal Year 2019-20 Operating and Capital Budget. A modified version of the Seven-Year Capital Improvement Program for Fiscal Years 2019-20 through 2025-26 is included at Attachment 4 in order to meet the requirements of the Measure M2 program of the Orange County Transportation Authority. This version of the Seven-Year Capital Improvement Program includes costs associated with the City's senior mobility program and summer trolley program that are not capital expenditures for budgetary purposes. Approval of this document is required in order to continue to receive Measure M2 transportation funds. Parks and Open Space Capital Projects The current seven-year Capital Improvement Projects (GIP) budget includes funding for several parks and open space projects. Some of these projects are in various stages of planning, design and construction, while others are slated to occur in future years pending receipt of funding, which is speculative and largely based on the timing of private development activity. Additionally, there are projects in the current CIP budget that may no longer be viable, desired or cost effective. Alternatively, over the past year other potential project concepts have emerged that the City Council may wish to consider adding to the GIP budget using the City's limited funding. At tonight's meeting, staff will provide the City Council with an overview of upcoming and potential future projects, and provide options for the City Council's consideration that will help focus City resources on accomplishing the most critical projects in the next two to three years. Staff's presentation of options will include a discussion on proposed new parks and open space projects that can be started as early as Fiscal Year 2019-20, and will be seeking City Council direction on possible funding sources for those projects, which City Council Agenda Report June 4, 2019 Page 17 of 21 could include available cash on hand, designating certain Fiscal Year 2019-20 revenues for a particular project, partnering with private landowners or other public agencies, and canceling the funding for projects in the City's current CIP budget that have not yet begun in order to make funds available for projects determined to be a higher priority. Establishment of the Appropriations Limitation for Fiscal Year 2019-20 Article XIII of the California State Constitution requires that local governments establish a limitation on the amount of proceeds of taxes that may be appropriated for spending. It is the City's responsibility to calculate the annual appropriations limit using a methodology established by state statute. The previous fiscal year's limit is increased by a unifying factor that takes into account changes in population as well as inflation. For the inflation factor, cities may choose either the change in the measurement of California Per Capita Personal Income (CCPI) or the change in the amount of the City's assessed valuation that is due to non-residential construction. For the population factor, cities can select either the change in population for the city or that of the county. The choice of each of these factors is made by an annual election of Council by means of a resolution. Based on the foregoing methodology set forth in state law, the appropriations limitation for Fiscal Year 2019-20 has been determined to be $84,237,651 (Exhibit A of Attachment 5). The City's budgeted expenditures for Fiscal Year 2019-20 that are funded by proceeds of taxes as defined by state law are significantly below the limit and, therefore, the City's Fiscal Year 2019-20 Budget is in compliance with the State Constitution with respect to this matter. Approval of Property Tax Rates for Voter-Approved Bonded Indebtedness On November 4, 2008, voters approved Measure Y, which provided $30 million in bond funding for the acquisition, preservation, enhancement and improvement of land to protect and preserve open space, natural areas, creeks and streams, historic areas, undeveloped hillsides, natural ridges and to provide additional recreational amenities, such as bike and walking trails, equestrian facilities, parks and sports fields. Pursuant to Measure Y, $30 million in bonds were issued under this measure in January 2010. In February 2017, the City issued taxable refunding bonds to refinance the original bonds. The City must annually establish the ad valorem tax rate that is necessary to fund the annual installments of principal and interest that are associated with voter-approved bonded indebtedness (general obligation bonds). The calculation for this tax rate takes into account the debt service requirements for the year in question, as adjusted for any excess/deficit reserve in the Debt Service Fund, in order to determine the amount that is needed to be collected from the ad valorem tax levy to fully fund debt service on the general obligation bonds of the City. Once that amount is determined, it is then divided by the estimated amount of secured assessed valuation applicable to the fiscal year in question to arrive at the tax rate for the levy. Upon approval by Council, the County of Orange is notified of the approved rate for placement on the property tax roll. The ad valorem tax rate for the City's voter-approved debt for Fiscal Year 2019-20 is $0.02252 . per $100 of assessed valuation (Attachment 6). City Council Agenda Report June 4, 2019 Page 18 of 21 Staffing Due to the recent transition of the Assistant City Manager position and the retirement of a long-tenured Engineering Technician, staff has reviewed current and projected work assignments and is recommending two minor reclassifications at this time to more effectively match personnel resources and job descriptions with the work to be performed, without increasing the budgeted expenditures of the City. Some of the responsibilities of the Management Analyst in the City Manager's Department include: budget preparation and monitoring, oversight of information technology, assistance with emergency management duties and support for public information activities. The prior Assistant City Manager had the primary role related to emergency management and public information responsibilities, and the Management Analyst will be assuming added duties in these areas, in addition to taking over supervision of the part-time Emergency Services Manager. To recognize these added, higher level duties, it is recommended that the Management Analyst position be reclassified to Senior Management Analyst and that the incumbent be placed in the new position, effective July 1, 2019. The other Analyst positions in the organization -in Development Services and Public Works & Utilities -are all staffed at the Senior Analyst level. Funding for this reclassification would come from salary savings associated with the vacancy of the part-time Project Manager position in the City Manager's Department. With the recent retirement of an Engineering Technician, staff has reviewed the customer service public counter needs and is recommending that two current classifications, Engineering Technician and Planning Technician, which perform similar functions within their specific areas, be combined into one classification, Engineering and Planning Technician (Attachment 7, Exhibit A). Both of the current Technician job classifications are at salary grade 42 and it is recommended that the new classification remain at that same grade. Accordingly, this reclassification will have no fiscal impact. This adjustment will provide the departments with additional flexibility to meet the changing work demands that occur at any given time. The attached resolution would approve this new classification and associated job description, authorize the filling of a position and approve a change to the salary table to include the new position, as well as the addition of certain existing classifications that had been inadvertently omitted from prior salary tables (Attachment 7, Exhibit B). Investment Policy As a part of the financial review associated with the budget process, the Chief Financial Officer and the City's investment advisor (Chandler Asset Management) evaluated the City's investment policy. Attachment 9 to this agenda report reflects the proposed revised investment policy that resulted from this evaluation. The changes reflected in the revised policy include adding language to clarify that the restrictions for asset- backed securities (ABS) only apply to securities not issued by the U.S. Government or U.S. Agencies, adding a section for prohibited investments, adding language that excludes nonnegotiable certificates of deposit from the diversification limitations set forth in the policy and adding a glossary to define key terms. City Council Agenda Report June 4, 2019 Page 19 of 21 Purchasing Ordinance and Policy The purchasing ordinance and policy have been updated to conform to recent changes in state and federal law with respect to procurement. Certain other changes are being proposed to clarify and elaborate on the purchasing requirements, allow for informal price quotes in lieu of formal requests for proposals in certain circumstances and increase the threshold required for competitive bidding for all procurement of the City from $3,000 to $10,000 to correlate to changes that went into effect this year for procurement involving federal funds. Law Enforcement Services Agreement with County of Orange The Five-Year Law Enforcement Services Agreement (Agreement) with the Orange County Sheriff's Department (OCSD) was initiated on July 1, 2015, and will terminate on June 30, 2020 (Attachment 14). This Agreement requires that the County submit a proposed staffing level and financial obligation update each year to the City for approval. OCSD has submitted the Fourth Amendment to the Agreement for Council approval for the period of July 1, 2019, to June 30, 2020 (Attachment 15). The cost of law enforcement services for Fiscal Year 2019-20 as estimated in the Amendment is $10,494,404, which is a 1.8% increase compared to the Fiscal Year 2018-19 revised estimate of $10,313,859. The amount budgeted for contracted law enforcement services as set forth in the Fiscal Year 2019-20 Adopted Budget provides sufficient funding for this amendment, as well as an anticipated increase due to increases in certain salary and benefit costs that are currently being negotiated by the County of Orange for Fiscal Year 2019-20. The amount of the salary increase is expected to be known by mid-year in Fiscal Year 2019-20 and would likely be retroactive to July 1, 2019. The Fiscal Year 2019-20 direct staffing level of 30 full-time OCSD employees is the same as that for Fiscal Year 2018-19. The following chart depicts the City's dedicated law enforcement staffing resources: QUANTITY DEDICATED POSITIONS 1 Lieutenant 5 Sergeant (4 Patrol+ 1 Administrative) 2 Investigator 15 OS II Patrol 2 OS 11 Motorcycle 1 DS II Community Support 1 DS II -DET OS II • Extra Help 27 Subtotal Safety 2 Community Services Officer 1 Crime Preve ntion Speci<:1fiSt 3 Subtotal Profes5ional 30 TOTAL City Council Agenda Report June 4, 2019 Page 20 of 21 The City also shares law enforcement resources with other South Orange County cities . In Fiscal Year 2019-20 the City will share resources of 17.90 full-time employees, the same shared staffing allocation as that for Fiscal Year 2018-19. The following chart depicts the City's shared law enforcement staffing resources : QUANTITY REGIONAL I SHARED STAFF % ALLOCATION 0 .6 Traffic -Sergeant 6 .61% 4 Traffic -Deputy Sheriff II 6 .61% 2 Traffic -Investigative Assistant 6 .61% 1 Traffic -Office Specialist 6 .61% 0.3 Auto Theft -Sergeant 4 .84% 2 Auto Theft -Investigator 4 .84% 1 Auto Theft -Investigative Assistant 4.84% 1 Auto Theft -Office Specialist 4.84% 1 DET -Sergeant 12 .19% 1 DET -Investigator 12 .19% 1 Subpoena -Office Specialist 6.92 % 2 Courts -Investigative Assistant 21.54% 1 Motorcycle Sergeant+ MDC 6.45% 17.90 TOTAL In addition to these resources, OCSD provides the City with specialized resources, such as, Special Weapons and Tactics (SWAT), Mounted Enforcement Units, Homicide Investigation Unit and Specialized Investigation Units focused on areas such as economic crimes and gang suppression. Included in the Amendment is a minor reorganization of staffing assigned to the City to better utilize personnel. Two part-time extra help positions are being eliminated. A part- time Cadet Position is being added to address the duties currently performed by the extra help personnel. A Crime Prevention Specialist is being reclassified to Staff Specialist. The cost of these changes are expected to be funded by the eliminated positions and overtime credits. FISCAL IMPACT: The fiscal impact of the Proposed Operating and Capital Budget for Fiscal Years 2019- 20 on each fund of the City is summarized in Attachment 2. The fiscal impact of the Proposed Seven-Year Capital Improvement Program for Fiscal Years 2019-20 through 2025-26 is summarized in Attachment 3. ENVIRONMENTAL IMPACT: Not applicable . City Council Agenda Report June 4, 2019 Page 21 of 21 PRIOR CITY COUNCIL REVIEW: On June 11, 2018, Council approved the Fiscal Year 2018-19 and 2019-20 Operating and Capital Improvement Budgets and adopted the Seven-Year Capital Improvement Program for Fiscal Years 2018-19 through 2024-25. COMMISSION/COMMITIEE/BOARD REVIEW AND RECOMMENDATIONS: • On May 28, 2019, the Planning Commission determined that the Proposed Seven-Year Capital Improvement Program for Fiscal Years 2019-20 through 2025-26 is consistent with the City's General Plan. NOTIFICATION: Not applicable. ATIACHMENTS: Attachment 1 -Summary of Proposed Budget Adjustments Attachment 2 -Resolution Amending the Fiscal Year 2019-20 Operating and Capital Budget Attachment 3 -Resolution Adopting the Seven-Year Capital Improvement Program for Fiscal Years 2019-20 through 2025-26 Attachment 4-Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2019-20 through 2025-26 Attachment 5 -Resolution Establishing the Fiscal Year 2019-20 Appropriations Limitation Attachment 6 -Resolution Establishing the Property Tax Rate for the Open Space (Measure Y-2008) General Obligation Bonds, Series 2017 for Fiscal Year 2019-20 Attachment 7 -Resolution Amending the City's Personnel Classification and Compensation Plans Attachment 8 -Revised Investment Policy (red-lined) Attachment 9 -Revised Investment Policy (clean) Attachment 10 -Purchasing Ordinance (red-lined) Attachment 11 -Purchasing Ordinance (clean) Attachment 12 -City Council Policy No. 126 (red-lined) Attachment 13 -City Council Policy No. 126 (clean) Attachment 14 -Five-Year Agreement for Law Enforcement Services Attachment 15-Fiscal Year 2019-20 Law Enforcement Services Agreement GENERAL FUND -01 City of San Juan Capistrano FY 2019/20 PROPOSED BUDGET ADJUSTMENTS Description Second equity payment from County of Orange per cooperative agreement regarding the Prima Deshecha Landfill approved by City Council on October 16, 2018, offset by capital project funding Revenue Adjustment an d reserve for future consent decree water quality projects J. Consolidate report ing for landfill host fees -reduce "trash importation fw" 3,000,000 (200,000) 200,0.2.SJ Consolidate reporting for landfill host fees --increase "landfill host fees" Transi entoccupancy taxes based onFiscal Year 2018/19 activity and anticipated n ew revenue from the Inn at the Miss io n opening in February 2020 Sales tax revenue basedon updated estimate provided by City's consultan~ Hdl, Inc. Property ta x revenue-based on reducing estimate Of increase-in assessed va luation from 5% to 4.5% Real property transfer tax based on Fiscal Year 20ls/19 activity Franchise fees for: electrical, gas, cable TV, refuse, _and ~ideo Investment income Rentals for : facilities, parks, gym nasium, and athletic fields Public safety tax revenue based on updated estimate provided by Oty's consUitant;-HF,1nc. Parking fine s -------·--- Vehicle. code fines Landfill host fee revenue from County of Orange per cooperative a·greemen-t regarding the Prima · Deshecha Landfill approved by City Council on October 16, 2018 Final l~an repayment from Friends of the Library, which was received during Fiscal Year 2018/19 Other fines and forfeitures revenues ---- Adtustments to Personnel Costs: Reduction in Administrative Overhead Charges to Other Funds due to revised personnel staff allocations Revise Administrative Coordinator positi on to Office Assistant position (Community Services Department) Revise Administrative Coordinator position to Office Assistant position (City Manager Department) ReviSe Senior Permit Techn ician position to Permit Technician position (Development Services Department) lricreased automobile allowance for employees· in the Management and ProfessionarEmployees Association per agreement approved by City Council on June 11, 2018 Other personnel budget changes due to the reallocation of staff ff me from other funds and adjustments to health insurance and retirement costs as described in the "Insurance and Benefits Fund" section Adjustments to Contracted Services : Adjustment to engineering perm ii:-revenues to reflect statrs updated development projections, offset by reduction in contracted engineering services Adjustment to plannlng and build ing permit revenues to reflect staff's updated development projections __ _ Additional funding for minor street repairs Reduction of storm drain maintenance contract based on Fiscal Year 2018/19 activity Supplemental law enforcement services for Swallows Day Parade Summer and special event trolley program, offset by reimbursement from the Grants Fund (for Project V grant) and AQMD Fund Increased rates for concrete, sidewalk, and curb and gutter maintenance per new agreement Traffic co nsultant for new mandated vehicle miles traveled (VMT) program, partially offset by fundi!)_g_!rom AQ~D Fund Blight abatement activities Increased rates for sidewalk, curb, and gutter repairs_per new agreement One additional crossing guard 136,000 (128,000) (64 ,000) (S6:0oo) 44,000 40,000 (35,5oai- 29,ooo 29,000 (22,000) 20,000 (10,000) (4,000) iJ.3,000) (587 ,500) 310,000 31,000 4 ,500 $ Expenditure Adjustment {39,773 ) (36,5501 {19,93?) 3,360 19,500 (306,055) (22,100) 87,50Q (69,000) 45,000 24,000 20,000 12,500 10,000 ATTACHMENT 1 -Page 1of8 City of San Juan Capistrano FY 2019/20 PROPOSED BUDGET ADJUSTMENTS 1 ~ Revenu e Expenditure Description Adjustment Adjustment GENERAL FUND -01, {CONTINUED} Maintenance for Sun Ranch drainage and access road (not included in Fiscal Year 2019/20 Adopted Budget) 10,000 --Reduce consultant payment for ~D street light con_versi on p roject per actual agreement ---(S,a9si Repaint and refinish playground structure at Los Rios Park --5 ,325 Red uc.iion"fo r City's share of 800 mhz contract costs per updated information from County of Orange -------(s,o_oqi Enhancements t o media n located at Del Obispo Street and tra in tracks 5,000 Demo lition of f ence at Sp orts Pa r k (V ia Positlva street) 5,000 -Increased ra t es for traffic signa l _m ainte~a~e costs p er new agreement --4,600 Reduction for City's share of fingerprinting costs per updated information from County of Orange (4,0 00) Re duction in CapiSt rano Unified Sc hool District's share -of roller hockey facility revenue based on - Fiscal Year 2019/20 revenue (2,000) Adjustment to contract classes revenue based on staff's updat'e'd projections, offset by contractor instructor pay m ents --------(2,000) --(1,300) Othe r Adiustments: Adjustment to internal service fund allocations for: general and property ins u ra nce, facility - maintena nce, fleet m aintenance, and I nformation and techno logy costs -(71,365 )_ Adj ustment to water based on actual usage for last twelve month-;---37,545 Ad justment 't; e~tr icity costs ba 5;d on actu al usage for last twelve~onths --------(25,225) Eliminate funding for parking citation books -(4,200) Transfer C.ASP. program t ra i ni ng for staff t o new progra m fund -(3,700) Adjust General Fund subsidy to Parking Maintenance Fund based on the Parking Maintenance Fund's 2019/20 proposed budget 1,690 -Other revenue adjustments (2,0 0 0) (1,950) TOTAL GEN ERAL FUND :Z,71'9 ,500 2,731,470 PARKING MAINTENANCE FUND -mu.•''~' ---... - Reallocation of staff time from other funds, offset by additional reimbursement from General Fund 1,690 1,745 TOTAL PARKING MAINTENANCE FUND 1,690 1,745 SACRALHOUSING ·AUTHORITY ADMINISTRATION FUND Rental of Lower Rosan Ranch property '"M -------____ 45;q_o l?_ - ----Investment interest based on Fiscal Year 2018/19 actual activity 800 Legal and engineering costs for the Lower Rosan Ranch and DowntoWri""properties, which will be funded from future property sale proceeds 45,000 Reduction in reimbursement from Successor Agency to reflect staff time that will be funded from future property sale proceeds --_(~4,4 10)_ --- Realloca t ion o f staff time-from other funds, offset by additi'onal re imbursement from the Successor Agency and Housing Authority 17,855 17,855 TOTAL SACRA/HOUSING AUTHORITY ADMINISTRATION FUND 29,245 62,855 FORFEITED CONSTRUCTION & DEMOLITION (C&D} BONDS FUND Minor adjustment to staff allocation costs 5 TOT Al FORfETIEO C&D BONDS FUND . 5 CERTIFI ED ACCESS SPECIALIST PROGRAM (C .A.S .P.} FUND C.A.S.P. program training 8,700 TOTAL C.A.S.P. PROGRAM FUND -8 ;700 ATTACHMENT 1 -Page 2 of 8 City of San Juan Capistrano FY 2019/20 PROPOSED BUDGET ADJUSTMENTS Revenue bpendlture Desaiptlon Adjustment Adjustment SYSTEMS DEVELOPMENT FUND Reduce systems development tax and fee revenue to reflect staff's updated development projections (the expected timing of the Distrito La Novi a and Tirador projects were delayed) ~-... (28?,000) -· ReC!Uc:e· Fiscal Year 2019/2'0"foncllng fo r Camino Capistrario Pavement Rehabilitation Projecf(CIP 19102) (450,000) TOTAL SYSTEMS DEVELOPMENT FUND (285,000) (450,000) PARK AND RECREATION FEES FUND Developer contribution from Vermeulen project to be used to fund parks and open space capital projects 2,000,000 ------- Reduce park and recreation developer impact fee revenue to reflect staff's updated development projections (the expected timing of the Distrito La Navia and Tirador projects were delayed) (1,780,000) -Adjust investment income based on Fiscal Yea_r.2018/19 activity -(4,000) Elim~r:ate Fiscal Year 2019/20 funding _f~r:_Citywide Playground UJ'.lgr_ades Project (CIP 9203) (120,000) Eliminate Fiscal Year 2019/20 funding for 2.4 Acre Site Project (adjacent to Reata Park) (CIP 20201) (200,000) l"OT Al.PARK MID RECREATION FEES FUND 216,000 (320,000) DRAINAGE FEES FUND Reduce drainage developer impact fee revenue to reflect staff's updated development projections (the expected timing of the Distrito La Navia and Tirador projects were delayed) (34,000) TOTAL DRAINAGE FEES FUND (34,000) - AGRICULTURAL PRESERVATION FEES FUND Reduce agricultural preservation fee revenue to reflect staff's updated development projections (the expected timing of the Distrito La Navia and Tirador projects were delayed) (98,000) -Adjust investmenfincome based on FiscalYear 2018719 activity 5,000 TOTAL AGRlcutTURAL PRESERVATION FEES RJND (93,000) - LANDSCAPE MAINTENANCE DISTRICT FUND Adjustment to water based on actual usage for last twelve months 7,090 Refinish Mission Springs sign 4,000 Adjustment to landscape maintenance contract based on actual costs -(1,875) TOTAL LANDSCAPE MAINTENANCE DISTRICT FUND -9,215 FARM OPERATIONS FUND License agreement fee for Christmas Tree Farm (not included in Fiscal Year 2019/20 Adopted Budget) 12,000 --Adjustment to water based on actual usage for last twelve months (5,410) Other adjustments 1,000 (10) TOTAL FARM OPERATIONS FUND 13,000 (5,420] CDBG/HOME FUND Adjust investment income based on Fiscal Year 2018/19 activity 1,095 Reallocation of staff time to other funds (630) TOTAL COBG/HOME FUND 1,095 (630) GAS TAX FUND Revise Gas Tax revenues based on updated information obtained from the State in January 2019 32,000 Adjust investment income based on Fiscal Year 2018/19 activity 3,000 Increase Fiscal Year 2019/20 funding for Meredith Canyon Street Pavement Rehabilitation Project ----- (CIP 19101) 195,000 ----Funding for new project, Public RighT-of Way ADMmplementatlon Plan (CIP 20102) 25,000 TOTAL GAS TAX FUND 3S,000 220,000 ATTACHMENT 1 -Page 3 of 8 CCFP FUND City of San Juan Capistrano FY 2019/20 PROPOSED BUDGET ADJUSTMENTS Description Reduce CCFP revenue to reflect staff's updated development projections (the expected timing of the Oistrito La Novia and Tirador projects were delayed) Adjust investment income based ori FlscarVear 2618/19 a-ctivTty TOTAL CCFP FUND EASTERN OPEN SPACE FUND Water for Riding Park (not included in Fiscal Vear 2019/20 Adopted Budget) Adjustm~nt to water, for Re ata Pa r k ba s~-d ~n actua'f'usage for la st twelve morlths -~ Reallo cation of staff time from other funds TOTAL EASTERN OPEN SPACE FUND S.O.N.G.S. FUND Redu ction in employee benefit charges Additioriai funding for emergency preparedness supplies TOTAL S.O.N.G.S. FUND AQMDFUND AB 2766 Fees Investment Interest Trolley Prog ram for Summe r a nd 'SPe ci'a l Events (tnatch or OCTA Measure M2 Grant) Senior Mobi lity Transportation Program (match for OCTA Measure M2 Grant) Mandated Vehicle Miles Traveled (VMT) Program TOTAL AQMD FUND MEASURE M TURNBACK FUND Adjust Measure M sales ta x revenues based on Fiscal Vear 2018/19 activity Increase Fiscal Vear 2019/20 funding for Meredith Canyon Street Pavement Rehabilitation Project (CIP 19101) TOTAL MEASURE M TURNBACK FUND HOUSING IN-LIEU FEES FUND Reduce housing in-lieu fees to reflect staff's updated developm ent projections (the expected timing of the Distrito La Novi a and Tirador projects were delayed) Adjust investment income based on Fiscal Year 2018/19 activity TOT AL HOUSING IN-UEU FEES FUND DEVELOPER DEPOSITS FUND Reallocation of staff time to other funds, offset by reduction in funding from developers TOT AL DEVELOPER DEPOSITS FUND STREETS AND HIGHWAYS GRANTS FUND Increase Project V funding for summer and special event trolley program, offset by reimbursement to the General Fund where the program costs are recorded TOTAL ST REETS AN D HIGHWAYS GRANTS FU ND DEBT SERVICE FUND Adjust investment income based on Fiscal Vear 2018/19 activity TOTAL DEBT SERVtCE FUND OPEN SPACE BONDS FUND Adjust investment income based on Fiscal Year 2018/19 activity TOTAL OPEN SPACE BONDS FUND Revenue Adjustment (1,197,000) 10,000 (1,187,000) Expenditure Adjustment ---___ __!8,000 (1,000) 1,000 36,000 3ti,OOO (300,000) 23,000 (277,000} {19,800) (19,800) 27 ,400 2 7,400 4,000 4,000 7,000 7,000 7,425 1,690 27,115 {355) 355 "3:6~0 1,000 4,500 9,100 5,000 5,000 {19 ,800) (19,800) 27,400 27,400 ATTACHMENT 1 -Page 4 of 8 City of San Juan Capistrano FY 2019/20 PROPOSED BUDGET ADJUSTMENTS Description COMMUNITY FACILITIES DISTRICT BONDS FUND Adjust investment income based on Fiscal Year 2018/19 activity TOTAL COMMUNITY FAOUTIES DISTillCT BONDS FUND SUCCESSOR AGENCY NON-HOUSING BONDS FUND Adjust investment income based on Fiscal Year 2018/19 activity TOTAL SUCCESSOR AGENCY NON-HOUSING BONDS FUND DOMESTIC WATER OPERATIONS FUND Increase projected sales from 7,185 acre feet to 7,272 acre feet based on actual sales for twelve month period through January 2019, offset by increased imported water costs Reduce Groundwater Recovery Plant (GWRP) Production from 2,384 acre feet to 1,925 acre feet and potable wel ~production, offset by increased imported water commodity charges Increase funding to Domestic Water Capital Replacement Fund Adjust investment income based on Fiscal Year 2018/19 activity Adjust cust~i-ner latef~~-ch~~ge s b~sed on -;zt~~i Fiscal Y~a·; 2018/19 activltY --· .. -- Adjust meter installation fees and engineering plan check and inspection revenues to reflect staff's updated development projections L~-~~!.services associa~~-~!~ t~e U_t!~!!_e.~~eor~an~:at~on Proje:tJi~_cluding ~i:riployee issu ~sJ Revise final loan repayment to Sewer Operations and Sewer Capital Replacement Funds based on actual principal amount borrowed (final payoff is scheduled for December 31, 2019) Adjustment to electricity costs based on actual usage for last twelve months Adjust ~t to internal service fund allocations for: general ~nd Property i~sura·~~e, f~cility­ maintenance, fleet maintenance, and information and technology costs Reduce .chemicals budget based on Fiscal Year 2018/19 activity-and reduced GWRP prOifoctia·n --· estimate for Fiscal Year 2019/20 "Eliminate funding f OrCci ntrai:ted administrative support because funding for Limited Term Office Assistant is already included in the personnel _b_u _dg~e_t __ _ Reduce laboratory testing costs based on Fiscal Year 2018/19 activity lnc!:_eased rates !or concrete~pairs per new agreement _ Reduce City's share of operations and maintenance costs for San Juan Basin Authority (SJBA) based on SJBA'~r~os~budget for Fiscal Year 2019/20 _ _ _ Adjustment for: overtime, double-overtime and emergency call-out pay Increase funding for vactor service agreement based on actual contract costs Additional funding-for supplies for : pipes and fittings, GWRP, ari·a construdiori based "on ·aau·a1 -· Fiscal Year 2018/19 costs Personnel budget changes (including administrative overhead) due to the reallocation of staff time to other funds and adjustments to health insurance and retirement costs as described in the "Insurance and Benefits Fund" section -Reduce transfer to Water Debt Service Fund Addition.? I fum~i ng fo! p~r_>~~-ne rep~irs based on actual Fiscal Year 201~19 activity Additiona.!_funding for North Open Space Well repairs Mandated school lead testing Increase automobile allowance for employees in the Management and Professional Employees Association per agreement approved by Oty Council on June 11, 2018 Other adjustments TOTAL DOMESTIC WATER OPERATIONS FUND Revenue Adjustment 20,000 20,000 10,000 10,000 195,000 (114,750) Expenditure Adjustment 91,350 720,040 200,000 -3 5,000 ----14,000 (9,000) 120,000 (115,000) 88,000 56,445 (43,000) (40,000) (35,500} 26,000 (25,000) -24,100 22,450 20,385 (18,325) (11,200) 7,650 4,000 4,000 480 1,461 110,250 1,098,336 ATTACHMENT 1 -Page 5 of 8 City of San Juan Capistrano FY 2019/20 PROPOSED BUDGET ADJUSTMENTS Revenue E1<penditure Description Adjustment Adjustment WATER DEBT SERVICE FUND Adjustment to property taxes (increase primarily due to increased supplemental tax revenue) 8,200 Adjust investment income based on Fiscal Year 2018/19 activity 3,000 Offset revenue increases with reduction in transfer from Water Operations Fund (11,200) TOTAL WATER DEBT SERVICE FUND . " . DOMESTIC WATER CAPITAL REPLACEMENT FUND --Increase funding from Domestic Water Operations _Fund -,_ '~'~ ,,_ 200,000 -Adjust investment income based on Fiscal Year 2018/19 activity 4,000 Delay additional funding for 7605 Zo ne Pump Station Discharge Line Replacement Project (CIP 17802) until Fiscal Year 2020/21 ------(800,QOO) -----Fund a new project, Safety Access Stair and Platform System (CIP 20802) 120,000 -Increase funding for Well Facility Equipment Replacement Prog r am (CIP 17807) 85,000 TOTAL DOMESTIC WATER CAPITAL REPlACEMENT FUND 204,000 {595,000) DOMESTIC WATER CAPITAL IMPROVEMENT FUND Reduce domestic water-related developer impact fees to reflect staff's updated development projections (756,000) --A~~t investment income based on Fiscal Year 2018/19 activity 15,000 --Increase funding f ;;-r San J;;;;n Hil ~Greens Cathodic-Protection System Project (CIP 17801) 165,000 Increase funding for Valve Insertion Program (CIP 17803) -100,000 TOTAL DOMESTIC WATER CAPITAL IMPROVEMENT fUND (741,000) 265,000 NON-POTABLE WATER CAPITAL IMPROVEMENT FUND lncre ~se funding from Non-Po!?ble Water Operations F~d ---23 0,0 00 Reduce non-potable water-related developer impact fees to reflect staff's updated development projections (61,000) Adjust investment income based on Fi scal Year 2018/19 activity 1,000 -Delay funding for.Calle A;;~yo R;~ycled Pipeline Project (CIP 18G01) until Fiscal Year 2020/21 ---(324,000) Increase funding for Annual Recycled Water Service Connections Project (CIP 20601) 146,000 Delay additional funding for Tra n;pas Canyon Recycled Water Reservoir Project (CIP 17601) until Fiscal Year 2020/21 (S,000) TOTAL NON.POTABLE WATER CAPITAL IMPRO\tEMENT FUND 170,000 (183,000) NON-POTABLE WATER OPERATIONS FUND Increase projected sates from 625 acre feet to 628 acre feet based on actual sales for twelve month period through January 2019 5,000 -Adjust invest~ent inc;;-m; based on Fiscal Year 2018/19 activity 1,000 ~just 111eter in ~tallatio r:!e es to reflect _stajf's updated development projections ---1,000 Increase funding to Non-Potable yvater Capital Improvement Fund 230,000 Ad j ust i mported water co st s to reflect Increased production from non-potable wells (128,090) 'Pe r sonnel budget changes (i ncluding administrative overhead) due to the reallocation of staff time to other funds and adjustments to health insurance and retirement costs as described in the "Insurance and Benefits Fund" section (32,694) A~just ment to electricity co st s based on actual usage f ~ last twelve months_ ---22,400 Adjustment to internal service fund allocation for general and property insurance and allocation from Water Operations Fund for customer service charges {1 ,655) Adjust cross connection and backflow contracted services -(~00 ) Adjustment fors taff overti me ------500 TOTAL NON.POTABLE WATER OPERATIONS FUND 7,000 89,961 ATTACHMENT 1 -Page 6 of 8 City of San Juan Capistrano FY 2019/20 PROPOSED BUDGET ADJUSTMENTS Revel'!Ue expenditure Desaiction Adlustment Adjustment SEWER OPERATIONS FUND Revise final loan repayment from the Water Operations Fund based on actual principal amount borrowed (final payoff is scheduled for December 31, 2019) (57,500) Ac!j_u,st !~vestm~~t. in_~ome based on_.£iscal Year 2018/19 activity -~.Q.29 -Reduce funding from reserves to Sewer Capital Improvement Fund (1,000,000) Increase in City's share of operations and maintenance costs for South Orange County Wastewater Authority (SOCWA) based on SOCWA's proposed budget for Fiscal Year 2019/20 -251,450 Eliminate funding for emergency generator.at the Avenida De La Vista lift station -(7s:ooo) Personnel budget changes (including administrative overhead) due to the reallocation of staff time from other funds and adjustments to health insurance and retirement costs as described in the "Insurance and Benefits Fund" section 53 420 Other adjustments · ~-w, .. ... -1,671 TOTAL SEWER OPERATIONS FUND (48,SOOI (768,459J SEWER CAPITAL REPLACEMENT FUND Reduce funding from Sewer Operations Fund reserves (1,000,000) Adjust investment inco r::i e based on Fiscal Year 2018/19 activity ----5,000 Eliminate funding for New Hydraulic Capital Project No: 6 (CIP 7703) -(2,460,000) Reallocate funding for City's share of SOCWA's PC 2 and PC 5 Rehabilitation Projects (CIP 7701) based on updated information from SOCWA and reduced funding available in Sewer Capital Improvement Fund 1,000,000 TOTAL S£W£'R CAPlif Al R£PlACEM£NT FUND (995,000} (1,460,000) SEWER CAPITAL IMPROVEMENT FUND Red uce sewer connection fees to reflect staff's updated devel opment projections (855,000) To reflect loan repayment from Successor Agency per Recognized Payment Obligation Schedule approved by the State Department of Finance 240,000 Revise final loan repayment from the Water Operations Fund based on actual principal amount borr~e~ (final payoff is scheduled for December 31, 2019) --{57,500) Adjust i nvestment income based on Fiscal Year 2018/19 activity (10,000) Reallocate funding for City's share of SOCWA's PC 2 and PC 5 Rehabilitation Projects (CIP 7701) based on updated information from SOCWA and reduced funding available in Sewer Capital Improvement Fund (1,200,000) TOTAL SEWER CAPITAL IMPROVEl'l/IENf FU ND (682,SOOJ {1,200,000) INSURANCE AND BEN EFITS FUND Reduction in health insurance costs based on actual 2019 rates increasing approximately 1.4%, lower than the 7.5% that was projected in the Fiscal Year 2019/20 Adopted Budget (101,170) (101,170) Actua l employer contributions for the Orange County Employees Retirement System (OCERS) increased 5.9%, higher than the 4.5% that was projected in the Fiscal Year 2019/20 Adopted Budget 40,000 40,000 Reduction in general liability insurance based on updated information received from California Joint Powers Insurance Authority (23,000) (23,000) Adjustments to: disability insurance, Medicare payroll taxes, bilingual pay, and employer contributions to Independent Cities Management Association (ICMA) based on Fiscal Year 2018/19 actual activity 13,000 13,000 TOTAL INSURANCE AND BEN"fFITS FU ND (71,170} (71,170) ATTACHMENT 1 -Page 7 of 8 City of San Juan Capistrano FY 2019/20 PROPOSED BUDGET ADJUSTMENTS Reven ue E><penditure Oesaiption Adfustment Adj ustment FACILITIES OPERATIONS FUND Adjust charges to other funds due to the increased preposed budget for Fiscal Year 2019/20 -----6,160 -- Facilities 012.erations: Adjustment to electricity costs based on actual usage for last twelve months 13,200 Pressure ;;;,ash, repair, and paint upper and lower exterior walls of the City Gym 12,200 -Increased facility mainte;:;a;;Ze contr~ed servi~s e_e ;;;e ;;;, agr~~ 10,000 Paint and replace carpet the City Clerk Department's work area 10,000 -----Ad justment to water for Reata Park based on actual usa.l?e for last twe lve months 7,425 Repair the HVAC unit in the Utilities Department trailer 5,800 ln [.ormotion Teclinolog_'L.: --Adjustment to annual _support and maintenance agreements to reflect updated cost estimates based on Fiscal Year 2018/19 activity and discontinued software progra ms (52,745) -Other adj ustments ----~ 280 TO'T:Al FAOIUTIES OP.ERATION5 FUND 6,160 6,160 GRANO TOTAl-AU FU NDS $ (8 16_,630) $ (SU,417) ATTACHMENT 1 -Page 8 of 8 RESOLUTION NO. 19-06-04-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING THE FISCAL YEAR 2019-20 OPERATING AND CAPITAL IMPROVEMENT BUDGET AND AUTHORIZING EXPENDITURES AND APPROPRIATIONS RELATED THERETO WHEREAS, on June 11, 2018, the City Council passed Resolution No. 18-06- 11-03, adopting the Fiscal Years 2018-19 and 2019-20 Operating and Capital Improvement Budgets; and, WHEREAS, information not available at the time of budget adoption requires adjustments to the Fiscal Year 2019-20 Operating and Capital Improvement Budget in order to deliver the services expected by the City Council; and, WHEREAS, the City Council has been presented with and has accepted and approved the Amended Fiscal Year 2019-20 Operating and Capital Improvement Budget; and, WHEREAS, the City Council recognizes that the Proposed Fiscal Year 2019- 20 Operating and Capital Improvement Budget will require adjustments from time to time, and accordingly, the City Manager is authorized to execute necessary transfers to carry out the scope of services as approved. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby determine as follows: 1. That the Proposed Fiscal Year 2019-20 Operating and Capital Improvement Budget as shown in Exhibit A attached hereto and incorporated by reference herein is amended as follows: Fiscal Year 2019-20 Transfers Operating Capital Between Expenditures Expenditures Funds (l) Total General Fund $ 29,179,710 $ 889,000 $ 402,070 $ 30,470,780 Other Governmental Funds 5,365,520 2,613,040 695,500 8,674,060 Enterprise Funds 24,565,090 6,540,000 7,082,390 38,187,480 Internal Service Funds 8,787,520 152,000 8,939,520 Total All City Funds (z) $ 67,897,840 $ 10,194,040 $ 8,179,960 $ 86,271,840 11l Transfers between funds are balanced by fund types, general and governmental funds and enterprise funds . <2 l Totals do not include the San Juan Capistrano Housing Authority (See Exhibit A to the Resolution). 1 ATTACHMENT 2 2. That total appropriations for each fund may only be increased or decreased by the City Council by amending the budget, except as provided herein. 3. That the legal level of budgetary control is at the fund level. Budgets may not legally be exceeded at the fund level without appropriate authorization by the City Council. Budgeted amounts for individual classifications within a fund may be exceeded as long as the total annual budget for that fund is not exceeded. funds : 4. That the following controls are hereby placed on the transfers of budgeted a. The City Manager may authorize transfers of funds from account to account within any operating department. b. The City Manager may authorize transfers of funds from department to department within any fund up to $50,000. c . The City Manager may delegate the authority to make budget transfers and adjustments up to $10,000. d. The City Manager may authorize budget adjustments involving offsetting revenues and expenditures; the City Manager may authorize increases in an appropriation for a specific purpose where the appropriation is offset by unbudgeted revenues, which are designated for said specific purpose. 5. That all appropriations for outstanding encumbrances and projects currently underway and remaining unexpended at June 30, 2019, as approved by the City Manager or his designee, are hereby appropriated to the Fiscal Year 2019-20 Operating Budget. PASSED, APPROVED, AND ADOPTED this 4th day of June 2019 . BRIAN L. MARYOTT, MAYOR ATTEST: MARIA MORRIS , CITY CLERK 2 ATTACHMENT 2 -0 GENERAL FUNDS General Fund CITY OF SAN JUAN CAPISTRANO FISCAL YEAR 2019/20 BUDGET SUMMARY-ALL FUNDS Projected Projected Beginning Operating CIP Transfers Transfers Ending Balance Revenues Expenditures Expenditures In Out Balance 7/1/2019 (i) FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 Adjustments 6/30/2020 Unassigned S 2,343,724 $ 28,941,000 $ (29,179,710) $ -$ 695,500 $ (402,070) $ $ 2,398,444 Reserve -Tuition Reimbursement Program 35,000 -35,000 Reserve -Cash Flow 5,000,000 5,000 ,000 Reserve -Economic Uncertainty 7,500,000 -7,500,000 Reserve -Contingency 1,000,000 1,000,000 Reserve -Consent Decree Water Quality Projects 3,000,000 (889,000) -2,111,000 Non-Spendable -Loans to Community Redevelopment Agency 85,808 --85,808 Total General Fund 15,964,532 31,941,000 (29,179,710) (889,000) 695,500 {402,070) -18,130,252 Parking Maintenance Fund Assigned-Parking Maintenance 139,258 76,900 (168,195) -91,295 139,258 Successor Agency to the CRA/Housing Authority Administration Fund Unassigned 248,768 387,665 (352,525) -283,908 Farm Operations Fund Assigned-Farm Operations 562,561 135,000 (86,180) --611,381 Eastern Open Space Fund Assigned-Eastern Open Space Operations (l,773,680J 1,500,000 (1 ,645,360) -(1 919,040) GENERAL FUNDS -TOTAL $ 15,141,439 $ 34,040,565 $ (31,431,970) $ (889,000) $ 786,795 $ (402,070) $ -$ 17,245,759 Special Revenue Funds C&D Forfeited Bonds Fund Restricted-Recycling Programs $ 974,260 $ 25,000 $ {15,180} $ $ $ $ $ 984,080 Road Maintenance and Rehabilitation Account (RMRA) Restricted-Streets and Roads Capital Projects 504 608,000 (608,000) 504 Certified Access Specialist Program (C .A.S.P.) Restricted-CASP Program 31,530 {8,700) -22,830 W rn Systems Development/Ord. 211 Fund 'g X Restricted-Streets and Roads Capital Projects 454,161 691,000 (450,000) 695,161 -"' I Park and Recreation Fund S, OJ Restricted-Parks and Recreation Capital Projects 51,197 2,908,000 -2,959,197 -l ~ )> Drainage Fund Restricted-Storm Drain Capital Projects (282,986) 20,000 (262,986) Agricultural Preservation Fund Restricted-Agricultural Preservation Projects 124,236 99,000 -223,236 Landscape Maintenance Fund CITY OF SAN JUAN CAPISTRANO FISCAL YEAR 2019 /20 BUDGETSUMMARY-ALLFUNDS ~aject~ P~ect~ Beginning Operating CIP Transfers Transfers Ending Balance Revenues Expenditures Expenditures In Out Balance 7/1/2019 11' FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 Adjustments 6/30/2020 Restricted-Landscape Maintenance 233 ,167 134,155 (169,900) -• 197,422 CDBG/HOME Fund Restricted-Housing Rehabilitation for Low and 609,345 164,000 (129,295) 644,050 Moderate Income Housing Persons Gas Tax Fund Restricted-Street Rehab ilitat ion and Ma intenance 892 977,000 (627,320) (350,000) -572 CCFP Fund Developer Contributions for Specific Projects 411,438 -411,438 Restricted-Streets and Roads Capital Projects 7,206,610 2,537 ,000 (181,040) 9,562,570 Total CCFP Fund 7,618,048 2,537,000 (181,040) 9,974,008 S.O.N.G .S. Fund Restricted-Emergency Preparedness 52 193,600 (193,600) -52 AQMD Fund Restricted-Mobile Source Emissions Reduction Programs 275,472 48,000 -(44,100) -279,372 Measure M Fund Restricted-Streets and Roads Capital Projects 81,203 671,000 (746,680) -S,523 Housing In-Lieu Fee Fund Restricted-Affordable Housing 5,310,956 23,000 5,333,956 Local Law Enforcement Grants Fund Restricted-Law Enforcement 125,000 -(125,000) Street and Highways Grant Fund Restricted-Capital Projects 176,400 (176,400) Developer Deposits Fund Developer Contributions for Specific Projects 425 ,350 (425,350) SPECIAL REVENUE FUNDS· TOTAL S 15,482,037 $ 9,825,505 S (942,025) $ (2,613,040) $ $ (695,500) $ $ 21,056,977 Debt Service Fund -0 Debt Service Fund ~ rTI Restricted-Debt Service $ 3,263,104 $ 1,864,000 S (2,171,235) $ $ 310,775 $ $ -$ 3,266,644 (I) x N I Capital Improvement Funds S, IJJ Open Space Bond Projects Fund VJ --i Restricted -Open Space Capital Projects $ lS,340 10,000 $ $ -$ -$ $ $ 25,340 0 )> Community Facilities District Bonds Fund CITY OF SAN JUAN CAPISTRANO FISCAL YEAR 2019 /20 BUDGETSUMMARY-ALLFUNDS P~ected P~ect~ Beginning Operating CIP Transfers Transfers Ending Balance Revenues Expenditures Expenditures In Out Balance 7/1/2019 11) FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 Adjustments 6/30/2020 Restricted -Community Facilities Projects S36,749 20,000 S56,749 Successor Agency Non-Housing Bonds Fund Restricted -Downtown Projects 78,267 10,000 88,267 CAPITAL PROJECTS FUNDS -TOTAL $ 630,356 $ 40,000 $ $ $ $ $ -$ 670,356 GENERAL GOVERNMENTAL FUNDS -TOTAL $ 34,516,936 $ 45,n0,070 $ (34,545,230} $ (3,502.040) $ 1.097,570 $ (1,097,570) $ $ 42,239,736 ENTERPRISE FUNDS Water Enterprise Funds Domestic Water Operations Fund Unrestricted Net Position-Available $ 1,367,5 10 $ 22,602,250 $ (16,311,770) $ $ $ (4,952,390) $ $ 2,705,600 Unrestricted Net Position-Drought Penalty Reserve 435,073 (83,600) 351,473 Unrestricted Net Position-Rate Stabilization Reserve 1,796,425 1,796,425 Unrestricted Net Position -Loan Due to Sewer Funds 1'1 (636,000) 636,000 Unrestricted Net Position -Pension & OPES Liabilities 1'1 (7,236,958) -(7 ,236,958) Investment in Capital Assets 57,051,976 57,051.976 Total Domestic Water Operations Fund 52,778,026 22,602,2SO (16,395,370) (4,952,390) 636,000 54,668,516 Water Debt Service Fund Unrestricted Net Position-Avail able 186,790 1,291,000 (4,243,390) 2,952,390 186,790 Unrestricted Net Position -Outstanding Long-Term Debt (25,069,013) (25 ,069,013) Total Water Debt Service Fund (24,882,223) 1,291,000 (4,243,390) 2,952,390 (24,882,223) Non-Potable Water Operations Fund Unrestricted Net Position-Available 238 ,864 1,073,000 (442,420) -(630,000) 239,444 Unre stricted Net Position -Pension & OPES Liabilities 121 (317,388) (317,388) Total Non-Potable Water Operations Fund (78,S24) 1,073,000 (442,420) {630,000) (77,944) Domestic Water Capital Replacement Fund Unrestricted Net Position-Available 2S6,696 12,000 (l,07S,OOO) 2,000,000 1,193,696 Domestic Water Capital Improvement Fund Unrestricted Net Position-Available 1,088,353 749,000 (475,000) -1,362,3S3 J? Non-Potable Water Capital Improvement Fund '?5 ~ Unrestricted Net Assets-Available 786,216 183,000 [190,000) 630,000 1,409,216 VJ I WATER ENTERPRISE FUNDS -TOTAL $ 29,948,S44 $ 25,910,250 $ [21,081,180) $ (1,740,000) $ S,S82,390 $ (5,582,390) $ 636,000 $ 33,673,614 0 OJ -+. _, ~ )> Sewer Enterprise Funds Sewer Enterprise Operations Fund CITY OF SAN JUAN CAPISTRANO FISCAL YEAR 2019 /20 BUDGETSUMMARY-ALLFUNDS P~ect~ P~ect~ Beginning Operating CIP Transfers Transfers Ending Balance Revenues Expenditures Expenditures In Out Balance 7 /1/2019 111 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 Adjustments 6/30/2020 Unrestricted Net Position-Available $ 6,394,053 $ 4,068,500 $ (3,483,910) $ $ $ (1,500,000) $ $ 5,478,643 Unrestricted Net Position-Loan to Water Operations Fund 131 318,000 --(318,000) Unrestricted Net Position -Pension & OPEB Liabilities 1'1 (3,271,688) -_, [3,271,688) Investment in Capital Assets 19,461,168 -19,461,168 Total Sewer Operations Fund 22 ,901,533 4,068,500 (3 ,483,910) (1,500,000) {318,000) 21,668,123 Sewer Capital Replacement Fund Unrestricted Net Position-Available 1,007,298 15,000 (1,650,000) 1,500,000 872,298 Sewer Capital Improvement Fund Unrestricted Net Position-Available 3,245,268 1,780,500 [3,150,000) 1,8 75 ,768 Unrestricted Net Position-Loan to Water Operations Fund 131 318,000 -(318,000) Unrestricted Net Position-Loans to CRA 600,850 600 ,850 Total Sewer Capital Improvement Fund 4 ,164,118 1,780,500 (3 ,150,000) (318,000) 2,476,618 SEWER ENTERPRISE FUNDS -TOTAL $ 28,072,949 $ 5,864,000 $ (3,483,910) $ (4,800,000) $ 1,500,000 $ (1,500,000) $ (636,000) $ 25,017,039 SJC HOUSING AUTHORITY Housing Authority Administration Fund Unrestricted Net Position-Available $ 1,049,891 $ 24,100 $ [68,705) $ $ $ $ 1,005,286 Non-Spendable -Noncurrent Receivables & Prepaids 5,129,951 5,129,951 Investment in Capital Assets 4,506,8 35 4,506,835 Total Housing Authority Administration Fund 10,686,677 24,100 (68,705) -10,642,072 little Hollywood Rental Housing Fund Unrestricted Net Position-Available 673,219 195,500 {230 ,955) -637,764 Successor Agency Housing Bonds Fund Restricted Net Assets-Affordable Housing Projects 51868,903 30,000 --5,898,903 SJC HOUSING AUTHORITY-TOTAL $ 17,228,799 $ 249,600 $ (299,660) $ $ -$ S $ 17,178,739 ~ m ENTERPRISE FUNDS -TOTAL $ 75,250,292 $ 32,023,85()_ $ (24,864,750) _$ __ {6,540,000) $ 7,082,390 S (7,082,390) $ $ 75,869,392 <O >< CD I ~- 0 al ---i ~ )> '"O w rn cg >< CJ'1 I 0 OJ --w -i 0 )> INTERNAL SERVICE FUNDS Insurance and Benefits Fund Unrestricted Net Assets-Available Noncurrent Assets-Prepaids & Deferred Outflows Total Insurance and Benefits Fund Facilities Operations Fund Unrestricted Net Position-Available 141 Unrestricted Net Position-Pension & OPEB Liabilities 12> Investment in Capital Assets Total Facilities Operations Fund INTERNAL SERVICE FUNDS -TOTAL ALL FUNDS -TOTAL Less: San Juan Capistrano Housing Authority Total Appropriations Approved by City Council Notes: $ $ Projected Beginning Balance 7 /1/2019 (l) CITY OF SAN JUAN CAPISTRANO FISCAL YEAR 2019 /20 BUDGET SUMMARY-ALL FUNDS Operating CIP Revenues Expenditures Expenditures FY 2020 FY 2020 FY 2020 (556,299) $ 6,194,000 $ (6,194,000) $ 3,449,618 2,893,319 6,194,000 (6,194,000) 1,653,169 2,390,415 (2,593,520) (152,000) (635,297) 2,650,113 3,667,985 2,390,415 (2,593,520) (152,000) s 6,t6J,304 $ 8,5841415 . $ _ (8,787,S~Oj $ (152,000) $ Transfers In FY 2020 $ $ Transfers Out FY 2020 Adjustments $ $ $ 11§,328,53~ $ 86,378,335 . $ 168,197,~00J $ (10,194,0401 $ 8,179,96!_$ .18,179,960) $ 299,660 $ (67,897,840) $ (10,194,040) $ (8,179,960) 111 Beginning fund balances are based on projected balances as of June 30, 2019, as r~ported in the City's Third Quarter Financial Report to the City Council on May 21, 2019. $ $ $ Projected Ending Balance 6/30/2020 (556,299) 3,449,618 2,893,319 1,298,064 (635,297) 2,650,113 3,312,880 6,206,199 124,315,327 12 > The City is required by the Governmental Accounting Standards Board (GASB) to report the unfunded actuarial liability (UAAL) for its pension plans (GASB Statement No. 68) and other-post employment benefits (GASB Statement No . 75). The City's General Fund (and other governmental funds) do not reflect such an amount in th is schedule because this accounting and reporting standard is only applicable to the City's Enterprise and Internal Service Funds. The City's governmental funds' (i.e . General Fund , Capital Projects Funds, and Special Revenue Funds) portion of the City's total UUAL as of December 31, 2017 (date of actuarial valuation) was approximately $18.9 m il lion for the City's pension plans and was approximately $2.4 million for the other post employment benefit p lan as of July 1, 2016 (date of the actuarial valuation). 1'1 The adjustments reflected for the Water Operations Fund, Sewer Operations Fund, and Sewer Capital Improvement Fund reflect the $636,000 in loan repayments expected per the loan repayment schedule approved by the City Council on June 21, 2016. The loan is expected to be repaid in full by December 31, 2019. l•l Available reserves for capital replacement. CITY OF SAN JUAN CAPISTRANO GENERAL FUND SUMMARY FISCAL YEAR 2019/20 UPDATE ADOPTED AMENDED ADOPTED PROPOSED PROPOSED Description 2018/19 2018/19 (l) 2019/20 ADJUSTMENTS 2019/20 PROJECTED REVENUE & OTHER SOURCES Property Taxes $ 10,755,000 $ 10,755,000 $ 11,265,000 $ (64,000) $ 11,201,000 Sales Tax 8,681,000 8,799,000 8,846,000 (128,000) 8,718,000 Other Taxes 1,393,000 1,434,000 1,467,000 80,000 1,547,000 Franchise Fees 1,341,000 1,341,000 1,3 55,000 44,000 1,399,000 Other Agencies 867,000 919,990 869,000 20,000 889,000 Licenses, Fees and Permits 2,123,000 2,050,015 3,066,000 (281,500) 2,784,500 Current Services 829,000 829,000 855,000 (13,000) 842,000 Use of Money & Property 467,000 523,090 471,000 4,500 475,500 Fines & Forfeitures 982,000 1,012,000 990,000 32,000 1,022,000 Other Revenue 74,000 74,000 74,000 (11,000) 63,000 Landfill agreement funds (nonrecurring) 3,000,000 3,000,000 3,000,000 Transfers In 691,000 848,733 659,000 36,500 695,SOO ESTIMATED REVENUE-TOTAL 28,203,000 31,585,828 29,917,000 2,719,500 32,636;500 ESTIMATED EXPENDITURES & OTHER USES General Government 4,687,965 5,073,965 4,888,805 (42,545) 4,846,260 Public Safety 11,046,889 11,146,489 11,571,740 32,730 11,604,470 Community Services 2,214,765 2,252,265 2,267,340 (60,160) 2,207,180 Development Services 2,536,480 2,680,530 2,684,770 (73,260) 2,611,510 Public Works/Utilities 7,234,025 7,931,028 8,037,275 (126,985) 7,910,290 Other 3,669,000 Transfers Out 383,950 397,950 400,380 890,690 1,291,070 Reserved for consent decree water quality projects 2,111,000 2,111,000 ESTll\llATED EXPENDITURES-TOTAL 28,104,074 33,151,227 29,850,310 2,731,470 32,581,780 REVENUE OVER/(UNDER) EXPENDITURES $ 98,926 $ (1,565,399) $ 66,690 $ (11,970) $ 54,720 111 Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 6 of 30 CITY OF SAN JUAN CAPISTRANO GENE RAL FUND -E ST IMATED REVENUE DETAIL BY TYPE Description PROPERTY TAXES Secured Redevelopment Property Tax Trust Fund Unsecured Prior Years Supplemental Roll Homeowners Exemption Tax Penalties & Impounds AB1389 Pass Through From CRA In-Lieu Vehicle License Fee PROPERTY TAXES -TOTAL SALES TAXES Sales Tax 'SALES TAXES -TOTAL OTHER TAXES Real Property Transfer Tax Business License Taxes Transient Occ. Tax -10% OTHER TAXES -TOTAL FRANCHISE FEES Electrical Franchise Gas Franchise Cable TV Franchise Refuse Franchise Video Franchise Fee FRANCHISE FEES-TOTAL OTHER AGENCIES Landfill Mitigation Contribution Vehicle License Fees Grants Landfill Importation Fees OTHER AGENCIES -TOTAL LICENSES, FEES, PERMITS Planning-Other Permits Engineering-Plan Check Engineering-Map Check Engi neering-lnspection Other Engineering Fees Geo/Soils Review Encroachment Permits Building Permits Grading Permits Mechanical Permits Plumbing Permits Electrical Permits Mobile Home Park Op Permits Building Plan Check N PDES Permit Fees NPDES Business Insp e ction Fee Commercial Filming/Photography Permits Code Violation Citations Student Mitigation Fee Community Services-Contract Classes Community Services-Youth Sports Community Services-Special Events Neighborhood Parking Program Weed Abatement LICENSES, FEES, PERMITS -TOTAL FISCAL YEAR 2019/20 U PDAT E ADOPTED AMENDED ADOPTED 2018/19 2018/19 (l) 2019/20 $ 6,544,000 $ 6,544,000 $ 6,871,000 159,000 159,000 159,000 191,000 191,000 191,000 47,000 47,000 47,000 48,000 48,000 48,000 35,000 35,000 35,000 14,000 14,000 14,000 54,000 54,000 54,000 3,663,000 3 ,663,000 3,846,000 10,755,000 10,755,000 11,265,000 8,681,000 8,799,000 8,846,000 8,681,000 8,799,000 8,846,000 275,000 275,000 331,000 217,000 217,000 217,000 901,000 942,000 919,000 1,393,000 1,434,000 1,467,000 403,000 403,000 407,000 80,000 80,000 81,000 505,000 505,000 510,000 289,000 289,000 292,000 64,000 64,000 65,000 1,341,000 1,341,000 1,355,000 580,000 780,000 580,000 15,000 15,000 15,000 72,000 124,990 74,000 200,000 200,000 867,000 919,990 869,000 35,000 70,000 35,000 189,000 189,000 869,000 32,000 99,000 46,000 18,000 256,000 3,000 3,000 3,000 30,000 30,000 20,000 50,000 50,000 50,000 790,000 684,000 781,000 55,000 70,000 35,000 30,000 45,000 28,000 66,000 74,000 55,000 53,000 63,000 40,000 14,000 14,000 14,000 200,000 207,000 253,000 63,000 63,000 55,000 41,000 41,000 41,000 1,000 1,000 1,000 27,000 27,000 27,000 177,000 177,000 181,000 138,000 141,015 138,000 15,000 15,000 15,000 49,000 49,000 51,000 12,000 12,000 . 12,000 7,000 7,000 7,000 2,123,000 2,050,015 3,066,000 PROPOSED PROPOSED ADJUSTMENTS 2019/20 $ (33,000) $ 6,838,000 (27,000) 132,000 191,000 (1,000) 46,000 8,000 56,000 (1,000) 34,000 (1,000) 13,000 9,000 63,000 (18,000) 3,828,000 (64,000) 11,201,000 (128,000) 8,718,000 (128,000} 8,718,000 (56,000) 275,000 217,000 13 6,000 1,055,000 80,000 1,547,000 34,000 441,000 1,000 82,000 5,000 515,000 3,000 295,000 1,000 66,000 44,000 1,399,000 220;000 800,000 15,000 74,000 (200,00 0 ) 20,000 889,000 35,000 70,000 (394,000) 475,000 (80,000) 19,000 (113,000) 143,000 (500) 2,500 10,000 30,000 50,000 121,000 902,000 35,000 70,000 17,000 45,000 19,000 74,000 23,000 63,000 14,000 37,000 290,000 8,000 63,000 41,000 {1,000) 4,000 31,000 1,000 182,000 (2,000) 136,000 15,000 (1,000) 50,000 12,000 7,000 (281,500) 2,784,SOO EXHIBIT A Page 7 of 30 CITY OF SAN JUAN CAPISTRANO GENERAL FUND -ESTIMATED REVENUE DETAIL BY TYPE FISCAL YEAR 2019/20 UPDATE ADOPTED AMENDED Description 2018/19 2018/19 (l) ADOPTED 2019/20 PROPOSED ADJUSTMENTS CURRENT SERVICES Charges to SACRA Charges to Other Funds Charges to Water/Sewer Enterprise Dev. Deposits CIP Admin CURRENT SERVICES-TOTAL USE OF MONEY/PROPERTY Community Building Rental Park Rentals Community Garden Rental Community Center Rental Gymnasium Rental Comm Svcs-Athletics/Rents Commercial Property Rental Investment Interest USE OF MONEY/PROPERTY-TOTAL FINES/FORFEITURES Parking Fines Vehicle Code Fines Other Fines and Forfeitures Public Safety (sales tax) iflNES/FORFEITURES -TOTAL OTHER REVENUE Other Reimbursements Mandated Cost Reimbursements Miscellaneous Revenue CERT Revenue Loan Repayments OTHER REVENUE-TOTAL LANDFILL AGREEMENT FUNDS (NON-RECURRING) Landfill Equity Payments 'LANDFILL AGREEMENT FUNDS (NON-RECURRING) TRANSFERS IN Gas Tax Fund AQMD Fund Law Enforcement Grants Fund Street and Highway Grants Fund TRANSFERS IN -TOTAL 20,000 154,000 408,000 142,000 105,000 829.,000 54,000 20,000 7,000 68,000 65,000 80,000 113,000 60,000 467,000 548,000 160,000 5,000 269,000 982,000 38,000 20,000 5,000 1,000 10,000 74,000 350,000 39,000 125,000 177,000 691000 20,000 154,000 408,000 142,000 105,000 829,000 60,000 27,000 7,000 81,500 45,000 60,000 182,590 60,000 523,090 548,000 160,000 5,000 299,000 1,0iZ,000 38,000 20,000 5,000 1,000 10,000 74,000 3,000,000 3,000,000 350,000 82,673 150,000 266,060 848 733 21,000 156,000 422,000 149,000 107,000 855,000 s-5 ,000 21,000 7,000 68,000 65,000 80,000 115,000 60,000 471,000 553,000 160,000 5 ,000 272,000 990,000 38,000 20,000 5,000 1,000 10,000 74,000 350,000 35,000 125,000 149,000 659 000 6,000 (1,000) (18,000) (13,000) 5,000 6,000 6,500 (34,000) (20,000) 1,000 40,000 4,500 29,000 (22 ,000) (4,000) 29,000 32,000 (1,000) (10,000) (11,000) 3,000,000 3,000,000 9,100 27,400 36,500 PROPOSED 2019/20 21,000 162,000 421,000 149,000 89,000 842,000 60,000 27,000 7,000 74,500 31,000 60,000 116,000 100,000 475,500 582,000 138,000 1,000 301,000 1,022,000 38,000 20,000 5,000 63,000 3,000,000 3,000,000 350,000 44,100 125,000 176,400 695 500 TOTAL GENERALFUND REVENUE $ 28,203,000 $ 31,585,828 $ 29,917,000 $ 2,719,500 $ 32,636,500 111 Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 8 of 30 CITY OF SAN JUAN CAPISTRANO GENERAL FUND -EXPENDITURE DETAIL BY DIVISION FISCAL YEAR 2019/20 UPDATE ADOPTED AMENDED ADOPTED PROPOSED PROPOSED Description 2018/19 2018/19 (ll 2019/20 ADJUSTMENTS 2019/20 GENERAL GOVERNMENT Legislation: City Council $ 143,285 $ 143,285 $ 146,460 $ 3,565 $ 150,025 City Manager: Administration 1,249,135 1,242,820 1,317,305 (19,980) 1,297,325 Human Resources 421,550 435,865 457,750 (25,965) 431,785 City Attorney City Attorney 706,000 706,000 706,000 706,000 Litigation 371,000 City Clerk 609,525 610,030 623,795 11,200 634,995 Finance: Administration 682,095 682,295 726,840 (15,260) 711,580 Finance 674,150 693,310 699,675 4,705 704,380 Business License 111,680 96,320 117,110 (1,575) 115,535 Customer Service 90,545 93040 93,870 765 94,6~5 GENERAL GOVERNMENT -TOTAL 4',687,965 5,013~ -4,888,805 (4'2,545) '4,846,ui() PUBLIC SAFETY O.C.S.D . Contract 10,265,295 10,2B8,295 10,778,570 10,778,570 Other O.C.S .D. Costs 192,835 234,835 188,475 25,275 213,750 Public Safety Contract Services 569,554 569,554 585,405 7,500 592,905 A.S.A.P. Volunteer Program 12,900 12,900 12,900 12,900 Emerge;icy Preparedness 6,305 40,905 6,390 (45) 6,345 tPUBUCSAFElY-TOTAL U ,046,889 11,146;4'89 ~,571,7'40 n,730 ll"'694,'470 COMMUNITY SERVICES Administration 722,425 720,585 770,795 (74,155) 696,640 Facility Operations 291,080 326,030 273,705 4,445 278,150 Special Events 220,825 220,100 226,540 (2,775) 223,765 Class Programs 104,960 109,010 105,720 (1,280) 104,440 Athletic Programs 94,865 88,220 99,270 (1,510) 97,760 Youth Programs 110,785 110,785 112,460 (455) 112,005 Senior Citizens Services 129,555 129,570 135,130 1,260 136,390 Community Center Operations 371,340 376,295 371,935 230 372,165 Gymnasium Op era tions 168,930 171,670 171,785 14 <080 185,865 COMMUNllY SEf!VICES-TOTAl 2,214,765 Z,2Ji"l,340 (60,160) 2,.207.UO DEVELOPMENT SERVICES Administration 801,150 801,150 858,335 (15,175) 843,160 Planning Services 613,845 765,845 667,865 (11,885) 655,980 Building Permit Services 422,020 423,570 402,790 (17,025) 385,765 Environmental Permit Services 15,990 15,990 17,160 (1,625) 15,535 Building Inspection 357,575 348,075 397,130 (28,090) 369,040 Code Enforcement 325 900 325 900 341,490 540 34 ~,030 DEVEl.DPMENT SEAVICES-TOTAL 2,536,480 2,680,$10 2,684,no (73,200) ~6U,S10 PUBLIC WORKS/UTILITIES Administration 1,071,850 1,102,960 1,151,530 68,130 1,219,660 Planning Services 17,880 17,880 Engineering: General Engineering 607,395 745,128 595,315 9,080 604,395 Development Engineering 446,235 548,355 1,011,820 (216,195) 795,625 Traffic Engineering 311,935 311,935 316,860 (4,910) 311,950 Engineering Inspection Services 81,990 79,240 85,400 (1,115) 84,285 Maintenance and Support: Building/Facility Operations 14,675 19,505 14,815 14,815 General Maintenance 710,980 782,735 695,100 (14,340) 680,760 Special Event Support 84,480 85,770 84,895 10 84,905 Weed Abatement 136,800 136,800 137,040 137,040 Streets and Traffic: Street Maintenance 353,565 470,565 358,025 95,045 453,070 Street Cleaning 138,705 138,705 138,705 138,705 Street Lighting 153,560 202,020 153,560 (5,895) 147,665 Traffic Control 156,680 203,060 158,725 5,045 163,770 Storm and Winter Preparation 69,000 69,000 69,000 69,000 EXHIBIT A Page 9 of 30 CITY OF SAN JUAN CAPISTRANO GENERAL FUND -EXPENDITURE DETAIL BY DIVISION FISCAL YEAR 2019/20 UPDATE ADOPTED AMENDED ADOPTED PROPOSED PROPOSED Description 2018/19 2018/19 (l) 2019/20 ADJUSTMENTS 2019/20 Parks and Open Space: Parkways, Medians, & Landscaping 360,280 360,280 394,495 7,935 402,430 Park Maintenance 945,425 981,590 943,360 38,035 981,395 Open Space Maintenance 54,010 106,010 55,250 2,000 57,2SO Trail Maintenance 147,315 163,315 147,570 147,570 Parking Maintenance 26,565 26,56S 27,300 27,300 Sports Park Maintenance 497,285 512,285 504,605 (22,610) 481,995 Environmental: NPDES/Water Quality 383,210 421,210 438,930 (19,235) 419,695 Trash/Recycling 52,845 160,960 54,335 (1,600) 52,735 Storm Drain Maintenance: General Services 44,86S 17,030 47,055 (33,095) 13,960 Maintenance Services 379,945 279,945 448,715 (51,890) 396,825 Emergency Response 4 ,430 6,060 4 870 740 5,610 PUBLIC W°"l<S/UTIUTIES-'TOTAl 1~ 7,931.,028 8~7,275 (U6,98S) 7;91~ OTHER Settlement Payments 2,900,000 Land 764,000 Interest on Loan from CCFP Fund to M easure M Fur 5,000 OTHER-TOTAL 3,669,000 TRANSFERS OlJT To Debt Service 308,315 308,315 310,775 310,775 To Capital Projects 889,000 889,000 To Parking Maintenance Fund 75,635 85,635 89,605 1,690 91,295 To Measure M Fund 4,000 TftANSFERS OUT -TOTAL 383~ ..,/GIJ,o 400~ %LwMA7.1 MiNi;t.114wt.tWiN·fii@liBZ·iZ.t WJ:iiltKW WWU41·S# 111 Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 10 of 30 CITY OF SAN JUAN CAPISTRANO PARKING MAINTENANCE FUND FISCAL YEAR 2019/20 UPDATE Description ADOPTED 2018/19 AMENDED 2018/19 (1) ADOPTED 2019/20 PROJECTED REVENUE AND OTHER SOURCES Parking Fees Parking Permits-Commuter Parking Permits-Employees Transfers In -General Fund TOTAL· PROJECTED -REVENUES AND OTHEft SOURtfS ESTIMATED EXPENDITURES AND OTHER USES Personnel Charges Merchant Credit Card Fees Utilities Facility Lease Payments Network Computer Services Parking Permit Supplies Maintenance Supplies Grounds Maintenance Other Maintenance Administrative Overhead TotAI.-ESTIMATED EXPENDITURES ANDOlHEA usEs $ 66,000 6,300 3,600 75,635 151,535 21,455 6,300 14,780 60,000 3,250 3,000 600 11,740 26,720 3,690 t51,53S $ 66,000 $ 67,000 6,300 6,300 3,600 3,600 85,635 89,605 161,53S 166,505 31,455 22,525 6,300 6,200 14,780 14,840 60,000 60,000 3,250 3,250 3,000 3,000 600 600 11,740 12,510 46,720 39,720 3,690 3,805 181,S35 166,450 PROPOSED PROPOSED ADJUSTMENTS 2019/20 $ $ 67,000 6,300 3,600 11690 91,295 1,690 168,195 1,445 23,970 6,200 14,840 60,000 3,250 3,000 600 12,510 39,720 4,105 168,195 C RRENT YEAR REVENUE OVER (UNDER ) EXPENDITURES S • S (20,000) S SS S (SS) S • (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 11 of 30 CITY OF SAN JUAN CAPISTRANO SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY/ HOUSING AUTHORITY ADMINISTRATION FUND FISCAL YEAR 2019/20 UPDATE ADOPTED AMENDED ADOPTED PROPOSED Description PROJECTED REVENUE AND OTHER SOURCES Reimbursement from Successor Agency Reimbursement from Housing Authority Commercial Property Rental Investment Interest Other Reimbursements TOTAL -PROJ£CT£0 REVENUES ANO OTHER SOURCES ESTIMATED EXPENDITURES AND OTHER USES Successor Agency Administration Costs: City Manager City Attorney City Clerk Finance Public Works Housing Authority Administration Costs: Finance Development Services TeTA1-ESTIMA"IU> EXPEN'DmJREs AND OTHER USEs $ 2018/19 219,070 58,250 78,000 1,200 3S6,52-0 112,115 9,520 96,830 7,825 50,640 276,930 2018/19 (1) $ 219,070 $ 58,250 78,000 1,200 7,000 363,520 139,185 40,000 9,520 96,830 3,000 7,825 50,640 347,000 2019/20 220,555 58,665 78,000 1,200 358,420 117,405 9,965 101,425 8,115 52,760 ADJUSTMENTS $ (35,290) 18,735 45,000 800 "29,245 1,005 35,000 270 55 10,000 10 16,515 289~.=670~~~~~6Z;855 PROPOSED $ 2019/20 185,265 77,400 123,000 2,000 387,665 118,410 35,000 10,235 101,480 10,000 8,125 69,275 352.525 CURRENT YEAR REVENUE OVER (UNDER} EXPENDITURES $ 79,590 $ 16,520 $ 68,750 S 133,610) $ 35,140 (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 12 of 30 CITY OF SAN JUAN CAPISTRANO FARM OPERATIONS FUND FISCAL YEAR 2019/20 UPDATE ADOPTED AMENDED ADOPTED Description 2018/19 2018/19 (1) 2019/20 PROJECTED REVENUE AND OTHER SOURCES Commercial Property Rental $ 90,500 $ 90,500 $ 97,000 Farm Lease Revenue 25,000 25,000 25,000 TOTAL -l>ROJECTEIJ REV£NUES AND OTHER SOURCES us,soo 115,500 122,oOO ESTIMATED EXPENDITURES AND OTHER USES Personnel Charges 440 440 470 Utilities 6,910 6,910 6,910 Grounds Maintenance 36,265 36,265 750 Other Maintenance & Repairs 13,365 13,365 83,365 Administrative Overhead 100 100 105 T<rrAL -ESTIMATED EXP.ENDITIJRES AND OTHER USES 57,0SO 57,080 91,600 PROPOS£D PROPOSED ADJUSTMENTS 2019/20 $ 13,000 $ 110,000 25,000 13 000 135,000 605 1,075 (5,410) 1,500 750 (615) 82,750 105 (5,420) 86,180 CURRENT YEAR REVENUE OVER (UNDER) EXPENDITURES $ 58,420 $ 58,420 $ 30.400 $ 18,420 $ 48,820 (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 13 of 30 CITY OF SAN JUAN CAPISTRANO EASTERN OPEN SPACE FUND FISCAL YEAR 2019/20 UPDATE Description PROJECTED REVENUE AND OTHER SOURCES Riding Park Revenue Insurance Reimbursement for Coastkeeper Litigation Other Reimbursements TOT Al -PROJECTED REVENUES A:ND OTHER SOURCES ESTIMATED EXPENDITURES AND OTHER USES Personnel Charges Legal Services : General Litigation Riding Park Management Agreement: Base Management Fee Event Management Fee Other Riding Park Expenditures Facility Lease Pursuant to Settlement Agreement Professional & Contract Services Grounds & Building Maintenance Other Maintenance & Repairs Utilities Supplies & Materials Transfers Out : Transfer Out to Capital Projects Fund TOTAL-ESTIMATED EXPENDf'fURES AND OTHER USES ADOPTED 2018/19 $ 1,500,000 1,500,000 85,290 25,000 750,000 235,000 260,000 36,000 20,000 161,325 28,000 20,575 5,000 1,626,190 AMENDED ADOPTED 2018/19 (1) 2019/20 $ 1,500,0dO $ 1,500,000 605,000 3,095 2,108,095 1,S00,000 85,290 89,285 25,000 10,000 605,000 750,000 750,000 235,000 235,000 260,000 260,000 36,000 36,000 78,000 18,000 186,325 166,385 33,820 28,000 43,575 20,575 5,000 5,000 36,950 2,,379,960 1.618:,245 PROPOSED PROPOSED ADJUSTMENTS 2019/20 $ $ 1,500,000 1,500,000 1,690 90,975 10,000 750,000 235,000 260,000 36,000 18,000 166,385 28,000 25,425 46,000 5,000 l.1,115 1,645,360 CURRENT YEAR REVENUE OVER (UNDER) EXPENDITURES $ (126,190) $ {271,865) $ (118,245) $ (27,115) $ (145,360) (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 14 of 30 CITY OF SAN JUAN CAPISTRANO FORFEITED CONSTRUCTION & DEMOLITION (C&D) BONDS FISCAL YEAR 2019/20 UPDATE ADOPTED AMENDED ADOPTED PROPOSED Description 2018/19 2018/19 (1) 2019/20 ADJUSTMENTS PROJECTED REVENUE AND OTHER SOURCES Forfeited C&D Bonds $ 25,000 $ 27,555 $ 25,000 $ TOTAL--PROJECTED REVENUES AND GTHER SOURCES 25,000 27 SSS 25,000 ESTIMATED EXPENDITURES AND OTHER USES Personnel Charges 7,940 16,105 8,340 5 Printing and Supplies 2,555 Contract Services for Records Destruction 4,995 4,995 4,995 Administrative Overhead 1,785 3,620 1,840 TOTAL -ESTIMATEO .EXPENOlruRES AND OTHER USES 14,720 27;1.75 15,175 5 PROPOSED 2019/20 $ 25,000 25,000 8,345 4,995 1,840 15,180 CURRENT YEAR REVENUE OVER (UNDER) EXPENDITURES 10,280 280 $ 9,825 $ (5) $ 9,820 (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 15 of 30 CITY OF SAN JUAN CAPISTRANO CERTIFIED ACCESS SPECIALIST PROGRAM FISCAL YEAR 2019/20 UPDATE Description PROJECTED REVENUE AND OTHER SOURCES SB1186 FEES TOTAL -PRO JECTED REVEN UES AND OTHER SOURCES ESTIMATED EXPENDITURES AND OTHER USES Contract Services Special Certification Costs Mileage Reimbursement TOTAi. EsTI MAi'£0 £><PENDITURES AND OTHER USES $ ADOPTED 2018/19 AMENDED 2018/19 (1) $ 35,100 $ 3S,100 3,470 100 3,510 ADOPTED 2019/20 PROPOSED PROPOSED ADJUSTMENTS 2019/20 $ 5,000 3,700 8,700 $ 5,000 3,700 8,700 CURRENT YEAR REVENUE OVER (UNDER) EXPENDITURES S -S 31,530 $ -$ (8,700) S (8,700) (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 16 of 30 CITY OF SAN JUAN CAPISTRANO LANDSCAPE MAINTENANCE DISTRICT FUND FISCAL YEAR 2019/20 UPDATE ADOPTED AMENDED ADOPTED Description 2018/19 2018/19 (1) 2019/20 PROJECTED REVENUE AND OTHER SOURCES Current Assessments $ 134,155 $ 134,155 $ 134,155 TOTAL -PROJECTED REVENUES ANO OTHER SOURCES 134,155 134,155 134,1.SS ESTIMATED EXPENDITURES AND OTHER USES Personnel Charges 12,680 12,680 13,310 Utilities 46,930 46,930 47,000 Grounds and Other Maintenance 90,540 90,540 76,795 Materials, Services & Repairs 19,880 19,880 19,880 Administrative Overhead 3,590 3,590 3,700 TOTAL -ESTIMATED ~PENDITURES AND OTHER USES 1.73,.620 173,6l0 160,685 PROPOSED PROPOSED ADJUSTMENTS 2019/20 $ $ 134,155 134,1.55 210 13,520 7,090 54,090 2,125 78,920 (190) 19,690 (20) 3,680 9,215 169,900 CURRENT YEAR REVENUE OVER (UNDER) EXPENDITURES $ (39,465) $ (39,465) $ (26,530) $ (9,215) $ (35,745) (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 17 of 30 CITY OF SAN JUAN CAPISTRANO CDBG/HOME GRANT FUND FISCAL YEAR 2019/20 UPDATE Description PROJECTED REVENUE AND OTHER SOURCES Program Income-State CDBG Program Income-State HOME Investment Interest 'fOTAL ·PROJECTED REVENUES AND OTHER SOURCES. ESTIMATED EXPENDITURES AND OTHER USES Personnel Charges Professional & Contract Services TOTAL -EStl MATED EXPENDITURES ~D 01iHER US6 $ ADOPTED 2018/19 40,000 120,000 2,87S 162,875 12,460 80,350 92,810 AMENDED 2018/19 (1) $ 40,000 120,000 2,87S 162,875 12,460 80,350 92.810 $ ADOPTED 2019/20 40,000 120,000 2,905 162,905 13,075 116,850 U9,92S PROPOSED ADJUSTMENTS $ 1 ,095 1,o95 (630) (630) PROPOSED $ 2019/20 40,000 120,000 4,000 164,000 12,445 116,850 U9,295 CURRENT YEAR REVENUE OVER (UNDER} EXPENDITURES $ 70,065 $ 70,065 $ 32,980 $ 1,725 S 34,705 (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 18 of 30 CITY OF SAN JUAN CAPISTRANO SAN ONOFRE NUCLEAR GENERATING STATION (SONGS) FUND FISCAL YEAR 2019/20 UPDATE Description PROJECTED REVENUE AND OTHER SOURCES SONGS Reimbursement TOTAL-PROJECTED REVENUES AND OTHER SOURCES ESTIMATED EXPENDITURES AND OTHER USES Personnel Charges Professional & Contract Services Utilities Supplies & Materials Machinery & Equipment Maintenance Building Maintenance Training Administrative Overhead Program Overhead Equipment TOTAL -EST1MA:r£1) EXP£NDITURES AND OTHER USES $ ADOPTED 2018/19 193,600 193,600 49,845 6,250 3,015 5,781 40,000 8,209 500 30,000 50,000 193,600 AMENDED 2018/19 (1) $ 202,550 202,SSO 49,845 6,250 3,015 5,781 40,000 8,209 500 30,000 50,000 8,950.00 202,SSO $ ADOPTED 2019/20 193,600 193,600 51,995 5,250 3,015 2,430 40,000 10,410 500 30,000 50,000 193,600 PROPOSED PROPOSED ADJUSTMENTS 2019/20 $ (355) 355 $ 193,600 193,600 51,640 5,250 3,015 2,785 40,000 10,410 500 30,000 50,000 193,600 CURRENT YEAR REVENUE OVER (UNDER) EXPENDITURES $ · S -$ • $ . S • (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 19 of 30 CITY OF SAN JUAN CAPISTRANO AIR QUALITY MANAGEMENT DISTRICT (AQMD)/ AB 2766 FUND FISCAL YEAR 2019/20 UPDATE ADOPTED AMENDED ADOPTED PROPOSED Description 2018/19 2018/19 (1) 2019/20 ADJUSTMENTS PROJECTED REVENUE AND OTHER SOURCES State AQMD/AB2766 Fees $ 46,000 $ 46,000 $ 46,000 $ (1,000) Investment Interest 2,000 2,000 2,000 1,000 TOTAL-PROJECTED REVENlilES ·ANO OTHER SOURCES 48,~ 48,000 48,00iO ESTIMATED EXPENDITURES AND OTHER USES Community Services: Electric Golf Cart 12,000 Public Safety: Mounted Police Unit for Swallows' Day Parade 5,000 Transfer Out -Highways, Streets & Roads Grant Fund 23,728 Transfer Out to General Fund for: Trolley Program 20,000 63,673 16,000 3,600 Senior Mobility Transportation Program 19,000 19,000 19,000 1,000 Vehicle Miles Traveled (VMT) Program 4,500 TOTAL -£STIMATED EXPENDITURES AND OTHER USES 39,000 123,401 35,000 9,100 PROPOSED 2019/20 $ 4S,OOO 3,000 48,000 19,600 20,000 4,500 44,100 CURRENT YEAR REVENUE OVER (UNDER) EXPENDITURES $ 9,000 $ (75,401) $ 13,000 $ (9 ,100) $ 3,900 (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 20of30 CITY OF SAN JUAN CAPISTRANO HOUSING IN-LIEU FEE FUND FISCAL YEAR 2019/20 UPDATE Description PROJECTED REVENUE AND OTHER SOURCES Housing In-Lieu Fees $ Investment Interest TOTAL -PROJECTED REVENUES AND OTHER SOURCES ESTIMATED EXPENDITURES AND OTHER USES Affordable Housing -Project Participation TOTAL -ESTIMATED EXPENDITURES AND OTHER USES ADOPTED 2018/19 AMENDED ADOPTED 2018/19 (1) 2019/20 $ $ 300,000 28,000 28,000 300,000 PROPOSED PROPOSED ADJUSTMENTS 2019/20 $ (300,000) $ 23,000 23,000 (Zn,000) 23.000 CURRENT YEAR REVENUE OVER (UNDER) EXPENDITURES $ -$ 28,000 $ 300,000 $ (277,000) $ 23,000 (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 21 of 30 Description CITY OF SAN JUAN CAPISTRANO LAW ENFORCEMENT GRANTS FUND FISCAL YEAR 2019/20 UPDATE ADOPTED 2018/19 AMENDED 2018/19 (1) ADOPTED 2019/20 PROPOSED PROPOSED ADJUSTMENTS 2019/20 PROJECTED REVENUE AND OTHER SOURCES State Grant (COPS) $ 125,000 $ 150,000 $ 125,000 $ $ 125,000 T'OT Al · PROJECTED REVEN U ES AND OTHER SOURq,S ESTIMATED EXPENDITURES AND OTHER USES Transfer Out-General Fund 1.25,000 150,000 125,000 125,000 TOTAL· -ESTIMATB> EXPEND ITU RES A'ND OTHER USES 125,000 150,000 150,000 125,000 125,000 125,000 $ 125,000 125,000 DUd;1#112ti 1;1d¥2Wfi 1 •1t@bUN 11 i;11 W&?11119•1¥• . $. $. $ . $. (1) Per the City's Fiscal Vear 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 22 of 30 CITY OF SAN JUAN CAPISTRANO DEVELOPER DEPOSITS FUND FISCAL YEAR 2019/20 UPDATE ADOPTED AMENDED ADOPTED Description 2018/19 2018/19 (1) 2019/20 PROJECTED REVENUE AND OTHER SOURCES Developer Deposits $ 422,550 $ 422,550 $ 445,150 TOTAL -PROJ ECTED REVENUES AND OTHER SOURCES 422,550 .422,550 445,150 ESTIMATED EXPENDITURES AND OTHER USES Personnel Charges 277,120 277,120 293,665 Allocated Charges 145,430 145,430 151,485 TOTAL -ESTIMATED EXPENDITURES AND OTHER USES 422,550 422,550 445,150 PROPOSED PROPOSED ADJUSTMENTS 2019/20 $ (19,800) $ 425,350 -(19;1100) 425,350 (18,405) 275,2£0 (1,395) 150,090 (19,800) 425,lSo CURRENT YEAR REVENUE OVER (UNDER) EXPENDITURES $ -$ -$ -$ -$ - (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 23 of 30 CITY OF SAN JUAN CAPISTRANO DEBT SERVICE FUND FISCAL YEAR 2019/20 UPDATE Description PROJECTED REVENUE AND OTHER SOURCES Property Tax Levy-Series 2009A, Measure Y Investment Interest -Measure Y Transfers In -General Fund TOTAL-PROJECTED REVENUES-AND OTHER SOURCES ESTIMATED EXPENDITURES AND OTHER USES General Obligation Bonds -Measure D Bond Administration Costs Refunding General Obligation Bonds -Measure Y Professional & Contract Services Principal Interest Bond Administration Costs Judgment Obligation Bonds Principal Interest Bond Administration Costs TOTAl-ESTIMATED EXPENDITUR£SAND OlHER USES $ ADOPTED 2018/19 1,854,000 8,000 308,315 2,170,315 8,000 875,000 972,070 6,500 275,000 29,515 3,800 U69,885 AMENDED 2018/19 (1) $ 1,854,000 8,000 308,315 2,170.315 1,375 6,625 875,000 972,070 6,500 275,000 29,515 3,800 2,169,885 $ ADOPTED 2019/20 1,852,000 8,000 310,775 2,110,ns 8,000 885,000 960,960 6,500 285,000 21,975 3,800 2,171,235 PROPOSED ADJUSTMENTS $ 4,000 4,000 PROPOSED $ 2019/20 1,852,000 12,000 310,775 2,174,nS 8,000 885,000 960,960 6,500 285,000 21,975 3,800 2,171.23.5 CURRENT YEAR REVENUE OVER (UNDER) EXPENDITURES $ 430 $ 430 $ (460) $ 4,000 S 3,540 (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 24of30 ' CITY OF SAN JUAN CAPISTRANO DOMESTIC WATER OPERATIONS FUND FISCAL YEAR 2019/20 UPDATE ADOPTED AMENDED ADOPTED PROPOSED PROPOSED Description 2018/19 2018/19 (1) 2019/20 ADJUSTMENTS 2019/20 PROJECTED REVENUE AND OTHER SOURCES Water Commodity Charges $ 16,131,000 $ 15,368,000 $ 16,131,000 $ 195,000 $ 16,326,000 Customer Service Charges 5,263,000 5,263,000 5,263,000 5,263,000 MWD Grant@ $250/AF 596,000 475,000 596,000 (114,750) 481,250 Meter, Inspection, Plan Check Fees 107,000 195,000 82,000 {9,000) 73,000 Charges to Other Funds 237,000 237,000 243,000 (3,000) 240,000 Other Water Service Revenues 172,000 239,qoo 172,000 17,000 189,000 Investment Interest 5,000 25,000 5,000 25,000 30,000 TOTAL -PROJ£CTED REVENUES ANO 01Htfl. SOURCES 22,Stl,000 21;ilo~ooo 22,492,0DO 110,250 22)i02.2§0 ESTIMATED EXPENDITURES AND OTHER USES General Liability Insurance 428,700 505,700 483,215 {9,410) 473,805 Legal Services: General 50,000 50,000 50,000 50,000 Litigation 383,000 Special Counsel for Utilities Reorganization Project 125,000 70,000 70,000 Finance: Customer Service 603,370 602,370 614,710 (1,605) 613,105 Actuarial Services for Utilities Reorganization Project 45,000 Utilities Administration 782,839 813,669 816,509 192,526 1,009,035 General Engineering 239,495 148,695 250,840 106,75 0 357,590 Development Engineering 87,070 88,320 91,195 51,200 142,395 Engineering-Inspection 137,985 139,985 144,510 2,4 70 146,980 G£NEAAl WATER OPERATIONS General Services 1,195,085 1,254,505 1,227,850 (259,585} 968,265 Water Conservation 48,565 48,565 48,565 48,565 Field Customer Service 131,290 105,145 141,820 (34,865) 106,955 Strategic Planning 249,705 229,705 250,055 (28,575) 221,480 Regulatory Compliance 70,945 62,045 72,415 {10,230) 62,185 Import Water Supply 5,798,295 5,835,295 6,031,750 806,390 6,838,140 Distribution & Pumping 271,350 285,750 274,005 27,230 301,235 System Water Quality 523,615 475,300 543,535 {8,340) 535,195 Cross & Backflow Connection 43,600 43,600 45,555 (340) 45,215 System Maintenance 898,920 830,920 920,825 64,155 984,980 Well Maintenance 64,180 76,180 65,430 18,525 83,955 Reservoir Maintenance 66,810 79,810 67,340 10,915 78,255 Preventative Maintenance 54,970 54,970 54,970 54,970 Booster & Facilities Maintenance 99,145 99,145 100,445 {18,485) 81,960 Emergency & After-Hours Response 70,835 70,835 77,970 (205) 77,765 Interest on Loan from Sewer Funds 15,000 15,000 10,000 {S,000) 5,000 Principal Repayment on Loan from Sewer Funds 1,475,000 1,475,000 750,000 (110,000) 640,000 Amounts funded by Drought Penalty Revenues: Extra Staff help 114,940 75,145 118,260 (34,660) 83,600 GWftP OPERATIOf:4S General Services 132,302 55,302 136,382 (5,077) 131,305 Regulatory Compliance 4,275 3,000 3,000 System Water Quality 128,000 128,000 128,000 {38,500) 89,500 Plant 1,424,270 1,520,325 1,486,075 158,610 1,644,685 Well Maintenance 375,863 364,088 382,803 {37,098) 345,705 Reservoir Maintenance 3,345 5,845 3,345 3,345 Emergency & After-Hours Response 88,550 88,550 97,460 (260) 97,200 'TltA NSFats-OUT To General City Capital Projects Fund 355,135 To Water Debt Service Fund 3,042,360 3,042,360 2,963,590 (11,200) 2,952,390 To Domestic Water Capital Replacement Fund 1,500,000 1,405,000 1,800,000 200,000 2,000,000 TOTAl -£STIMATED E>Cl>OIDITURES AND OTIIER USES 20,216,399 20,987,534 20,249,424 1,098,33'i 21,347,760 CURRENT YEAR REVENUE OVER (UNDER} EKPENDITURES S 2,294,601 S 814,466 S 2,242,576 S (988,086} S 1,254,490 (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. 121 Although the proposed budget reflects Water Operations and Groundwater Recovery Plant Operations as a single fund in the City's accounting system, the costs of the Groundwater Recovery Plant are identified separately above to provide additional detail concerning the operations of the Groundwater Recovery Plant. EXHIBIT A Page 25 of 30 CITY OF SAN JUAN CAPISTRANO WATER DEBT SERVICE FUND FISCAL YEAR 2019/20 UPDATE Description PROJECTED REVENUE AND OTHER SOURCES Property Taxes-General Investment Interest Transfer from Domestic Water Operations Fund TOTAL-PROJECTED REVENUES AND OTHER SOURCES ESTIMATED EXPENDITURES AND OTHER USES San Juan Basin Authority Lease Revenue Bonds Lease Payment-SJ BA Series Bond Administration Costs 20J4A Water Refunding Bonds Principal Interest Bond Ai:tministration Costs 20J7 Installment Note Principal Interest Bond Administration Costs TOTAL-ESTil\llAT£0 EXPENDltuRES AND OTHER USEs $ ADOPTED 2018/19 1,218,000 5,000 3,042,360 4,i65,%0 1,904,750 2,500 1,089,860 602,950 5,000 395,000 262,800 2,500 4,2~,360 AMENDED 2018/19 (1) $ 1,218,000 5,000 3,042,360 4,265,360 1,904,750 2,500 1,089,860 602,950 5,000 395,000 262,800 $ ADOPTED 2019/20 1,274,800 5,000 2,963,590 4;243,390 1,904,900 2,500 1,126,070 562,180 5,000 390,000 250,240 2,500 4,2§3,390 2.s.00 4,lOS,360·--•-=-'"..-. PROPOSED PROPOSED ADJUSTMENTS 2019/20 $ 8,200 $ 1,283,000 3,000 8,000 (11,200) 2,952,390 4,2.43,390 1,904,900 2,500 1,126,070 562,180 5,000 390,000 250,240 2,500 4,243,390 CURRENT YEAR REVENUE OVER (UNDER/ EXPENDITURE $ -S · $ -S -$ · (1) Per the City's fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 26 of 30 CITY OF SAN JUAN CAPISTRANO NON-POTABLE WATER OPERATIONS FUND FISCAL YEAR 2019/20 UPDATE ADOPTED AMENDED ADOPTED PROPOSED PROPOSED Description 2018/19 2018/19 (1) 2019/20 ADJUSTMENTS 2019/20 PROJECTED REVENUE AND OTHER SOURCES Water Commodity Charges $ 993,000 $ 945,000 $ 993,000 $ 5,000 $ 998,000 Customer Service Charges 72,000 72,000 72,000 72,000 Meter, Inspection, Plan Check Fees 4,000 4,000 1,000 1,000 2,000 MWD Grant@ $150/AF 13,500 Investment Interest 1,000 1,000 TOTAL· PROJECTED REVEN UES A NQ OTHER SOURCES 1.,069~000 l,,034,500 1,066,000 7:000 ~073,000 ESTIMATED EXPENDITURES AND OTHER USES General Liability Insurance 3,230 3,230 3,920 (1,590) 2,330 Customer Service 8,855 8,855 8,935 (65) 8,870 General Engineering 21,665 21,665 22,665 (12,220) 10,445 Development Engineering 20,625 20,785 21,575 5,395 26,970 Engineering-Inspection 1,865 1,865 1,955 (l,955) NON.POTABLE WATER OPERATIO NS General Services 1,500 1,500 1,500 1,500 Strategic Planning 190 190 200 10 210 Regulatory Compliance 220 220 235 (235) Import Water Supply 406,790 321,790 415,375 (128,090) 287,285 Cross & Backflow Connection 3,000 3,000 3,000 (500) 2,500 System Maintenance 29,010 28,850 29,625 (11,630) 17,995 Well Maintenance 72,919 93,919 73,474 10,841 84,315 TRANSFERS OUT Transfers Out -Non-Potable Water CIP 400,000 400,000 400,000 230,000 63 0,000 TOTAL-ESTI MATED EXPE'NDrruRES AND OTH£,ff. USES 969,869 .905)169 9s2jis9 89,.961 1,G72.42D CURREN7 YEAR REVENUE OVER (UNDER) EXPENDITURES S 99.Bl S 128.631 $ 83,54l $ (82..%1\ $ 580 (1) Per the City's Fiscal Vear 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 27 of 30 CITY OF SAN JUAN CAPISTRANO SEWER ENTERPRISE FUND FISCAL YEAR 2019/20 UPDATE ADOPTED AMENDED ADOPTED Description 2018/19 2018/19 (1) 2019/20 PROJECTED REVENUE AND OTHER SOURCES Sewer Service Charges $ 3,732,000 $ 3,732,000 $ 3,732,000 Investment Interest 5,000 15,000 5,000 Other Interest 7,500 7,500 5,000 Loan Repayment from Water Operations Fund 737,500 737,500 375,000 TOTAL· PROJECTED REVENUES' AND OTH~R SOURCES 4,482,000 4,492,000 4,ID,ooo ESTIMATED EXPENDITURES AND OTHER USES General Liability Insurance 6,170 6,170 7,535 Customer Service 181,065 181,065 186,040 General Engineering 21,665 21,665 22,665 Engineering Inspection Services 3,735 3,735 3,915 Fats, Oils, and Grease (FOG) Inspection Pro&!am 30,000 24,800 20,000 WAS1i£WA~ ~TIONS General Services 63,580 63,660 65,715 Strategic Planning 1,035 1,035 1,080 Regulatory Compliance 6,905 6,905 6,910 Lift Stations 149,909 149,909 150,954 Operating Contribution to South Orange County Wastewater Authority (SOCWA) 1,902,700 2,146,765 1,959,700 System Maintenance 771,605 771,810 813,235 Emergency & After Hours Response 13,290 18,140 .14,620 TRANSf'ERS OUT Transfers Out to Sewer Capital Replacement Fund 1,000,000 1,000,000 2,500,000 TOTAl·UflMAT£0 e<PU.OfruRES AND OTM~~ 4,151,659 4,J95,6S9 5,7$2,.369 PROPOSED PROPOSED ADJUSTMENTS 2019/20 $ $ 3,732,000 9,000 14,000 (2,500) 2,500 (55,000) 320,000 (48,500) 4,068,Soo 4,075 11,610 (1,355) 184,685 26,145 48,810 (3,915) 8,500 28,SOO 24,640 90,355 1,080 (110) 6,800 (85,559) 65,395 250,760 2,210,460 4,400 817,635 3,960 18,580 (1,000,000) 1,500,000 (7U,459) 4,983,91,0 CURRENT YEAR REVENUE OVER (UNDER) EXPENDITURES S 330,341 S 96.:.41 S 11,635,369) S 719.959 S i91S.4101 (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 28 of 30 CITY OF SAN JUAN CAPISTRANO INSURANCE & BENEFITS FUND FISCAL YEAR 2019/20 UPDATE Description PROJECTED REVENUE AND OTHER SOURCES Medical Charges Dental Charges Vision Charges Worker's Compensation Charges Other Benefit Charges Retiree Health Ins. Charges Retirement Charges Bilingual Pay Charges General Liability Charges TOT AL · PROJEcr.ED REVENUES AND OTHER SOURqs ESTIMATED EXPENDITURES AND OTHER USES Health Insurance Reimbursement Medical Insurance Premiums Dental Insurance Premiums Vision Insurance Premiums Life Insurance Premiums Disability Insurance Worker's Compensation Premiums Retiree Health Insurance Premiums Bilingual Pay O.C. Employees Retirement System ICMA Retirement System Medicare Liab ility Insurance/Bonds roTAL -ESTIMATED EXPENDITURES AND OTflER USES $ ADOPTED 2018/19 1,435,875 123,000 26 ,,000 82,000 214,000 145,000 2,594,000 19,000 1,054,200 S,693,07S 47,000 1,358,875 123,000 26,000 30,000 62,000 82,000 175,000 19,000 2,586,000 8,000 122,000 1,054 ,2 00 5,-693,o75 AMENDED 2018/19 (1) $ 1,435,875 123,000 26,000 82,000 214,000 145,000 2,594,000 19,000 1,054,200 5,693,075 47,000 1,358,875 123,000 26,000 30,000 62,000 82,000 175,000 19,000 2,586,000 8,000 122,000 1,054,200 5,693,075 $ ADOPTED 2019/20 1,540,170 129,000 27,000 216,000 214,000 159,000 2,736,000 19,000 1,225,000 6,265,170 47,000 1,464,170 129,000 27,000 30,000 62,000 216,000 188,000 19,000 2,728,000 B,000 122,000 1,225,000 6,lGS,170 PROPOSED PROPOSED ADJUSTMENTS 2019/20 $ (53,170) (10,000) 10,000 (38,000) 45,000 (2,000) (23,000) (71,170t 2,000 (26,170) (10,000) 3,000 (67,000) (2,000) 40,000 5,000 7,000 (23,000) (71."170) $ 1,487,000 119,000 27,000 216,000 224,000 121,000 2,781,000 17,000 1,202,000 6,194,000 49,000 1,438,000 119,000 27,000 30,000 65,000 216,000 121,000 17,000 2,768,000 13,000 129,000 1,202,000 6.194.000 -$ -s. s -s - (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019 . EXHIBIT A Page 29 of 30 CITY OF SAN JUAN CAPISTRANO FACILITIES OPERATIONS FUND FISCAL YEAR 2019 /20 UPDATE Description PROJECTED REVENUE AND OTHER SOURCES Fixed Asset/Occupancy Charges Vehicle Operation Charges IT /Communication Charges Investment Interest Other Reimbursements TOTAL-PR<:>JECTED REVENUES AND OllHER SOURCES ESTIMATED EXPENDITURES AND OTHER USES $ ADOPTED 2018/19 1,002,495 321,765 1,025,490 20,000 2,3691750 AMENDED 2018/19 (1) $ 1,060,495 331,765 1,025,490 20,000 87,415 2,525,165 $ ADOPTED 2019/20 973,825 323,830 1,066,600 20,000 2,384 5 Fleet Acquisition & Maintenance 450,765 623,765 419,830 Facility Maintenance 988,785 1,192,300 960,130 Business Services 33,700 33,700 33,700 Information Tech & Communication Services 1,187,595 1,222,595 1,173,700 Transfer Out to Capita l Projects Fund 152,000 455,345 152,000 PROPOSED PROPOSED ADJUSTMENTS 2019/20 $ 58,880 $ 1,032,705 25 323,855 (52,745) 1,013,855 20,000 6,t60 2,3~15 25 419,855 58,880 1,019,010 33,700 (52,745) 1,120,955 152,000 6,160 Z.74S,52.0 TOTAL-ESTIMATED EXPEr.lblTURES AND OTffER USES 2,812.,845 ~ 2,739,360 f!9;M@t1Mt;t;lj'<tm11J•JV1i"IW•J1ilH@W.YiU;lWWWEMWIOOI!WIDWWMM1W W€lilil!ildi (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. EXHIBIT A Page 30 of 30 RESOLUTION NO. 19-06-04-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING THE SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2019-20 THROUGH 2025-26 WHEREAS, the City Council of the City of San Juan Capistrano held a public workshop on May 7, 2018 , to consider the Proposed Seven-Year Capital Improvement Program for Fiscal Years 2018-19 through 2024-25; and, WHEREAS, the proposed Seven-Year Capital Improvement Program (CIP) has been amended for Fiscal Years 2019-20 through 2025-26 as part of the City's Fiscal Year 2019-20 Budget Update; and, WHEREAS, the proposed Seven-Year Capital Improvement Program (CIP) is considered a planning document for the projects that are necessary to meet the needs of the community; and, WHEREAS , the City Council intends to use the Seven-Year CIP as a guide for the allocation of resources to meet the needs of the community and achieve the City Council's established goals and priorities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby adopt the Seven-Year Capital Improvement Program for Fiscal Years 2019-20 through 2025-26 as shown in Exhibit A attached hereto and incorporated by reference and as follows: Project Fiscal Year <1> Expenditures 2019-20 $ 10,194,040 2020-21 18,308,420 2021-22 15,037,780 2022-23 14,058,000 2023-24 7,412,000 2024-25 9,124,000 2025-26 8,313,000 TOTAL $ 8214471240 <1> The Fiscal Year 2019-20 project expenditures have been adopted as part of the Fiscal Year 2019-20 Operating and Capital Budget of the City of San Juan Capistrano. 1 ATTACHMENT 3 PASSED, APPROVED, AND ADOPTED this 4th day of June 2019. BRIAN L. MARYOTT, MAYOR ATTEST: MARIA MORRIS, CITY CLERK 2 ATTACHMENT 3 CITY OF SAN JUAN CAPISTRANO 2019-2026 CIP PROJECT SUMMARY BY TYPE PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROJECT 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 TOTAL TRANSPORTATION xxlOl-Annual Traffic Signal Cabinet Upgrades S 255,000 $ 260,000 $ 265,000 $ 270,000 $ 110,000 $ $ $ 1,160,000 07117-1-5/San Juan Creek Road Underpass Improvements 181,040 270,920 383,780 6,617,000 7,452,740 08102-Pavement Management Program (PMP) 95,000 50,000 50,000 195,000 11101-Citywide Sign Replacement Program 50,000 40,000 40,000 40,000 170,000 19101-Meredith Canyon Streets Pavement Rehabilitation 1,702,000 1,458,000 3,160,000 19102-Camino Capistrano Pavement Rehabilitation 450,000 550,000 990,000 1,990,000 (Aeropuerto to Costco) 20102-Public Right-of-Way ADA Implementation Plan 25,000 72,500 10,000 107,SOO xxxxx-Mission Spring Streets Pavement Rehabilitation 1,445,000 445,000 1,890,000 xxxxx-Sun Ranch Streets Pavement Rehabilitation 130,000 1,094,000 956,000 2,180,000 xxxxx-Village San Juan and Casitas Streets Pavement Rehab. 865,000 1,603,000 2,468,000 Pavement Rehabilitation xxxxx-Mission Creek Streets Pavement Rehabilitation 200 000 2 010 000 2 210 000 SUBTOTAL $ 2,613,040 $ 2,706,420 $ 3,273,780 $ 8,516,000 $ 1,971,000 $ 1,893,000 $ 2,010,000 $ 22;983,240 PARKS AND OPEN SPACE 07204-Citywide Trail Improvements $ $ 75,000 $ $ 75,000 $ $ 75,000 $ S 225,000 09203-Citywide Playground Upgrades 120,000 120,000 125,000 130,000 130,000 130,000 755,000 18204-Los Rios Phase II Improvements 1,630,000 1,630,000 20201-2.4 Acre Site (adjacent to Reata Park) 200,000 200,000 20202-Arizona Crossing Removal 129,000 365,000 494,000 20203-Stream Bank Restoration 195,000 1,600,000 1,795,000 xxxxx-Sports Park Improvements 995,000 995,000 jsuBTOTAL $ 324,000 $ 2,360,000 $ 2,745,000 $ 200,000 $ 130,000 $ 205,000 $ 130,000 $ 6,094,000 BUILDINGS AND FACILITIES 15306-ADA Self Evaluation and Transition Plan $ 152,000 $ 152,000 $ 152,000 $ 152,000 $ 152,000 $ 152,000 $ 152,000 $ 1,064,000 XlCJQ(X·Hlstoric Town Center Park Storage Facility 180,000 -180,000 lsuBTOTAL s 152,000 $ 152,000 $ 332,000 $ 152,000 $ 152,000 $ 152,000 $ 152,000 $ 1,244,000 DRAINAGE 20501-Confined Animal Feeding Operations (CAFO) $ 565,000 $ 5,125,000 $ 450,000 $ S $ $ $ 6,140,000 Storm water Treatment SyHem lsuBTOTAL $ 565,000 s 5,125,000 $ 450,000 $ s s $ -$ 6,140,000 DOMESTIC WATER 08801-Joint Regional Water Supply System (JRWSS) $ S $ $ $ 505,000 $ 100,000 $ 100,000 $ 705,000 \J Capital Replacemeflls !l> m 17801-San Juan Hills Greens Cathodic Protection System 275,000 275,000 <g X 17802-760S Zone Pump Station Discharge Line Replacement 800,000 800,000 1,600,000 _... I 17803-Valve Insertion Program 200,000 200,000 200,000 200,000 200,000 200,000 200,000 1,400,000 0 CO 17806-Water Facility Control Systems 200,000 200,000 200,000 200,000 200,000 1,000,000 ~ -I 17807-Well Facility Equipment Replacement Program 135,000 135,000 90,000 135,000 90,000 90,000 135,000 810,000 N )> 19803-GWRP Clear Well Replacement 250,000 250,000 19804-Pump Station Component Replacements 440,000 460,000 480,000 500,000 540,000 580,000 3,000,000 19805-Eastern Transmission System Repairs 100,000 200,000 220,000 220,000 740,000 "'U ~m CD >< NI 0 OJ --N -i N )> PROJECT 20801-System Repairs and Upgrade of Appurtenances 20802-Safety Access Stair and Platform System xxxxx-Groundwater Recharge with Storm Water xxxxx-San Juan Hills Greens and Estates Pipeline Replacement isuBTOTAL RECYCLED WATER .x601-Annual Recycled Water Service Conversions Project 17601-Trampas Canyon Recycled Water Reservoir 18601-Calle Arroyo Recycled Pipeline XJO<xx·Recyc led Water Master Plan ls u BTOTAL SEWER xx701-Annual Sewer Replacement Program 07701-South Orange County Wastewater Authority PC#2 & #5 Rehab 08701-Food, Oils & Grease (FOG) Inte rceptor Program lsuBTOTAL !GRAN D TOTAL $ $ $ $ $ $ CITY OF SAN JUAN CAPISTRANO 2019-2026 CIP PROJECT SUMMARY BY TYPE PROPOSED PROPOSED PROPOSED PROPOSED 2019/20 2020/21 2021/22 2022/23 100,000 1,000,000 1,000,000 1,000,000 120,000 S85,000 1,5 70,000 $ 2,995,000 $ 3,240,000 $ 2,840,000 $ 170,000 $ 170,000 $ 170,000 $ 170,000 $ 10,000 101,000 101,000 475,000 1,820,000 337,000 165,000 100,000 170 ,000 $ 820,000 $ 2,191,000 $ 608,000 $ 400,000 $ SS0,000 $ 550,000 $ 600,000 $ 4,400,000 3,600,000 2,256,000 1,117,000 25,000 4,soo,ooo $ 4,lS0,000 $ 2,806,000 s 1,742,000 s 10,194,()llO_~__!ll,3 08,4 20 $ 15,037, 780 $ 14,0 58,000 $ PROPOSED PROPOSED PROPOSED 2023/24 2024/25 2025/26 TOTAL 1,000,000 1,000,000 1,000,000 6,100,000 120,000 585,000 585,000 585,000 2,340,000 2,300,000 2,300,000 4,600,000 3,120,000 $ 4,855,000 $ 4,3 20,000 s 22,940,000 $ $ $ 680,000 101,000 101,000 101,000 515,000 2,632,000 265,000 101,000 s 10 1,000 $ 10 1,000 $ 4,092,000 600,000 $ 600,000 $ 600,000 $ 3,900,000 1,318,000 1,318,000 1,000,000 15,009,000 20,000 45,000 1,938,000 $ 1,918,000 $ 1,600,000 $ 18,954,000 7,412,000 $ 9,124,0 00 $ 8,313,000 $ 82,447,240 Description BEGINNING FUND BALANCE $ REVENUES Revenue/Fees In Current Year Project Funding Grants Interest Developer Contribution Loan Repayment from Water Operations Fund Loan Repayment from Measure M Fund Loan Repayment from Successor Agency Loan Repayment from State Gas Tax Loan Interest Transfers In TOTAL· PROJECTED REVENUES AND OTHER SOURCES $ TOTAL"FUNDS AVAILABLE EXPENDITURES Transportation Projects Parks and Open Space Projects Buildings and Facilities Projects Drainage Projects Non-Potable Water Projects Sewer Projects Water Projects Ope rating Expen ditures/Transfers Out to:tAL tlO'ENIJITURES $ AMENDED 2018/19 (1) 25,194,956 $ 4,435,000 455,345 822,825 173,500 350,000 737,500 436,277 120,000 41,000 12,500 2,832,728 i 0,416;615 $ 35,611,631 $ 7,121,385 3,638,385 655,345 400,715 317,465 4,026,780 3,733,215 1,052,337 20,945,627 $ CITY OF SAN JUAN CAPISTRANO CONSOLIDATED CIP FUNDS FISCAL YEAR 2019/20 UPDATE PROPOSED PROPOSED PROPOSED PROPOSED 2019/20 2020/21 2021/22 2022/23 14,666,004 s 20,583,464 s 30,345,044 $ 28,755,264 $ 8,492,000 16,187,000 7,611,000 4,882,000 1,041,000 7,242,000 602,000 152,000 176,400 189,500 190,500 207,500 195 ,000 196,000 185,000 171,000 2,000,000 411,000 320,000 240,000 41,000 2,500 4,130,000 4,795,000 5,400,000 5,300,000 111,637,U $ 28:609,~ r$ ll,90;500-$-11;ln;SM-$ 31,303,904 ,$ 2,613,040 324,000 152,000 565,000 170,000 4,800,000 1,570,000 526,400 10,720,440 $ 49,192,964 $ 2,706,420 2,360,000 152,000 5,125,000 820,000 4,150,000 2,995,000 539,500 18,841)110 $ 44,333,544 $ 3,273,780 2,745 ,000 332,000 450,000 2,191,000 2,806,000 3,240,000 540,500 s,5n;,2ao$ 39,878,764 ! 8,516,000 200,000 152,000 608,000 1,742,000 2,840,000 557,500 1Gf51$0l> $ PROPOSED 2023/24 25,263,264 2,876,000 152,000 172,000 5,300,000 8}5!JO,OOO 33_.763,2 ~ 1,971,000 130,000 152,000 101,000 1,938,000 3,120,000 PROPOSED $ $ - $ $ 2024/25 26,001,264 $ 2,491,000 152,000 137,000 5,300,000 "8,080 ,000 $ 34,081,264 $ 1,893,000 205,000 152,000 101,000 1,918,000 4,855,000 350,000 ·~,474,000 $ PROPOSED 2025/26 24,607,264 2,365,000 152,000 138,000 5,955,000 81610,000 33,217,264 2,010,000 130,000 152,000 101,000 1,600,000 4,320,000 350,000 3;66 3,ooo ENDING FUND BALANCE $ 14,666,004 $ 20,S!B,464 $ ~O, '!45,044 $ 18,755,164 $ ZS,263,264 $ 26,001 ,264 $ 24 ,607,264 $ 24,554,264 (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019 . '"U Q) m ~ >< w :::c 0 OJ --N -i N )> ""C ~m CD X .i::.I 0 OJ --N -i N )> CITY OF SAN JUAN CAPISTRANO FUND 1 -GENERAL FUND FISCAL YEAR 2019 /20 UPDATE AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2018/19 (1) 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 202S/26 BEGINNING FUND BALANCE $ -$ -$ -$ $ -$ $ . $ REVENUES Current Year Project Fundin g 889,000 7,090,000 450,000 ~ TOTA'l • PROJECTED REVENVE,S AND OTHER SOURCES $ -$ 889,000 $ 7.090,000 $ '450,000 $ . $ . $ •' $ TOTAL REVENUE AVAILABLE $ . $ 889,000 s 7,090,000 $ '150,000 $ -~ -$ : s ------- EXPENDITURES 20202-Arizona Crossing Removal 129,000 365,000 20203-Stream Bank Restoration 195,000 1,600,000 20501-Confined Animal Feeding Operations (CAFO) -565,000 5,125,000 450,000 Storm water Treatment System TOTAL EXPENDITURES' -f $ 889,000 $ 7,090,000 $ 450,000 $ $ --$ $ . . . ENDING FUND BALANCE $ $ $ $ $ • $ $ • $ - (1 ) Per the City's Fiscal Year 2018/19 Third Quarter Fi nancia l Report that was approved by the City Council on May 21, 2019 . CITY OF SAN JUAN CAPISTRANO FUND 6 -ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) FISCAL YEAR 2019/20 UPDATE AMENDED PROPOSED PROPOSED PROPOSED Desc ri ptio n 20 18/19 (1) 2019/20 2020/21 2021/22 BEG INNING FUND BALANCE s 45,324 $ 504 $ 504.000 $ 5 04 .ClOO $ REVENUES Gas Tax 2030 (SB-1) 583,000 608,000 614,000 620,000 TOTAL .~pR.o m:i'Eb REVE~UES ANl:> (Ji'H£1fSo·u-RCES--5 5~;lfQ'P s 668,000 s 614,000 s 620,009 $ TOTAL REVE NU E· AVA ILABLE -$ 628,324 $ 608,504 $. 614,504 '$ 620,504 $ EXPENDITURES 18101-Capistrano Villas I, II, and Ill Pavement Rehabilitation 25,820 19101-Meredith Canyon Streets Pavement Rehabilitation 602,000 608,000 xxxxx-Mission Spring Streets Pavement Rehabilitation 614,000 620,000 xxxxx-Sun Ranch Streets Pavement Rehabilitation -- xxxxx-Village San Juan and Casitas Streets Pavement - Rehabilitation xxxxx-Mission Creek Streets Pavement Rehabilitation TOTAL EXPENOfTtlR.ES -$ rn,820 $ 608,ooo $ 614;000 "S ~62(),(l{)O' $ 4 s 504 s 504 s 504 s (1) Per the Otv's Flscal Year 2018/19 Third Quarter Financial Report that was approved by the Citv Council on May 21, 2019 . "U w rn cg x c..n ::r 0 OJ --N -; N )> PROPOSED PROPOSED 2022/23 2023/24 5()4.000 s 504.000 s 626,000 632,000 6 26,000 s 632,000 $ 6 26,504 $ m,504 s 626,000 632,000 - 62!i,OOO $ 632,000 S' 504 $ 504 s PROPOSED PROPOSED 2024/25 2025/26 504.000 $ 504.000 633,000 639,000 633,000 $ 639,000 633_,504 $ '639,504 633,000 639,000 "633-;o_OO .$ &;3 9,000 504 s so CITY OF SAN JUAN CAPISTRANO FUND 10 -SYSTEMS DEVELOPMENT FISCAL YEAR2019/20 UPDATE AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2018/19 (1) 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 BEGINNING FUND BALANCE $ 1,235,786 $ 454,161 $ 695,161 $ 1,387,161 $ 976,161 $ 1,325,161 $ 1,412,161 $ 1,466,161 REVENUES Systems Development Tax 395,000 600,000 1,196,000 561,000 334,000 80,000 47,000 47,000 Development Fees -Ord 211 7,000 85,000 40,000 12,000 9,000 1,000 1,000 1,000 Interest 3,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 TOTAL· PROJECTED REVENUES AND OTHER SOURCES s· 405,000 $ 69 ~.1,000 $ ~,2A2,0 00 $ 5 19,ooo $ 349,000 $ a7;'ooo r S4,000 ·s -54,ooo T9TAL FUNDS AVAILABLE $ 1,640,786 $ 1,145,161 $ 1;937,161 $ 1,966,161 $-1,325,161 $ 1,4l2;161 $' l,466,16'1 $ 1,520,161 EXPENDITURES 11101-City-wide Sign Replacement Program 302,400 12502-Camino Capistrano Off-Ramp Catch Basins 170,000 14106-Verdugo Street Beautification Project 165,555 15306-ADA Self Evaluation and Transition Plan 75,000 16502-lnterstate 1-5/0rtega Hwy Storm Water Treatment 73,670 19102-Camino Capistrano Pavement Rehabilitation 200,000 450,000 550,000 990,000 (Aeropuerto to Costco) 19301-Del Obispo/Ortega Highway Public Parking Lot 200,000 ToT~L EXPEND1fuii'es $ 1,1.86,625 $ 45'0;000 $-sso,ooo $ 99,0,0QO $ --. -$--$ . $ ENDING fUND BALANCE $ 454,161 $ 695,161 $ 1,387,161 $ 976,161 $ 1,325,161 $ 1,412,161 $ 1,466,161 $ 1,520,161 (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019 "U D.> m cg x O'> I 0 OJ ..... - N -I N )> Description BEGINNING FUND BALANCE REVENUES Park/Recreation Fees Developer Contribution Interest TOTAL· PROJECTEb REVENUES AND OTHER SOUR(ES TOTAL REVENUE AVAILABLE EXPENDITURES 07204-City-wide Trail Improvements 09203-City-wide Playground Upgrades 09209-Northwest Open Space Community Park 14201-Cook Park Softball Fields #2 & #3 & Soccer Field #2 16202-Cook Cordova Park Playground Equipment 16203-Malaspina Trail 17202-Eastern Open Space Trails A and A-1 18201-Cook La Novia Park Picnic Area Enhancements 18202-Arce Park Renovation 18204-Los Rios Phase II Improvements 20201-2.4 Acre Site (adjacent to Reata Park) xxxxx-Sports Park Improvements xxxxx-Historic Town Center Park Storage Facility TOTAl EXPENDITURES $ $ $ $ CITY OF SAN JUAN CAPISTRANO FUND 11-PARKAND RECREATION FEES FISCAL YEAR 2019/20 UPDATE AMENDED PROPOSED PROPOSED PROPOSED PROPOSED 2018/19 (1) 2019/20 2020/21 2021/22 2022/23 1,351,942 $ 51,197 $ 2,959,197 $ 6,381,197 $ 5,155,197 $ 897,000 3,806,000 1,688,000 696,000 2,000,000 7,000 11,000 11,000 11,000 11,000 - MOO $ 2'908,000 $ 3181 ?,0()0 $ 1,6"99,000 $ 707,000 $ 1,358,942 $ 2,959,197 $ 6,776,197 $ ._8,080,197 $ S,862,197 $ 47,000 75,000 -75,000 29,482 120,000 120,000 125,000 163,130 88,750 196,883 333,000 206,565 172,405 70,530 1,630,000 200,000 995,000 180,000 1,307;745 $ $ 3951000 $ 2,925,000 $ 200,000 $ PROPOSED PROPOSED PROPOSED 2023/24 2024/25 2025/26 5,662,197 $ 5,543,197 $ 5,338,197 11,000 --- 111000 $ . $ S,673,197 $ S,543,197 $ S,338,197 75,000 130,000 130,000 130,000 130,000 $ 205,000 $ 130,000 ENDING FUND BALANCf $ 51,197 $ 7,9'>9,197 $ 6,3Hl,197 $ 5,155,197 $ 5,662,197 $ 5,54 3,197 $ 5,338,197 $ 5,208,197 (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. -0 w m ~ >< --..iI 0 OJ --N --i N )> CTIY OF SAN JUAN CAPISTRANO FUND 12 -DRAINAGE FUND FISCAL YEAR 2019/20 UPDATE AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2018/19 (1) 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 BEGINNING FUND BALANCE $ (314,751} $ (282,986} $ (262,986} $ (157,986} $ (69,986} $ (69,986} $ (69,986} $ (69,986} REVENUES Drainage Fees 54,000 20,000 10 5,000 88 ,000 Grants -State 18,020 TOTAL. PROJECTE'D REVENUES AND OTHERS OURCES -$ -12 ~020 $ 20,000 $ 1051000 $ 88,000 $ -$ • $ $ TOTAL REVENUE AVAILABLE _ $ ,(242!731) $ (262,986) $ (157,986) $ (69,986) S (69,986) $ (69,9861 $ (6_9,9B6) $ (69,.!186) "U w rn cg x o:> I 0 OJ --N --i N )> EXPEND ITURES 12502-Camino Capistrano Off-Ramp Catch Basins 40,255 TOTAL EXPENDITURES --$--40,255 $ • $ -$ • $ • $ $ • $ ENDING FUND BALANCE $ (282,986) $ (262,986) $ (157,986) $ (69,986) $ (69,986) $ (69,986) $ (69,986) $ (69,986) (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019 . "'U w m cg >< <.O I 0 OJ --N --l N )> Description BEGINNING FUND BALANCE REVENUES Agricultural Preservation Fees Interest TOTAL· PROJECTED REVfNlJES AND OTHER' SOURCES TO~L ~ENUE AVAILABLE EX PENDITURES None TOTAL"EXPENDffi.J'iifS CTIY OF SAN JUAN CAPISTRANO FUND 13 -AGRICULTURAL PRESERVATION FUND FISCAL YEAR 2019/20 UPDATE AMENDED 2018/19 (1) s-82,236$ 42,000 $ 42;000 $ $ 124,236 $ ~ . ~ PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED 20 19/20 2020 /21 2021/22 2022/23 2023/24 124,236 $-223,236 $ ~236$ 584,236 -$ 650,236 $ 94,000 5,000 ?9,000 $ 223,236 s -"l 257,000 5,000 262,000 $ 485,236 $ $ 94,000 5,000 ~9,000 $ 584,231> $ $ 61,000 5,000 66,000 $ 650,236 $ 59,000 5,000 64,ooo ~ 714,236 $ ~ PROPOSED 2024/ZS 714,236 $ 5,000 5,000 $ 719,236" $ $ PROPOSED 2025/26 719,236 5,000 ·s.ooo 724,236 ENDING FUND BALANCE $ 124,236 $ 223,236 $ 485,236 $ 584,236 S 650,236 $ 714,236 $ 719,236 $ 724,236 (1) Per the City's Ascal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. Description BEGINNING FUND BALANCE REVENUES Gas Tax 2103 (HUTA) Gas Tax 2105 Gas Tax 2106 Gas Tax 2107 Gas Tax 2107 .5 Loan Repayment Interest TOTAL· PROJECTED R~ENUESAND OTHERSOURCES To'J'Al REVENUE AVAILABLE EXPENDITURES xxlOl/104-Annual Traffic Signal Cabinet Upgrades 16104-Left Turn Lane at Del Taco 18101-Capistrano Villas I, 11, and Ill Pavement Rehabilitation 19101-Meredith Canyon Streets Pavement Rehabilitation 19103-Audible Pedestrian Signals 20102-Public Right-of-Way ADA Implementation Plan xxxxx-Mission Spring Streets Pavement Rehabilitation xxxxx-Sun Ranch Streets Pavement Rehabilitation xxxxx-Village San Juan and Casitas Streets Pavement Rehabilitation xxxxx-Mission Creek Streets Pavement Rehabilitation Transfer Out-General Fund (Street Maintenance) TOTALExPENDlrURES -- CITY OF SAN JUAN CAPISTRANO FUND17-GASTAXFUND FISCAL YEAR 2019/20 UPDATE AMENDED 2018/19 (1) PROPOSED 2019/20 PROPOSED 2020/21 PROPOSED 2021/22 $ 480,552 $ 892 $ 572 $ 3,572 $ $ $ 130,000 206,000 138,000 270,000 6,000 41,000 3,000 794;00o$ 1,2741552 $ 358,000 34,735 146,425 313,000 71,500 350,000 1,273,660 $ 313,000 204,000 138,000 269,000 6,000 41,000 6,000 977,000' $ 977,892 $ 255,000 347,320 25,000 350,000 977,320 $ 316,000 206,000 139,000 272,000 6,000 6,000 945:000 $ 945,572 $ 260,000 259,500 72,500 350,000 942,000 $ 319,000 208,000 140,000 275,000 6,000 6,000 954,000 $ 957,572 $ 265,000 10,000 198,000 130,000 350,000 953,000 $ (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. ""'O w co rn CD X __,,, I 0- 0 OJ --i ~ )> PROPOSED 2022/23 4,572 $ 322,000 210,000 141,000 278,000 6,000 6,000 963,000 $ 967,572 $ 270,000 310,000 350,000 930,000 $ PROPOSED 2023/24 37,572 $ 325,000 212,000 142,000 281,000 6,000 6,000 912,000 $ 1,00!)~572 $ 110,000 530,000 350,000 990,000 $ PROPOSED 2024/25 19,572 $ 325,000 212,000 142,000 281,000 6,000 6,000 972,000 $ 991,572 $ 375,000 200,000 350,000 925,000 $ PROPOSED 2025/26 66,572 328,000 214,000 143,000 284,000 6,000 6,000 981,000 1,047}572 671,000 350,000 1,021,000 CTIY OF SAN JUAN CAPISTRANO FUND 18 -CCFP FUND FISCAL YEAR 2019/20 UPDATE AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2018/19 (1) 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 BEGINNING FUND BALANCE $ 8,149,448 $ 7,206,610 $ 9,562,570 $ 13,915,650 $ 14,678,870 $ 9,008,870 $ 9,271,870 $ 9,332,870 REVENUES Circulation Fees 635,000 2,481,000 4,567,000 1,089,000 477,000 203,000 Developer Contribution 350,000 -411,000 Loan Repayment from Measure M Fund 436,277 Loan Interest 5,000 Interest 56,000 56,000 57,000 58,000 59 ,000 60,000 61,000 62,000 . . -- TOTAL· PROJECTED REVENUES-ANO OTHER SOURCES $ 1,4s212n $ 2,537,000 $ 4,624,000 $ 1,147,000 $ ~7,9(10 $ 263,000 $ 61,000 $ 6~,000 TOTAL AVAILABLE $ 9,631,725 $ 9,743,610 $ 14,186,570 $ 15,062,650 $ is,625,.70 $ 9,271,870 $ 91~3,2,870 $ 9,394,870 EXPENDITURES 07117-1-5/San Juan Creek Road Underpass Improvements 921,810 181,040 270,920 383,780 6,617,000 14103-Camino Las Ramblas and 1-5 Northbound 291,890 Traffic Signal Modification 14104-Alipaz Street Widen i ng-Camino del Avion 27,505 to Calle Rolando 14107-0rtega Highway Widening Project (managed by 350,000 Caltrans) 16102-Del Obispo Widening· Via De La Paz 833,910 ---TOTAL EXPENDrTURES $ 2,425,115 $ 181,040 $ 270,920 $ 383,18.0 $ 6,617,000 $ -$ -$ ENDING FUND BALANCE $ 7,206,610 $ 9,562,570 $ B,915,650 $ 14,678,870 $ 9,008,870 $ 9,271,870 $ 9,BZ,870 $ 9,394,870 "'1J DJ (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019 . co rn CD X ...... I ....... _ 0 IJJ --i ~ )> CITY OF SAN JUAN CAPISTRANO FUND 32 -MEASURE M FUND FISCAL YEAR 2019/20 UPDATE AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2018/19 (1) 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 BEGINNING FUND BALANCE $ 105,025 $ 81,203 $ 5,523 $ 4,023 $ 12,023 $ 11,023 $ 11,023 $ 25,023 REVENUES Measure M Local Turnback 626,000 668,000 675,000 682,000 689,000 696,000 696,000 703,000 Interest 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 Transfers In-General Fund 4,000 TOTAL-PROJECTED REVE N UEs ·AND OTHER SOURCES -$ 633,000 $ 671,000 $ 67!1,000 $ 685,0'00 $ 692,000 $ 699,000 $ ,699,000 $ 106,000 TOTAL AVAILABL.E $ 7l8,02S $ 752,203 $ 6.83,513 $ 689_,023 ·$ 704,023 $ 710,023 $ 710,023 $ 731.023 EXPENDITURES xxlOl/104-Annual Traffic Signal Cabinet Upgrades 114,545 08102-Pavement Management Program (PMP) 40,000 -95,000 -50,000 50,000 11101-City-wide Sign Reptacement Program 50,000 40,000 40,000 40,000 17105-Local Streets Pavement Rehabilitation FY 16/17 18101-Capistrano Villas I, II, and Ill Pavement Rehabilitation 19101-Meredith Canyon Streets Pavement Rehabilitation 66,000 746,680 584,500 xxxxx-Mission Spring Streets Pavement Rehabilitation 627,000 445,000 xxxxx-Sun Ranch Streets Pavement Rehabilitation --158,000 324,000 xxxxx-Village San Juan and Casitas Streets Pavement . ----335,000 595,000 Rehabilitation xxxxx-Mission Creek Streets Pavement Rehabilitation ---700,000 Loan Repayment to CCFP Fund 436,277 Tc:>TAL EXPENDITURES $ 656',822 $ 746,680 '$ m.soo r 677,000 $ 693,000 $ 699,00o $ 685,000 $ 700,000 ENDING FUND BALANCE $ 8 1,203 $ 5,523 $ 4,023 $ 12,023 $ 11,023 $ 11,023 $ 25,023 $ 31,023 -u Ql (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. co m CD >< ...... I N- O IJJ --I ~ )> ""CJ Q) <O rn CD >< .....i..I VJ -o ca ---i ~ )> CITY OF SAN JUAN CAPISTRANO FUND 37 -HIGHWAYS, STREETS, AND ROADS GRANTS FUND FISCAL YEAR 2019 /20 UPDATE AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2018/19 (1) 2019/20 2020/21 2021/22 2022/23 2023/24 2024/2S 2025/26 BEGINNING FUND BALANCE $ (23,728) $ $ -$ $ $ -$ -$ REVENUES Measure M Specific Projects 746,320 176,400 189,500 190,500 207,500 Transfer In -AQMD Fund 23,728 - TOTAL -PROJECTED REVENUES AND OTHERSOURCES $ 770,048 $ 176,400 $ 189,500 $ 190,S0.0 $ 207,500 $ . , $ . $ TOTAL REVENUE AVAILABLE $ ~4~!320 $ 176,400 $_ 189~~00 $ 190,500 $ 207,500 $ . $ . $ EXPENDITURES 16102-Del Obispo Widening -Via De La Paz 480,260 Transfer Out to General Fund for Summer Trolley Program 266,060 176,400 189,500 190,500 207,500 TOTAL EXPENDITURES $ 746,320 $ 176,400 $ 189,SOO $ 190,500 $ 207,500 $ -$ $ -$ -$ -$ -$ (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. CITY OF SAN JUAN CAPISTRANO FUND 51-OPEN SPACE ACQUISTION AND CONSTRUCTION FUND FISCAL YEAR 2019 /20 UPDATE AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2018/19 (1) 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 BEGINNING FUND BALANCE $ 1,094,795 $ 15,340 $ 25,340 $ 35,340 $ 40,340 $ 40,340 $ 40,340 $ 40,340 REVENUES Interest 7,500 10,000 10,000 5,000 --TOTAL -PROJECTED REVENUES AND OTHER SOURCES s 7,500 $ 10,000 $ 10,000 "$ S,000 $ s -$ $ TOTAL REVENUE AVAILABLE $ -1,10b295 $ 25,340 $ 35,340 $ 40,340 s 40~40 $ 40,340 s 401340 $ 40,340 EXPENDITURES • ~20~~orthwest Of en 5£!';! C~mmu nl ty Park 1,086,955 ~ 1,086,9$5 s -. -- TOTAL EXPENDITURES $ -$ -s -$ . $ -s . $ ENDING FUND BALANCE $ 15,340 $ 25,340 $ 35,340 $ 40,340 $ 4{),34 0 $ 40,340 $ 40,340 $ 40 ,340 "U Q,) cc rn CD >< _,.. I .j::>._ 0 OJ ---i ~~ (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. Description BEGINNING FUND BALANCE REVENUES Interest TOTAL -PROJECTED REVENUES AND OTHER SOURCES TOTA.l REVENUE AVAILABLE EXPENDITURES 09209-Northwest Open Space Community Park 19201-Sports Park Field Improvement Study TOTAL EXPENDITURES $ $ $ $ CITY OF SAN JUAN CAPISTRANO FUND 52 -COMMUNITY FACILITIES DISTRICT BONDS FISCAL YEAR 2019 /20 UPDATE AMENDED PROPOSED PROPOSED PROPOSED PROPOSED 2018/19 (1) 2019/20 2020/21 2021/22 2022/23 1,770,434 $ 536,749 $ 556,749 $ 576,749 $ 586,749 $ 10,000 20,000 20,000 10,000 5,000 '10,0!)0 $ 2Q1000 $ 20,000 s 10,ooo s S,000 $ l,,780,434 $ 556,749 $ 576,749 s 586)749 $ 591,749 $ 1,218,685 25,000 i,243,685::':"'-:$:-. __________ ..:...___ ----- $ $ $ $ PROPOSED PROPOSED PROPOSED 2023/24 2024/25 2025/26 591,749 $ 596,749 $ 601,749 5,000 5,000 5,000 5,000 $ 5,000 $ 5,000 596,749 $ &g;l,7~9 -$ 606,749 $ $ ENDING FUND BALANCE $ 536,749 $ 556,749 $ 576,749 $ 586,749 $ 591,749 $ 596,749 $ 601,749 $ 606,749 "U Ill (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. co m CD X ...... :::r: 01 - 0 OJ ---i ~ )> Descr iption BEGINNING FUND BALANCE REVENUES Interest TOTAL· PROJECTl:O REVENUES ANO OTHER SOURCES ~ TOTAl REVENUE AVAILABLE - EXPENDITURES 12502-Camino Capistrano Off-Ramp Catch Basins 14106-Verdugo Street Beautification Project 16502-lnterstate 1-5/0rtega Hwy Storm Water Treatment Project TOTAL EXPENDmJRES CITY OF SAN JUAN CAPISTRANO FUND 53 -SUCCESSOR AGENCY NON-HOUSING BONDS FISCAL YEAR 2019/20 UPDATE AMENDED PROPOSED PROPOSED PROPOSED PROPOSED 2018/19 (1) 2019/20 2020/21 2021/22 2022/23 $ 1,884,087 $ 78,267 $ 88,267 $ 98,267 $ 103,267 12,000 10,000 10,000 5,000 --$ ll,000 $ 10,000 $ 10,000 $ 5,000 $ $ i,896,087 $ -88,i67 $ -9!1,267 $ 103,267 $ 103,267 62,520 1,701,030 54,270 $ 1.11111s 20 $ . $ . $'' $ ,267 $ 88,] (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. "'U !l> co m CD X --"I en - 0 IJJ -""""i ~ )> PROPOSED PROPOSED PROPOSED 2023/24 2024/25 2025/26 $ 103,267 $ 103,267 $ 103,267 $ $. . $ $ 103,267 $_ 103,267 $ 103,267 $ . $ IJ Q) co m <D >< ...... I "'1 - 0 c:a --i ~ )> CITY OF SAN JUAN CAPISTRANO FUND 63 -DOMESTIC WATER CAPITAL REPLACEMENT FUND FISCAL YEAR 2019/20 UPDATE Description BEGINNING FUND BALANCE REVENUES Transfer In -Domestic Water Operations (2) Interest TOTAl • PROJECTED REVENUES ANO OTHER SOURCES TOTAL REVENUE AVAILABLE EXPENDITURES 07811-760S Reservoir 08801-Joint Regional Water Supply System (JRWSS) Capital Replacements 14702-Las Ramblas/Paseo Activo Slope Replacement 17802-760S Zone Pump Station Discharge Line Replacement 17806-Water Facility Control Systems 17807-Well Facility Replacement Program 19803-GWRP Clear Well Replacement 19804-Pump Station Component Replacements 19805-Eastern Transmission System Repairs 20801-System Repairs and Upgrade of Appurtenances 20802-Safety Access Stair and Platform System xxxxx-SJ Hills Greens and Estates Pipeline Replacement TOTAL EXPENDITURES AMENDED 2018/19 (1) $ 1,889,126 $ 1,405,000 10,000 $ 1,AlS,ooO $ $ 3,~,126 $ 50,420 867,145 54,860 165,000 530,090 114,915 350,000 540,000 375,000 $ ~.047,430 $ PROPOSED 2019/20 256,696 $ PROPOSED 2020/21 1,193,696 $ 2,000,000 2,000,000 12,000 12,000 z.912,~o $ 2,0U,000 $ 2,168,696 $ 31205,696 $ 800,000 180,000 180,000 135,000 135,000 440,000 460,000 100,000 200,000 100,000 1,000,000 120,000 i,01.5,000 $ 2,775,000 $ PROPOSED 2021/22 430,696 $ 3,000,000 20,000 3,020,000 $ 3;450,696 $ 800,000 180,000 90,000 250,000 480,000 220,000 1,000,000 3,020,000 $ PROPOSED 2022/23 430,696 $ 3,000,000 20,000 3,ozD,oi>o s 3.450 ,696 s . 180,000 135,000 500,000 220,000 1,000,000 21035,000 $ PROPOSED 2023/24 1,415,696 $ 3,000,000 20,000 3,020,000 $ 4,435,696 $ 505,000 180,000 90,000 540,000 1,000,000 2,31 5,000 .$ PROPOSED 2024/25 2,120,696 $ 3,000,000 20,000 3,020,000 $ 5'140,696 $ 100,000 90,000 580,000 1,000,000 2,300,000 4,070,000 $ PROPOSED 2025/26 1,070,696 3,655,000 20,000 3,67 5,000 41745,696 100,000 135,000 1,000,000 2,300,000 3,535,000 ENDING FUND BAlANCE $ 256,696 $ 1,193,696 $ 430,696 $ 430,696 $ 1,415,696 $ 2,120,696 $ l,070,696 $ 1,210,696 (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019 (2) The Water Capital Replacement Program will require additional funding from water ratepayers in the City's future rate study to meet the capital needs of the City's water systen "U OJ co m (1) >< ..... :I: co - 0 co --I ~ )> CITY OF SAN JUAN CAPISTRANO FUND 64 -DOMESTIC WATER CAPITAL IMPROVEMENT FUND FISCAL YEAR 2019 /20 UPDATE AMENDED PROPOSED PROPOSED PROPOSED PROPOSED Description 2018/19 (1) 2019/20 2020/21 2021/22 2022/23 BEGINNING FUND BALANCE $ 1,278,098 $ 1,088,353 $ 1,362,353 $ 3,373,353 $ 4,142,353 $ REVENUES Water Capital Improvement Charge 138,000 206,000 621,000 272,000 133,000 Water Capacity Charge 179,000 268,000 807,000 354,000 173,000 Water Storage Fees 165,000 260,000 768,000 328,000 168,000 Interest 10,000 15,000 15,000 15,000 15,000 TOTAL· PROJECTED REVENUES AND OTHER SOURCES -$ 492i000 $. 749,ooo T 211",000 $ 969,000 $ $ 4119,000 .. TOTAl R~ENUE AVAILAB~E ~ $ 1,no,09a .$ !,!37,351 $ U73 1 ~53 $ 4,!42,353 $ 4,~1 ,353 $ EXPENDITURES 07803-Terminal Reservoir No . 3 45,470 07811-7605 Reservoir 28,970 16801-La Pata Water Line Replacement 5,000 16804-Water Master Plan Study 100,000 17801-San Juan Hills Greens Cathodic Protection System 253,325 275,000 17803-Valve Insertion Program 166,465 200,000 200,000 200,000 200,000 17804-Capistrano Royale Fire Flow Pump 82,515 xxxxx-Groundwater Recharge with Storm Water -585,000 TOTAL.EXPENDITURES ~~ $ H1745 -mooo 200000 $ 200 00 $ 785,000 $ :J ' 1 :: ' : ~ . (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019 PROPOSED PROPOSED PROPOSED 2023/24 2024/25 2025/26 3,846,353 $ 3,152,353 $ 2,426,353 20,000 12,000 27,000 15,000 29,000 17,000 15,000 15,000 15,000 911000 $ 59,000 $ lS,000 3,937,353 $ 3,211,353 $ Z,441 ,353 200,000 200,000 200,000 585,000 585,000 785,000 $ -u Ql co m CD >< --" I co - 0 OJ --I ~ )> CITY OF SAN JUAN CAPISTRANO FUND 65 -NON-POTABLE WATER CAPITAL IMPROVEMENTS FUND FISCAL YEAR 2019 /20 UPDATE Descri ption BEGINNING FUND BALANCE REVENUES Water Capacity Charge Grants-MWDOC Interest Transfer In -Non-Potable Water Operations TOTAL~ PROJECTED REVENUES ANO OTHER SO,lJRC£S TOTAL REVENUE AVAllABte EXPENDITURES xx601-Annual Recycled Water Service Conversions Project 16602-Non-Potable Water Pipelines 17601-Trampas Canyon Recycled Water Reservoir 17806-Water Facility Control Systems 18601-Calle Arroyo Recycled Pipeline xxxxx-Recycled Water Master Plan TOTAL EXPENOITUR $ $ $ $ AMENDED PROPOSED 2018/19 (1) 2019/20 564,096 $ 786,216 $ 151,000 182,000 42,485 5,000 1,000 400,000 630,000 598,485 $ l!.~3'000 $ 1,162,581 $ 1~599,216 $ 241,765 170,000 75,700 58,900 20,000 376,365 $ 190.000 $ PROPOSED 2020/21 1,409,216 $ 342,000 1,000 800,000 1,143,000 $" 2_!552,lli_ $ 170,000 10,000 20,000 475,000 165,000 840,000 $ PROPOSED 2021/22 1,712,216 $ 7,000 1,000 900,000 908,0!X> $ 2,620,216 $ 170,000 101,000 20,000 1,820,000 100,000 2.2ll.OOO $ PROPOSED PROPOSED 2022/23 2023/24 409,216 $ 582,216 $ 1,000 1,000 800,000 800,000 801,000 $ 80~000 $ 1,210;216 $ 1,383,216 $ 170,000 101,000 101,000 20,000 20,000 337,000 618.000 $ 121;000 $ PROPOSED PROPOSED 2024/25 2025/26 1,262,216 $ 1,962,216 1,000 1,000 800,000 800,000 801,000 $ 801,000 2,063,2-16 $ 2,763,216 101,000 101,000 101;000 $ 101,00o ENDING FUND BALANCE $ 786,216 $ 1,409,216 $ 1,712,216 $ 409,216 $ 582,216 $ 1,262,216 $ 1,962,216 $ 2,662,216 (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019 "'U Q) cc m (1) >< I\.) I 0- 0 OJ --I ~ )> Cl'IY OF SAN J UAN CAPISTRANO F U ND 71-SEWER CAPITAL REPLACEMENT FUND FISCAL YEAR 2019/20 UPDATE AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2018/19 (1) 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 BEGINNING FUND BALANCE $ 2,192,048 $ 1,007,298 $ 872,298 $ 520,298 $ 704,298 $ 1,371,298 $ 1,528,298 $ 1,325,298 REVENUES Transfer In -Sewer Enterprise Operations 1,000,000 1,S00,000 1,995,000 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 Interest 12,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 ---s 1 ,ou;ooo $ l,SlS,000 $ 2,010,00o-$ -1,s15,0oo S -1,515,oOOS U1.s,0oii' ~$ i,515,00o s 1,sl5,ooo TOTAL-PROJECTW REVENUES AND OTHER SOURCES TOTAL REVENUE AVAlt.ABLE s 3,204,048 s 2,S22,l98 $ 2,882,298 $ 2,035,298 $ 2,21.9,298 $ 2,886,298 s 3,043~8 $ 2,M0,298 -L EXPENDITURES XX701-Annual Sewer Replacement Program 1,611,415 400,000 550,000 550,000 600,000 600,000 600,000 600,000 07701-South Orange County Wastewater Authority 46,650 1,250,000 1,812,000 781,000 223,000 738,000 1,118,000 905,000 PC#2 & #5 Rehabilitation 08701-Food, Oils & Grease (FOG) Interceptor Program 89,815 25,000 20,000 14702-Las Ramblas/Paseo Activo Slope Replacement 448,870 TOTAL EXPEND l1'UREs ~ $ 2,1%,750 $ 1,650,000 $ 2,362,000 $ 1.,331,000 $ 848,000 $ 1,358,000 $ 1,718,000 '$ 1,505,000 ENDING FUND BA LANCE $ 1,007,298 $ 8 72,298 $ SZ0,298 $ 704,298 $ 1,371,298 $ 1,528,298 $ 1,325,298 $ 1,335,298 (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019, "'U Q) co m CD >< NI ....... _ 0 OJ --; ~> Description BEGINNING FUND BALANCE REVENUES Sewer Connection Fees Loan Repayment from Water Operations Fund Loan Repayment from Successor Agency Loan Interest Investment Interest TOTAL· PROJECTED REVENUES ANO OTHER SOURCES TOTAL REVENl!E AVAILABLE EXPENDITURES 07701-South Orange County Wastewater Authority PC#2 & #5 Rehabilitation 07703-New Hydraulic Capital Project #6 08701-Food, Oils & Grease (FOG) Interceptor Program 17702-Sewer Flow Metering & SCADA Monitoring Project TOTAL EXPENDITURES CITY OF SAN JUAN CAPISTRANO FUND 72 -SEWER CAPITAL IMPROVEMENT FUND FISCAL YEAR 2019 /20 UPDATE AMENDED PROPOSED PROPOSED PROPOSED PROPOSED 2018/19 (1) 2019/20 2020/21 2021/22 2022/23 $ 3,410,438 $ 3,245,268 $ 1,875,768 $ 1,562,768 $ 980,768 $ 710,000 1,193,000 1,450,000 868,000 559,000 737,500 320,000 120,000 240,000 7,500 2,500 35,000 25 ,000 25,000 25,000 25,000 $ i;610;o0o _$ _ 1,180,soo s 1;475,000 $ 893,000 $ ss4,ooo s $ 5,020,438 $ 5,025,768 $ 3,350,768 $ 2;455,768 $ 1;564,768 $ 1,528,945 3,150,000 1,788,000 1,475,000 894,000 3,540 42,685 200,000 $ 1,ns,170 s 3,150,QQO $ 1,788,000 $ 1,475,000 $ 894,000 s PROPOSED PROPOSED PROPOSED 2023/24 2024/25 2025/26 670,768 $ 278,768 $ 182,768 163,000 104,000 25,000 188,000 $ 104,000 ~ 858,768 $ 382,768 $ tn,768 580,000 200,000 95,000 580,000 $ 200,000 $ 95,000 ENDING FUND BALANCE $ 3,245,268 $ 1,875,768 $ 1,562,768 S 980,768 $ 670,768 $ 278,768 $ 182,768 $ 87,768 (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. "1J Q) <a m CD X tv I tv - 0 OJ --I ~ )> CITY OF SAN JUAN CAPISTRANO FUND 81 -FACILITIES OPERATIONS FUND FISCAL YEAR 2019 /20 UPDATE AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2018/19 (1) 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 BEGINNING FUND BALANCE $ -$ -$ $ -$ $ $ -$ REVENUES Current Year Project Funding 455,345 152,000 152,000 152,000 152,000 152,000 152,000 152,000 TOTAL· 'P.ROJECTED REVENUES AND OTl.fER SOURCES $ 4SSi34S $ 152:000 s --ru,oo~ $ is~.ooo $ 152,000 $ 152,000 $ 1S1,000 $ i.52,000 TOTAL REVENUE AVAILABLE $ 455,345 $ 152,000 $ 152,000 $ 152,000 $ 152,000 $ 152,000 $ 152,000 s 152,000 EXPENDITURES 15306-ADA Self Evaluation and Transition Plan 455,345 152,000 152,000 152,000 152,000 152,000 152,000 152,000 -· -$ 455,345 $ U2,0o0 $ TOTAL EXPENDITURES 152,000 $ 152,000 $ 152,000 $ 152,000 $ 152,000 $ 1521000 ENDING FUND BALANCE $ S $ • S $ $ -$ S - (1) Per the City's Fiscal Year 2018/19 Third Quarter Financial Report that was approved by the City Council on May 21, 2019. )> _, _, )> 0 I ~ m z _, ~ I -u !ll (Q CD .....>. 0 ....., 0) 5/13 /20 19 Agency : San Juan Capistrano Project Name: 07117-1-5/San Juan Creek Road Underpass lmorovement Proiect Project Limits: Valle Road to Camino Capistrano Project Number: N/A Type of Work (TOW): Road Widening TOW Description : Add z lanes to existing roadway in project limits Project Description: Widen San Juan Creek Road under 1-5 overpass between Valle Road and Camino Cap istrano Project Phase 19/20 20/21 .l1ai --E $181 ,040 $236,720 $246,980 R $0 $34 ,200 $136 ,800 C/I $0 $0 $0 O&M $0 $0 so $181 ,040 $270 ,920 $383,780 Age ncy : San Juan Capistrano Project Name: 11101-Citvwide Sian Reolacement Proa ram Proj ec t Lim its: Citywide Proj ect Numb er: N/A Type of Work (TOW): Safety TO W Des cri ptio n: Signage installation and /or replacement Project Description : Systematic replacement of all traffic signs as required per the federal mandate MUTCD-si gn compliance requ irements Project Phase 19/20 20/21 2 1i22. --- E $0 $0 $1 0.000 R $0 $0 so C/I $0 $0 $40.000 O&M $0 $0 so $0 $0 $50,000 Measure M Seve n Year Cap ital Improve me nt Program (Sort ed by Project Name ) Fis cal Years 2019 /2 020 th ro ugh 2 025/2 026 EUNP NAME Developer Impact Fees 2.m1 $0 $411,000 $6 ,206 ,000 $0 $6,61 7,000 23/24 $0 $0 $0 $0 $0 I...... -s 2212 3 23124 ~ so so so so $40 .000 $40 ,000 $0 so $40,000 $40 ,000 .~ 5.51 94.49 ,.~ ~ $0 $0 $0 $0 $0 eERCENT 100 .00 24/25 ~ $0 $0 $40.000 $0 $40,000 esnMATED COST $411,000 $7,041 ,740 $7,452,740 25/26 ~ -- $0 $0 $0 $0 $0 ~. 5 170,000 $1 70,000 I 25/26 ~ ~~ $0 $0 $0 $0 $0 PROJECTED COSl $445,707 $7 ,636 ,379 S(!,082,08 6 ~11m!lt ~d Q2 ~1 $664,740 $582.000 $6,206,000 so $7,452 ,740 eROJECJgD COST · $187,719 $187,719 !;:~UII!!!lli !! Cos! $10,000 $0 $160,000 $0 $170 ,000 wru_ Developer Contribut jon Capistrano Circulation Fee Pro gram e!S!.leCtelf •Qo st $664,740 $629 ,955 56,7 87 ,391 so $ 8,082,086 ·----.-- NOTES Measure M Funds ~C ast $1 0,000 $0 $177,7 19 $0 $ 187,719 )> -i -i )> 0 I 5::: m z -i ~ "1J o.> co <D N 0 -CP 511312019 Agency: San Juan Capistrano Project Name: CIP 08102 Pavement Manaoement Proqram (PMP) Project Limits: City-wide Project Number: NIA Type or Work (TOW): Road Maintenance TOW Description: Rehabilitation of roadway Project Description: Provide updates to the City's PMP on odd years in compliance with Measure M2 eligibility requirements. -Pro iect Phase 19/20 20121 21/22 E $0 $95 ,000 $0 R $0 $0 $0 C/I $0 $0 $0 O&M $0 $0 $0 $0 $95 ,000 $0 Agency: San Juan Capistrano Project Name: CIP 19101 -Meredith Canyon Streets Pavement Rehabilitation Project Limits: Various Streets Proje ct Number: NIA Type of Work (TOW): Road Maintenance TOW Description: Rehabilitation of roadway Project Description: Pavement rehabilitation of local streets within the Meredith Canyon community including Via De Aqua, Avenida Calita, Avenida la Mirada, Calle Esparanza. - Calle Miramar, Avenida Pescador, Paseo De Este and Calle Don Carlo for FY20121 implementation. Proiect Phase 19/20 20121 21/22 ------E $0 $0 $0 R $0 $0 $0 Cl l $1 ,702,000 $1,458,000 $0 O&M $0 $0 $0 $1 ,702,000 $1,458 ,000 $0 Measure M Seven Yea r Capital Imp rov ement Program (Sorted by Proje ct Name) Fisca l Yea rs 2 019/2020 t hrough 2025/2026 EUNDNAME M2 LFS Z2l2l $50 ,000 $0 $0 $0 $50 ,000 f!JtiQ ~aMi; Gas Tax M2 LFS LSR 22123 --$0 $0 $0 $0 $0 ~ $0 $0 $0 $0 $0 23/24 $0 $0 $0 $0 $0 PERCENT 100.00 24125 -$50,000 $0 $0 $0 $50 ,000 PERCENT 19.20 42.13 38.67 24125 -$0 $0 $0 $0 $0 .ESTIMATED COST $195,000 $195 ,000 25/26 $0 $0 $0 $0 $0 E£llMA TEO C~I $606 ,820 $1 ,331 .180 $1,222,000 $3,160,000 25/26 ~ ~- $0 $0 $0 $0 $0 PROJECTED COST $195,000 $195,000 ~lmal§d QQ~! $195 ,000 $0 $0 $0 $195 ,000 PBQJ~JM ~QSI $615 ,303 $1 ,349 ,790 S1,239 ,084 Sl,204,1n f;;§~!Il§!ell Qo~! ' $0 $0 $3, 160 ,000 $0 $3,160 ,000 2 f'!Qru Measure M Funds Pi"o[ecte<I !:jos1 $195 ,000 so so so $ 195,000 lllQlil fL!!iecml Cost so so $3,204 ,177 so $ 3,204,177 5/13/2019 Agency: San Juan Capistrano Project Name: GIP 19102-Camino Capistrano Pavement Rehabilitation !Aeroouerto to Costco) Project Limits: Avenida Aeropuerto to Costco Project Number: NIA Type of Work (TOWJ: Road Maintenance TOW Description: Rehabilitation of roadway Project Description: Rehabilitation of Camino Capistrano from Avenida Aeropuerto to Costco to improve roadway conditions , This arterial street is programmed for completion in FY21/22 when sufficient funding is available . Project Phase 19/20 20/21 21/22 --- E $0 $0 $0 R $0 $0 $0 C/I $450 ,000 $550,000 $990 ,000 O&M $0 $0 $0 $450,000 $550 ,000 $990 ,000 Agency: San Juan Capistrano Project Name: GIP xxxxx -Mission Spring Streets Pavement Rehabilitation Project Limits: Various )> Project Number: NIA -i -i )> Type of Work (TOW): Road Maintenance 0 I TOW De scri ption: Rehabilitation of roadway s: m z Project Description: Rehabilitation of local streets within the Mission -i Springs community including Ave , Siega, Via ~ Errecarte, Paseo Boscana, Via Estenaga, Via A nzar, Via Ordaz and Calle A rroyo from Ave. Siega to -0 Paseo Valencia in FY21-22 pending fund availability , !ll (Cl Prolec! Phase CD 19/20 £QLll 21/22 VJ E $0 $0 $175,000 0 R $0 $0 $0 -OJ C/I $0 $0 $1 ,270,000 O&M $0 $0 $0 $0 $0 $1,445,000 Measure M Seven Year Capital Improvement Program (Sorted by Project Name) Fiscal Years 2019/2020 through 2025/2026 ~ eRbJ!i,!<l'EQ !<Q§I f!.!tlQtl~ME -eEBCENT .ESTIMa.ll:l:l !<Q~I · Other 100.00 $1,990,000 $2,067,568 $1,990,000 $2,067,568 22/23 23/24 ~ 25/26 ~!mated Q2s1 ---- $0 $0 $0 $0 so $0 $0 $0 $0 so $0 $0 $0 $0 S1 ,990 ,000 $0 $0 $0 $0 so $0 $0 $0 $0 $1,990,000 E!.!tlCI NAME -eEBCEN L ESIIMA TEO kos.I ~ Gas Tax 10.48 $198,000 $210,552 M2 LFS 56 .72 $1,072,000 $1, 139,959 LSR 32 ,80 $620,000 $659 ,305 $1,890,000 $2 ,009,817 22/23 23/24 ~ 25/26 &.Yi1Jl!!!!:1J Q2~ --$0 $0 $0 $0 $175 ,000 $0 $0 $0 $0 so $445 ,000 $0 $0 $0 $1,715 ,000 $0 $0 $0 $0 so $445,000 $0 $0 $0 $1,890,000 3 @ru_ Systems Development P!Sil~cfed Q2s1 so so 52 .067,568 so $ 2,067,568 NOTES ~eos'I 5175,000 so $1 ,834,817 so $ 2,009,817 5/13/2019 Agency: San Juan Capistrano Project Name: GIP xxxxx -Sun Ranch Streets Pavement Rehabilitation Project Limits: Various Project Number: N/A Type of Work (TOW): Road Maintenance TOW Description: Rehabilitation of roadway Project Description: Pavement rehabilitation of local streets within the Sun Ranch community including Calle Aspero, Peppertree Bend, Paseo de Elena, Aquacate Rd ., Paseo Terraza, Via Carlos and Via Alicia for implementation in FY22-23 , Project Phase 19/20 20/21 2lm ----- E $0 $0 $130 ,000 R $0 $0 $0 C/I $0 $0 $0 O&M $0 $0 $0 $0 $0 $130 ,000 Agency: San Juan Capistrano Project Name: GIP xxxxx -Village San Juan and Casitas Capistrano Streets Pavement Rehabilitation Project Limits: Various )> Proje ct Number: N/A -l -l )> Type of Work (TOW): Road Maintenance 0 I TOW Description : Rehabilitation of roadway s::: rn z Project Description : Rehabilitation of local streets within the two -l communities including Village Road, Calle Chueca , ~ Calle Lorenzo, Calle Resplendor, Calle Bonita , Calle Santa Rosalia, Paseo Sereno, Paseo Acacia , Paseo -u Olivos and Via Los Pajaros for FY25-26 imolementation , Ol co Project Phase 19/20 20/21 2i/.22 CD ~ ~ E $0 $0 $0 0 R $0 $0 $0 __,, 00 C/I $0 $0 $0 O&M $0 $0 $0 $0 $0 $0 Measure M Seven Year Capital Improvement Program (Sorted by Project Name) Fiscal Years 2019 /2020 through 2025/2026 IEutillHAME -l:!EB.CEtn: liIIMATE!;i ·COSI ~reoco s r Gas Tax 20 .18 $440,000 $485, 156 M2 LFS 22.11 $482,000 $531,467 ILSR 57.71 $1 ,258,000 $1,387, 106 $2 ,1 80 ,00 0 $2,403,729 ~ 23(24 24f25 ~ @t1111at~d~ost -~- $0 $0 $0 $0 $130,000 $0 $0 $0 $0 $0 $1 ,094 ,000 $956 ,000 $0 $0 $2 ,050,000 $0 $0 $0 $0 $0 $1 ,094,000 $956 ,000 $0 $0 $2 ,180,000 . - E!.!~Qf!AM E -f:!EB!::ENT ES llMATEg !:;OSJ:. J'.'BOJ EC TE O CQ SI Gas Tax 36 .67 $905,000 $1,028,216 M2 LFS 37 .68 $930,000 $1,056,620 LSR 25 .65 $633,000 $719,183 $2,468,000 $2,804,019 -23/2_4 ---22123 24/25 Z§l2§· (;stin\glild •Qs!n ~ --$0 $250 ,000 $0 $0 $250,000 $0 so $0 $0 $0 $0 $6 1 5,000 $1 ,603 ,000 $0 $2 ,218,000 $0 so $0 $0 $0 $0 $865,000 $1,603,000 $0 $2,468 ,000 4 ~ Pnilecred Cost $130,000 $0 $2,273,729 $0 $ 2,403 ,729 tiQID ~Cost $250,000 $0 $2,554,019 $0 $ 2,804,019 5/13/2019 Measure M 5 Seven Year Capital Improvement Program (Sorted by Project Name) Fiscal Years 2019/2020 through 2025 /2026 Agency : San Juan Capistrano -. -- Project Name : City of San Juan Capistrano Trash Removal 1 fl.IND NAM E eEBrtEM! ESTIMATED COST e.BOJ ECTEO CQSI liQm General Fund 100.00 $83,226 $8 3,226 Project Limits: City-Wide $83 ,226 $83,226 Project Number: 11-SJCP-ECP-3590 Type of Work (TOW): Environmental Cleanup TOW Descripti on: Linear Radial Gross Solid Removal Device (GSRD) Project Description : This project is for the maintenance of the Trash Screens as in-kind services as part of the OCTA grant funding received for the procurement and installation of the trash screens. Project Phase lll2.l -20/21 ~ z.ru 23/24 Z1tii ~ Estlrna1ed Qos! Prs:![ec.fl!d ~osl ---~ ~ ~ -~ ~---------E $0 $0 $0 $0 $0 $0 $0 $0 $0 R $0 $0 $0 $0 $0 $0 $0 $0 $0 C/I $0 $0 $0 $0 $0 $0 $0 $0 $0 O&M $39 ,986 $8 ,648 $8 ,648 $8 .648 $8 ,648 $8 ,648 $0 $83 ,226 $83 ,226 $39 ,986 $8,648 $8,648 $8 ,648 $8,648 $8 ,648 $0 $83,226 $ 83,226 Agency: San Juan Capistrano Project Nam e: City of San Juan Capistrano Trash Removal 2 IE!Jl'!DNA ME f!EBC E!il ESDMAigQ!;<Q S! f!BQ J ECTED ~QSI l!!.QIES General Fund 100.00 $54,448 $54,448 Project Limits: City-Wide $54,448 $54,448 )> Projec t Number: 11-SJCP-ECP-3591 -I -I )> Type of Work (TOW): Environmental Cleanup 0 I TOW Description : Linear Radial Gross Solid Removal Device (GSRD) s: m z Project Description: This project is for the maintenance of the Trash -I Screens as in-kind services as part of the OCTA .l:>. grant funding received for the procurement and I installation of the trash screens. -u ru -24125 co Prole~ Phase 19/20 20121 21122 1Zlll 23/24 ~ !;.stima!ed Qost f[Qiected Cost CJ) ~~-~ ~ --~ --~ (J1 E $0 $0 $0 $0 so $0 so $0 $0 0 R $0 $0 $0 $0 so $0 so $0 $0 -°' C/I $0 $0 $0 $0 so $0 $0 $0 $0 O&M $19 ,993 $6 .891 $6 ,891 $6 .891 $6 ,891 $6 ,891 so $54,448 $54,448 $19 ,993 $6,891 $6 ,891 $6 ,891 $6,891 $6,891 $0 $54,448 $ 54,448 5/13/2019 Measure M 6 Seven Year Capital Improvement Program (Sorted by Project Name) Fiscal Years 2019/2020 through 2025/2026 Agency: San Juan Capistrano Project Name: Public Riqht-of-Wav ADA lmolementation Plan B!.ttQJMME -e sB~EtH ESTIMATED COS! f ROJ!;CTED QQSI t'OTE5- Gas Tax 100 .00 $107,500 $110,312 Project Limits: Citywide $107,500 $110,312 Project Number: CIP 20102 Type of Work (TOW): Pedestrian TOW Description: Installation of ADA access ramps Project Description : This project will implement ADA compliance improvements within the City's right-of-way . Improvements include construction of ADA compl iant ramps , sidewalks, installation of Audible Pedestrians Signal (APS) and push buttons . li!Zll. Zl!1&1 -~ zm P[.2[ei;;I Ph a ~e ~ mt ~ Estimate d~ ~d Cost --------E $10 ,500 $0 $0 $0 $0 $0 so $10 ,500 $10 ,500 R $0 $0 $0 $0 $0 $0 $0 $0 $0 C/I $14,500 $72 ,500 $10 ,000 $0 $0 $0 $0 $97,000 $99 ,812 O&M $0 $0 $0 $0 $0 $0 $0 $0 $0 $25,000 $72,500 $10,000 $0 $0 $0 $0 $107,500 $ 110,312 Agency: San Juan Capistrano Project Name: San Juan Capistrano Project V Community-Based E!lli!2..NAM.E --~ ~ eBQJECIJ;D CQSI ~ Transit/Circulators A B2766 10.00 $84,883 $86,149 Project Limits: San Juan Capistrano M2 Transit -V 90.00 $763,949 $775,339 ~ Project Number: 18-SJCP-CBT-3915 $848 ,832 $861,488 --i )> Type of Work (TOW): Transit () I TOW Description: Operations and Maintenance s:: m z Project Description: Special Event and Weekend Summer Trolley --i ~ I -u Q) 23l 24 24125 cc frg]&!<I f!)ase 1!!lZl!. iQlll ·~ -22123 ~ Estimated Qo ~ f!Riected Co st CD ---------m E $0 $0 $0 $0 $0 $0 $0 $0 $0 0 R $0 $0 $0 $0 $0 $0 $0 so $0 -co C/I $64 ,000 $68 ,680 $67.320 $68,680 $0 $0 $0 $268,680 $281,336 O&M $132 ,000 $141,898 $144 ,352 $161 ,902 $0 $0 $0 $580,152 $580, 152 $196,000 $210,578 $211,672 $230,582 $0 $0 $0 $848,832 $ 861,488 5/13 /2019 Agency: San Juan Capistrano Project Name : Senior Mobility Proqram Project Limits: Citywide routes Proje ct Number : NIA Type of Work (TOW): Transit TOW Description : Other Project Description : Transportation service for eligible seniors to destinations such as the Community Center, physician appointments, and grocery shopping within City limits. Project Phase .1mQ 20/21 ~ ---- E $0 $0 $0 R $0 $0 $0 C/I $59,000 $0 $0 O&M $10,000 $0 $0 $69,000 $0 $0 Agency: San Juan Capistrano Project Name : XX101-Traffic Siona! Cabinet Uoorades Proiect Project Limits: City Wide }> Project Number: N/A _, _, }> Type of Work (TOW): Traffic Signals 0 I TOW Descripti on : Replace and upgrade traffic signals and equipment s: rn z Project Des c ripti on : This project will provide for the upgrade to current _, standards of outdated traffic signal controllers and .j:::. cabinets at various locations . I "'U Ol co P[O!e~! PbaS!l ~ fil!!ll 21122 CD -- -...J E $13,000 S14 ,000 S14 ,000 0 R $0 so so -Q) C/I $242,000 5246 ,000 S251 ,000 O&M $0 so so $255,000 $260 ,000 $265 ,000 Measure M Seven Year Capital Improvement Program (Sorted by Project Name) Fiscal Years 2019/2020 through 2025/2026 fU ND ~AME PERCENT .ESllM~I~O gos 1 E!B.OJ ECTI;f.l QO SI AQMD 28.36 $19,567 $19 ,567 M2SMP 71.64 $49,433 $49 ,433 $69,000 $69,000 22/23 23/24 ~ ·~ Estrmat~rl !:<!!;it -~ -~ $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $59,000 $0 $0 $0 $0 $10,000 $0 $0 $0 $0 $69 ,000 FUND NAME -fi:iB!::;f;!il ~~· e.B.OJ!;c'TED ~Q S !. Gas Tax 100.00 $1, 160,000 $1 ,219,973 $1,160,000 $1,219,973 22123 ~ 24126 2t.12s i;~nmar~n !:<!.!!ll ---$15,000 $6 ,000 $0 $0 $62,000 $0 $0 $0 $0 so $255,000 $104,000 $0 $0 $1 ,098 ,000 $0 $0 $0 $0 so $270,000 $110,000 $0 $0 $1 ,160,000 7 HQru Prbl!lcled Casi $0 $0 $59,000 $10,000 $ 69,000 .. t!.Qru ~Cost S62 .000 so S1 .157 ,973 so $ 1,219,973 ~ --i f; :::c ~ m z --i .t>o. "U Q) c.c CD CX> 0 -CX> 5/13/2019 Agency: San Juan Capistrano Project Name : XXXXX -Mission Creek Streets Pavement Rehabilitation Proiect Project Limits : Various Project Number: N/A Type Of Work (TOW): Road Maintenance TOW Description: Rehabilitation of roadway Project Description: The following local streets within the Mission Creek community are programmed for completion : Paseo Valencia, Via Cristal, Via Solana , Via Cordova, Calle Raquel, Via Rubi, Via Perla and Calle Arroyo from Paseo Valencia to Via Cordova. Pre;!~!;! Eh!!s~ ~ ZQlil 1llU ~ E $0 $0 $0 R $0 $0 $0 C/I $0 $0 $0 O&M $0 $0 $0 $0 $0 $0 Measure M Seven Year Capital Improvement Program (Sorted by Project Name) Fiscal Years 2019/2020 through 2025/2026 l f Y~D t!AM!;, ei;;RdEt:il ~II MA !m !t QSI eBOJE!;;TED !:o osr Gas Tax 39.41 $871,000 $1,027,470 M2 LFS 31.67 $700,000 $825,751 ILSR 28.91 $639 ,000 $753,793 $2,210,000 $2,607,014 ~ ~ .W22 lllli S!!!l!!al!:!!I !il2§1 ---- $0 $0 $0 $150,000 $150,000 $0 $0 $0 $0 $0 $0 $0 $200 .000 $1,860 ,000 $2,060 ,000 $0 $0 $0 $0 $0 $0 $0 $200,000 $2,010,000 $2,210,000 8 ~ P!:!!jected Q!:!§l $150,000 $0 $2,457,014 $0 $ 2,607,014 RESOLUTION NO. 19-06-04-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING ITS ARTICLE XlllB APPROPRIATIONS LIMITATION (GANN LIMITATION) FOR FISCAL YEAR 2019-20 WHEREAS, the voters of California on November 6, 1979, added Article XlllB to the State Constitution placing various limitations on the appropriations of the State and local governments; and, WHEREAS, Article XlllB provides that the appropriations limitation for the Fiscal Year 2019-20 is calculated by adjusting the base year appropriations of Fiscal Year 1978-79, with changes in California per capita personal income or non-residential assessed valuation and changes in City or County populations, and the recalculations of the appropriations limitation from the 1986-87 fiscal year as stipulated by Proposition 111; and, WHEREAS, the information regarding the change in non-residential assessed valuation due to new construction from the County of Orange is not available until after the establishment of the Fiscal Year 2019-20 appropriations limitation and the City reserves the right to adjust its Fiscal Year 2019-20 limitation as information regarding the change in non-residential assessed valuation due to new construction is made available by the County of Orange; and, WHEREAS, the information necessary for making these adjustments is attached as Exhibit A; and, WHEREAS, the City of San Juan Capistrano has complied with all the provisions of Article XlllB and amendments thereto per Proposition 111 in determining the appropriations limitation for Fiscal Year 2019-20. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby: 1. Set the appropriations limitation for Fiscal Year 2019-20 at $84,237,651 as shown in attached Exhibit A 2. Determine that the amount of the appropriations of the City of San Juan Capistrano for Fiscal Year 2019-20 that are subject to the limitation are $22,250, 195; and, 3. Declare that the appropriations of the City of San Juan Capistrano for Fiscal Year 2019-20 that are subject to the limitation do not exceed the limitation. 1 ATTACHMENT 5 PASSED, APPROVED, AND ADOPTED this 4th day of June 2019. BRIAN L. MARYOTT, MAYOR ATTEST: MARIA MORRIS, CITY CLERK 2 ATTACHMENT 5 EXHIBIT A 2019-20 'APPROPRIATION LIMITATION CALCULATION 2019-20 APPROPRIATIONS LIMITATION: 2018-19 Limitation x Annual adjustment factors: Population increase (for City) Inflation charges (California personal income) Combining adjustment factors 2019-20 Limitation 0.77% 1.0077 3.85% x 1.0385 $80,494,650 1.0465 $84,237,651 APPROPRIATIONS SUBJECT TO LIMITATION AND APPROPRIATIONS MARGIN: Budget appropriation 2019-20 Less exclusions: Non-proceeds of taxes Qualified debt services Qualified capital outlay Total exclusions Add change in fund balance Total appropriations subject to limitation Appropriations margin (19,778,290) (2, 171,235) (889,000) $35,501,220 (22,838,525) 9,587,500 $22,250, 195 $61,987,456 RESOLUTION NO. 19-06-04-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ESTABLISHING THE PROPERTY TAX RATE FOR VOTER-APPROVED BONDED INDEBTEDNESS (OPEN SPACE MEASURE Y) FOR FISCAL YEAR 2019-20 WHEREAS, in the election of November 4, 2008, the voters of the City of San Juan Capistrano approved bonded indebtedness and authorized the City Council of the City of San Juan Capistrano to establish the rate of property tax required to generate an amount of revenue from the tax base to provide sufficient moneys to pay debt service on the voter-approved bonded indebtedness payable during the fiscal year ending June 30, 2019; and, WHEREAS, the total net taxable secured assessed valuation of the City of San Juan Capistrano is estimated to be $8, 198,555,000; and, WHEREAS, the total amount of revenue necessary to provide sufficient funds to pay debt service for the fiscal year ending June 30, 2020, is estimated to be $1,846,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Juan Capistrano does hereby: SECTION 1: Set the property tax rate within the City for the City of San Juan Capistrano 2017 Taxable General Obligation Refunding Bonds (Open Space Measure Y) for the fiscal year ending June 30, 2020, at $0.02252 per $100 assessed value. SECTION 2 : Authorize and direct the City Manager and the City Treasurer to take any and all actions necessary to ensure that the Auditor-Controller of the County of Orange, California makes this levy and causes to be collected the amounts requested in Section 1 hereof at the time and in the manner of levying other County taxes. These amounts shall be reported separately as remittances are made to the City. SECTION 3: The City Clerk is hereby directed to furnish the Office of the Auditor-Controller, County of Orange, Attn: Yani Painter, Property Tax Section, P.O. Box 567, Santa Ana, CA 92702-0567. 1 ATTACHMENT 6 PASSED, APPROVED AND ADOPTED this 4th day of June 2019 . BRIAN L. MARYOTT, MAYOR ATTEST: MARIA MORRIS, CITY CLERK 2 ATTACHMENT 6 RESOLUTION NO. 19-06-04-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING RESOLUTION 18- 06-11-07, THE CITY'S CLASSIFICATION AND COMPENSATION PLANS WHEREAS, the City Council of the City of San Juan Capistrano is authorized and directed under the City's Personnel Rules and Regulations to adopt and amend a Personnel Classification and Compensation Plan in order to administer the City's Personnel Management System; and, WHEREAS, the City desires to amend the Personnel Classification and Compensation Plans in order to implement revised salary schedules to include the new classification of Engineering and Planning Technician (Exhibit A contains a copy of the proposed job description) and add the existing classifications of Maintenance Mechanic, Public Works Construction Inspector, Public Works Specialist 11, and Water and Sewer Construction Inspector, as outlined in Exhibit B; and, WHEREAS, the City desires to reclassify a Management Analyst (City Manager's Department) to Senior Management Analyst; and, WHEREAS, the City's Personnel Rules and Regulations provide that adoption or amendment of the City's Personnel Classification and Compensation Plans shall be made by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby amend Resolution No. 18-06-11-07, the City's Personnel and Classification and Compensation Plans of the Classified Employees Association, as set forth in Exhibit B; delete one Engineering Technician position (1 FTE), create the job classification of and approve the job description for Engineering and Planning Technician, and authorize one position (1 FTE) at Grade 42; and delete one Management Analyst position (1 FTE) and add one Senior Management Analyst position (1 FTE) in the City Manager's Department. PASSED, APPROVED AND ADOPTED this 4th day of June, 2019. BRIAN L. MARYOTT, MAYOR ATTEST: MARIA MORRIS, CITY CLERK ATTACHMENT 7 CITY OF SAN JUAN CAPISTRANO ENGINEERING & PLANNING TECHNICIAN Class specifications are intended lo present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job. DEFINITION June 2019 To perform a wide variety of technical duties involved in receiving , processing and reviewing building, planning , public works , and other assigned City permit applications ; to assist and provide information to the public in person by telephone and email, regarding departmental policies and procedures; to conduct plan checks; issue permits; perform a variety of tasks relative to assigned area of responsibility; and to provide assistance to professional engineering, planning and other City departments. SUPERVISION RECEIVED AND EXERCISED Receives direct supervision from a Director or management staff member. ESSENTIAL FUNCTION STATEMENTS: Essential responsibilities and duties may include , but are not limited to, the following : Essential Functions: 1. Provides assistance to the public at the front counter, via telephone and email ; responds to inquiries and provides information on permit processes , policies, and procedures ; issues permit applications and explains legal requirements pertaining to applications. 2 . Responds to requests and inquiries from developers, contractors, engineers, utility companies and the general public ; provides general information regard ing engineering projects and studies . 3 . Conducts research and performs records retrieval; identifies City utility locations; locates utilities on record maps and provides flood zone designations . 4 . Receives and reviews completed applications; monitors documentation for accuracy, completeness and compliance with applicable codes, ordinances and regulations; advises applicants regarding necessary corrections required. 5. Conducts plan checks and ensures compliance with applicable codes, ordinances and regulations; recommends minor modifications. 6. Routes plans to appropriate staff; labels and logs information accordingly ; creates plan files and tracks and monitors plan status ; notifies <:ontractors, owners, engineers and developers regarding plan status . 7. Calculates and estimates fees for permits ; collects fees and issues receipts for various applications, registrations and licenses; inputs related data into the appropriate software application. 8. Processes permits for tree removal, signs, temporary use, and/or special activities . 9 . Collects and compiles technical data and prepares related narratives and statistical reports. 10 . Prepares and maintains records and files on plans and permits ; assists the general public with retrieval, copying and archiving of records; purges final permit files. 11. Posts and tracks public notices; prepares staff reports related to non-developer deposit applications including zone variances and sign permits. EXHIBIT A-Page 1 of 3 12. Coordinates project work with other City departments, outside agencies and/or utility companies; 13. Utilizes specialized software to prepare a variety of City maps including property information, street, site and location maps; processes and maintains parcel and tract maps. 14. Performs a variety of general clerical functions in support of assigned office operations including answering incoming calls, maintaining records, researching land and easement information, and preparing departmental reports . 15. Performs related duties and responsibilities as required. QUALIFICATIONS Knowledge of: • Principles and practices of urban planning. • Basic civil engineering principles and practices . • Methods and techniques of effective customer service. • Permit applications and related documentation. • Processes for reviewing plans, issuing permits, and conducting plan check. • General office practices, procedures and equipment. • Standard computer software applications . • Principles and procedures of record keeping. • English usage, spelling, grammar and punctuation. • Pertinent Federal, State and local laws, codes and regulations. Skill in: • Processing building, planning, zoning, and other assigned City permits. • Responding to inquiries and providing customer service to the public. • Explaining City policies and procedures related to the permit process. • Conducting plan checks and monitoring for regulatory compliance. • Calculating, collecting, and recording fees received. • Processing and coordinating small projects. • Maintaining accurate records and preparing a variety of reports. • Operating office equipment and utilizing standard computer software applications. • Understanding and following oral and written instructions. • Communicating clearly and concisely, both orally and in writing. • Establishing and maintaining effective working relationships with those contacted in the course of work. EXPERIENCE AND TRAINING GUIDELINES Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: One year of technical experience involving engineering and/or urban planning; and two years of administrative support experience involving public contact and customer service. Training: Equivalent to the completion of twelfth grade supplemented by college level course work in engineering , urban planning or a related field. EXHIBIT A -Page 2 of 3 WORKING CONDITIONS Environmental Conditions: Office environment; extensive public contact. Physical Conditions: Essential functions require maintaining physical condition necessary for sitting or standing for prolonged periods of time at a desk and public counter; extensive use of computer keyboards; and visual acuity for reading permit applications, maps, and drawings. EXHIBIT A -Page 3 of 3 EXHIBIT B CITY OF SAN JUAN CAPISTRANO Effective Date: June 4 , 2019 Compensation Plan Classified Employee Association Monthly Salary Schedule Class Title Grade stee 1 stee 2 stee3 stee 4 stee s Ut iliti es Ope rator Trainee 11 2 ,322 2,438 2,560 2,688 2,822 Receptionist 12 2,381 2 ,500 2,624 2,758 2,894 Office Assistant 25 3,280 3,446 3,618 3,797 3,988 Accounting Clerk 33 3,996 4,197 4,407 4,628 4,858 Public Works Specialist I 33 3,996 4 ,197 4,407 4,628 4,858 Accounting Specialist 35 4 ,199 4,409 4,630 4,861 5,104 Customer Service Representative 35 4,199 4,409 4,630 4,861 5,104 Utilities Operator I 35 4,199 _4,409 4,630 4,861 5,104 Public Works Specialist II 35 4 ,199 4,409 4 ,630 4 ,861 5,104 Administrative Specialist 36 4 ,304 4,520 4,745 4,983 5,232 Field Customer Service Representative 37 4,412 4,632 4,864 5,108 5,363 Senior Accounting Specialist 39 4 ,636 4 ,867 5, 111 5,366 5,634 Utilities Operator II 39 4,636 4,867 5, 111 5,366 5,634 Senior Public Works Specialist 40 4 ,751 4 ,989 5,239 5,501 5,776 Utilities Operator II (GWRP) 41 4 ,871 5, 113 5,369 5,639 5,920 Administrative Coordinator 42 4 ,992 5 ,242 5,504 5,779 6,068 Deputy City Clerk 42 4,992 5,242 5,504 5 ,779 6 ,068 Engineering Technician 42 4,992 5,242 5 ,504 5,779 6 ,068 rn Engineering & Planning Technician 42 4,992 5 ,242 5,504 5,779 6,068 x ::r: Human Resources Assistant 42 4,992 5,242 5,504 5,779 6,068 OJ Planning Technician 42 4 ,992 5,242 5,504 5,779 6 ,068 --i OJ Records Coordinator 42 4 ,992 5,242 5 ,504 5,779 6 ,068 "'U Community Services Coordinator 43 5, 116 5,373 5,642 5,923 6,219 Q.l Executive Assistant 44 5,245 5,507 5,782 6,071 6,374 co CD GIS Specialist 44 5,245 5,507 5,782 6,071 6,374 -->. 0 Maintenance Mechanic -44 5,245 5,507 5,782 6,071 6 ,374 0) Permit Technician 44 5 ,245 5,507 5,782 6,071 6,374 EXHIBIT B Class Title Grade stee 1 stee 2 stee3 stee 4 stee s Utilities Operator Ill 45 5,375 5,645 5,927 6,223 ,6,534 Engineering Assistant 46 5,511 5,785 6,074 6,379 6,697 Senior Permit Technician 46 5,511 5,785 6,074 6,379 6,697 Public Works Supervisor 47 5,649 5,930 6,227 6 ,538 6,866 Senior Citizens Program Coordinator 47 5,649 5,930 6,227 6 ,538 6,866 Utilities Operator Ill (GWRP) 47 5,649 5,930 6,227 6,538 6,866 Accountant 48 5,790 6,079 6,382 6,701 7,037 Assistant Planner 48 5,790 6,079 6 ,382 6,701 7,037 Customer Service Supervisor 48 5,790 6 ,079 6 ,382 6 ,701 7 ,037 Housing Coordinator/Assistant Planner 48 5,790 6,079 6 ,382 6 ,701 7,037 Senior Executive Assistant 48 5,790 6,079 6,382 6 ,701 7,037 Building and Grading Inspector 49 5,933 6,230 6,542 6,869 7,212 Code Enforcement Officer 49 5,933 6,230 6,542 6,869 7,212 Public Works Construction Inspector 49 5,933 6,230 6,542 6 ,869 7,212 Water Conservation Coordinator 49 5,933 6,230 6,542 6 ,869 7,212 Associate Planner 52 6 ,390 6,711 7,045 7 ,397 7,767 Housing Supervisor/Associate Planner 52 6,390 6,711 7 ,045 7 ,397 7,767 Water Construction Inspector 52 6,390 6 ,711 7,045 7,397 7 ,767 Utility Programs Supervisor 53 6,550 6 ,878 7,222 7 ,583 7 ,961 Assistant Engineer 54 6,714 7,049 7,401 7,772 8,160 Water and Sewer Construction Inspector 54 6,714 7,049 7,401 7,772 8,160 Utilities Superintendent 57 7,229 7,591 7,972 8,369 8,788 Associate Engineer 58 7,410 7,781 8,170 8,578 9,008 Associate Civil Engineer 60 7,781 8,170 8,578 9,008 9,458 Chief Plant Operator 61 7,980 8,379 8,798 9,239 9,700 m >< I OJ -I OJ I "'U Q) <O CD N 0 -(j) EXHIBIT B CITY OF SAN JUAN CAPISTRANO Effective Date: July 1, 2019 Compensation Plan Classified Employee Association Monthly Salary Schedule Class Title Grade stee 1 stee 2 stee3 stee 4 stee s Utilities Operator Trainee 11 2,391 2,511 2,637 2,768 2,907 Receptionist 12 2,452 2,575 2,703 2,841 2,981 Office Assistant 25 3,379 3,549 3,726 3,911 4,108 Accounting Clerk 33 4,116 4,323 4,540 4,767 5,004 Public Works Specialist I 33 4, 116 4 ,323 4 ,540 4,767 5 ,004 Accounting Specialist 35 4,325 4,542 4,769 5,007 5,257 Customer Service Representative 35 4,325 4,542 4,769 5,007 5,257 Public Works Specialist II 35 4,325 4,542 4,769 5,007 5,257 Utilities Operator I 35 4,325 4,542 4,769 5,007 5,257 Administrative Specialist 36 4,434 4,655 4,887 5,132 5,389 Field Customer Service Representative 37 4,544 4,771 5,010 5,261 5,524 Senior Accounting Specialist 39 4,775 5,013 5,265 5,527 5,804 Utilities Operator II 39 4,775 5,013 5,265 5,527 5,804 Senior Public Works Specialist 40 4,894 5 ,138 5,396 5,666 5,950 Utilities Operator II Ground Water Treatment Plant 41 5,017 5,267 5,530 5,808 6,098 Administrative Coordinator 42 5,142 5,399 5,669 5,953 6,250 Deputy City Clerk 42 5,142 5 ,399 5 ,669 5,953 6,250 Engineering Technician 42 5 ,142 5 ,399 5 ,669 5 ,953 6 ,250 rn Engineering & Planning Technician 42 5,142 5 ,399 5,669 5,953 6,250 >< Human Resources Assistant 42 5,142 5,399 5,669 5,953 6,250 I OJ Planning Technician 42 5,142 5,399 5,669 5,953 6,250 _, Records Coordinator 42 5 ,142 5,399 5,669 5,953 6,250 OJ Community Services Coordinator 43 5 ,270 5,535 5,811 6,101 6,406 "'U Executive Assistant 44 5,402 5,672 5,956 6,253 6,565 ru cc GIS Specialist 44 5,402 5,672 5,956 6,253 6,565 CD w Maintenance Mechanic 44 5,402 5,672 5 ,956 6,253 6,565 0 -Permit Technician 44 5,402 5 ,672 5,956 6,253 6 ,565 O') EXHIBIT B Class Title Grade stee 1 stee 2 stee3 stee 4 stee s Utilities Operator Ill 45 5,537 5,814 ·, 6,105 6,410 6,730 Engineering Assistant 46 5,676 5,959 6,256 6,570 6,898 Senior Permit Technician 46 5,676 5,959 6,256 6,570 6,898 Public Works Supervisor 47 5,818 6,108 6,414 6,734 7,072 Senior Citizens Program Coordinator 47 5,818 6,108 6,414 6,734 7,072 Utilities Operator Ill -Treatment Plant 47 5,818 6,108 6,414 6,734 7,072 Accountant 48 5,963 6,262 6,574 6,902 7,248 Assistant Planner 48 5,963 6,262 6,574 6,902 7,248 Customer Service Supervisor 48 5,963 6,262 6,574 6,902 7,248 Housing Coordinator/Assistant Planner 48 5,963 6,262 6,574 6,902 7,248 Senior Executive Assistant 48 5,963 6,262 6,574 6,902 7,248 Building and Grading Inspector 49 6, 111 6,417 6,739 7,075 7,429 Code Enforcement Officer 49 6, 111 6,417 6,739 7,075 7,429 Public Works Construction Inspector 49 6, 111 6,417 6,739 7,075 7,429 Water Conservation Coordinator 49 6, 111 6,417 6,739 7,075 7,429 Associate Planner 52 6,582 6,912 7,256 7,619 8,000 Housing Supervisor/Associate Planner 52 6,582 6,912 7,256 7,619 8,000 Water Construction Inspector 52 6,582 6,912 7,256 7,619 8,000 Utility Programs Supervisor 53 6,747 7,084 7,438 7,810 8,200 Assistant Engineer 54 6,915 7,261 7,623 8,006 8,405 Water and Sewer Construction Inspector 54 6,915 7,261 7,623 8,006 8,405 Utilities Superintendent 57 7,446 7,819 8,211 8,621 9,052 Associate Engineer 58 7,633 8,014 8,415 8,836 9,278 Associate Civil Engineer 60 8,014 8,415 8,836 9,278 9,742 Chief Plant Operator 61 8,220 8,631 9,061 9,516 9,991 m >< I CD -I CD I "U Ql co CD ~ 0 -CJ) EXHIBIT B CITY OF SAN JUAN CAPISTRANO Effective Date : July 1, 2020 Compensation Plan Classified Employee Association Monthly Salary Schedule Class Title Grade stee 1 stee 2 Stee3 stee 4 stee s Utilities Operator Trainee 11 2,475 2 ,599 2 ;729 2,865 3,009 Receptionist 12 2,538 2 ,665 2,798 2,940 3,085 Office Assistant 25 3,497 3,673 3,857 4,048 4,252 Accounting Clerk 33 4 ,260 4,475 4 ,699 4,933 5,179 Public Works Specialist I 33 4 ,260 4,475 4 ,699 4,933 5,179 Accounting Specialist 35 4,477 4,701 4 ,936 5,182 5,441 Customer Service Representative 35 4,477 4 ,701 4,936 5,182 5,441 Utilities Operator I 35 4,477 4,701 4,936 5,182 5,441 Public Works Specialist II 35 4,477 4,701 4,936 5 ,182 5,441 Administrative Specialist 36 4 ,589 4,818 5 ,058 5,312 5,577 Field Customer Service Representative 37 4 ,703 4 ,938 5,186 5,446 5,717 Senior Accounting Specialist 39 4 ,942 5 ,189 5,449 5,721 6,007 Utilities Operator II 39 4 ,942 5,189 5,449 5,721 6,007 Senior Public Works Specialist 40 5 ,065 5,318 5,585 5 ,864 6,158 Utilities Operator II Ground Water Treatment Plant 41 5,192 5 ,451 5,724 6,011 6,311 Administrative Coordinator 42 5,322 5,588 5,867 6,161 6,469 Deputy City Clerk 42 5,322 5,588 5 ,867 6,161 6,469 Engineering Technician 42 5,322 5,588 5,867 6,161 6 ,469 m Engineering & Planning Technician 42 5,322 5,588 5,867 6,161 6,469 >< I Human Resources Assistant 42 5 ,322 5,588 5,867 6,161 6,469 OJ Planning Technician 42 5,322 5,588 5 ,867 6,161 6 ,469 --i OJ Records Coordinator 42 5 ,322 5 ,588 5,867 6 ,161 6,469 ""U Community Services Coordinator 43 5,454 5 ,728 6 ,014 6,314 6,630 Q) Executive Assistant 44 5,591 5 ,871 6,164 6,472 6,795 co ('[) GIS Specialist 44 5,591 5 ,871 6,164 6,472 6,795 U1 0 Maintenance Mechanic 44 5,591 5,871 6 ,164 6 ,472 6 ,795 -CJ) Permit Technician 44 5 ,591 5 ,871 6 ,164 6 ,472 6,795 EXHIBIT B Class Title Grade Stee 1 stee 2 stee3 stee 4 stee s Utilities Operator Ill 45 5,730 6,018 6,319 6,634 6,966 Engineering Assistant 46 5,875 6,168 6,475 6,800 7,140 Senior Permit Technician 46 5,875 6,168 6,475 6,800 7,140 Public Works Supervisor 47 6,022 6,322 6,638 6,970 7,319 Senior Citizens Program Coordinator 47 6,022 6,322 6,638 6,970 7,319 Utilities Operator Ill -Treatment Plant 47 6,022 6,322 6,638 6,970 7,319 Accountant 48 6,172 6,481 6,804 7,144 7,502 Assistant Planner 48 6,172 6,481 6,804 7,144 7,502 Customer Service Supervisor 48 6,172 6,481 6,804 7,144 7,502 Housing Coordinator/Assistant Planner 48 6,172 6,481 6,804 7,144 7,502 Senior Executive Assistant 48 6,172 6,481 6,804 7,144 7,502 Building and Grading Inspector 49 6,325 6,642 6,974 7,322 7,689 Code Enforcement Officer 49 6,325 6,642 6,974 7,322 7,689 Public Works Construction Inspector 49 6,325 6,642 6,974 7,322 7,689 Water Conservation Coordinator 49 6,325 6,642 6,974 7,322 7,689 Associate Planner 52 6,812 7,154 7,510 7,886 8,280 Housing Supervisor/Associate Planner 52 6,812 7,154 7,510 7,886 8,280 Water Construction Inspector 52 6,812 7,154 7,510 7,886 8,280 Utility Programs Supervisor 53 6,983 7,332 7,699 8,084 8,487 Assistant Engineer 54 7,157 7,515 7,890 8,286 8,699 Water and Sewer Construction Inspector 54 7,157 7,515 7,890 8,286 8,699 Utilities Superintendent 57 7,707 8,093 8,498 8,922 9,369 Associate Engineer 58 7,900 8,294 8,710 9,145 9,603 Associate Civil Engineer 60 8,294 8,710 9,145 9,603 10,083 Chief Plant Operator 61 8,508 8,933 9,379 9,849 10,341 m >< I aJ -i aJ I "'U Q) co CD O> 0 -O> CITY OF SAN JUAN CAPISTRANO INVESTMENT POLICY FIRST ADOPTED: APRIL 4, 1995 LAST REVIEW AND AMENDMENT: JUNE 2011, 20-1-72018 CURRENT REVIEW AND AMENDMENT: JUNE 11, 20184, 2019 I. POLICY STATEMENT It is the policy of the City of San Juan Capistrano (City) to invest public funds in a manner which will provide security of principal invested, meet the daily cash flow needs of the City, seek to achieve a market rate of return throughout budgetary and economic cycles, and conform to the California Government Code sections governing the investment of public funds. II. SCOPE This Investment Policy applies to all financial assets and funds held by the City of San Juan Capistrano with the exception of deferred compensation assets (pension and other post-employment benefits) held in a trust and funds held by bond trustee that are controlled by the legal requirements of a debt indenture. For purposes of this policy, the "City of San Juan Capistrano" includes all funds of the City, the funds of the Successor Agency to the Community Redevelopment Agency of the City of San Juan Capistrano, the funds of the San Juan Capistrano Housing Authority, and the funds of any component unit that may be established by the City. Ill. OBJECTIVES The primary objectives, in priority order, of the City of San Juan Capistrano's investment activities shall be: A. SAFETY OF PRINCIPAL -Safety of principal is the foremost objective of the City. Investments of the City shall be undertaken in a manner that seeks to insure the preservation of capital in the portfolio. One of the methods to obtain this goal is diversification which is required in the portfolio's composition. B . LIQUIDITY -The City's investment portfolio will remain sufficiently liquid to enable it to meet all operating requirements which might be reasonably anticipated. "Liquidity" refers to the ability to sell at any given moment with a minimal chance of losing some portion of principal or interest. C . RETURN -The City's investment portfolio shall be designed with the objective of attaining a market average rate of return throughout budgetary and economic cycles, taking into account the City's risk constraints and cash flow needs. 1 ATTACHMENT 8 The City shall not engage in any activity that is designed to raise funds specifically for the purpose of investing (i.e., borrowing funds to invest, or leveraging). The City is not restricted from investing proceeds from a bonafide debt issuance in accordance with this investment policy until such time as funds are needed for the purpose intended. IV. DELEGATION OF AUTHORITY A. The authority of the City Council to invest or reinvest funds of the City is delegated to the Chief Financial Officer (hereafter referred to as "City Treasurer"), who shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires. Subject to review, the City Council may renew the delegation of authority each year. B . The City may delegate investment authority to an investment advisor. The advisor will follow the Investment Policy and such other written instructions as are provided. C . The City Treasurer shall designate a staff person as a liaison/deputy in the event circumstances require timely action and the City Treasurer is not present. D . No officer or designee may engage in an investment transaction except as provided under terms of this Investment Policy and the procedures established by the City Treasurer and approved by the City Manager. E . The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. F. The City Treasurer and other personnel involved in the investment process shall refrain from personal business activities that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. 2 ATTACHMENT 8 V. PRUDENCE A. The standard of prudence to be used in the investment function shall be the "prudent investor" standard and shall be applied in the context of managing the overall portfolio. This standard states, "When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency." B . The City Treasurer, acting in accordance with written procedures and this Investment Policy, shall not be held personally accountable for a specific security's credit risk or market price change, provided that any unexpected deviations are reported in a timely manner and that appropriate action is taken to control adverse development. C . The City may invest debt issuance proceeds to match or meet the anticipated timing of the expenditures. The City may not incur debt with the specific and sole purpose of arbitrage investment. ~-INTERNALCONTROLSflNVESTMENTPROCEDURES A The City Treasurer shall establish a system of internal controls which will be reviewed annually by the independent auditor. The controls shall be designed to prevent loss of public funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes or imprudent actions by employees of the City of San Juan Capistrano. B . The City Treasurer shall develop and maintain investment procedures for the operation of the investment program which are consistent with this Investment Policy. Procedures wUl------may include reference to safekeeping/custody, wire transfer agreements, collateral and deposit agreements, and other investment related activities. VII. AUTHORIZED INVESTMENTS Where this Policy specifies a percentage limitation for a particular security type or issuer, that percentage is applicable at the time the security is purchased. Diversification criteria listed in Section VIII and credit criteria listed in this section refers to the credit rating at the time the security is purchased. If an investment's credit rating falls below the minimum rating required at the time of purchase, the City's investment advisor (if any) and Treasurer will review the rating agency action may at his or her option sell the affected investment, but is not required to do so. The Treasurer has the same option with respect to the Diversification criteria listed 3 ATTACHMENT 8 in Section VIII. Investments that complied with Investment type and per issuer limitations at the time of purchase do not become noncompliant if at a later date the percentage of the portfolio applicable to that investment changes as a result of a change in the size of the portfolio. A . United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. B . Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government sponsored enterprises. C. FDIC insured or fully collateralized demand deposit accounts, savings accounts, market rate accounts, time certificates of deposits ("TCDs") and other types of bank deposits in financial institutions located in the State of California. In accordance with California Government Code Section 53635.2, to be eligible to receive City deposits, a financial institution shall have received an overall rating of not less than "satisfactory" in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California's communities. Certificates of deposit are required to be collateralized as specified under Government Code Section 53630 et seq. The City, at its discretion, may waive the collateralization requirements for any portion that is covered by Federal Deposit Insurance Corporation (FDIC) insurance. The City shall have a signed agreement with any depository accepting City funds per Government Code Section 53649. No deposits shall be made with a state or federal credit union if a member of the City Council or the Chief Financial Officer serves on the board of directors or any committee appointed by the board of directors of the credit union. In accordance with Government Code Section 53638, any deposit shall not exceed that total shareholder's equity of any depository bank, nor shall the deposit exceed the total net worth of any institution. D. Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally- or state-licensed branch of a foreign bank. Negotiable certificates of deposit with maturities in excess of one year must be rated in a rating category of "A" or its equivalent or better by at least two (NRSROs). Negotiable certificates of deposit with maturities under one year must be rated in a rating category of "A-1" its equivalent or better by at least two nationally recognized statistical-rating organizations (NRSRO). No more than 30% of the City's investment portfolio may be invested in negotiable certificates of deposit. 4 ATTACHMENT 8 E . Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.). To be eligible for investment pursuant to this subdivision these companies shall either: have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than 5 years of experience managing money market mutual funds and with assets under management in excess of $500,000,000, or attain the highest ranking letter or numerical rating provided by not less than two of the three largest NRSROs. F. The State of California Local Agency Investment Fund (LAIF), as authorized by the Government Code Section 16429.1 . G . Orange County Investment Pool, as authorized by the Government Code Section 53684. H. Local government investment pools (LGIPs), as authorized by the Government Code Section 53601 (p ). I. Taxable or tax-exempt warrants, notes, bonds or similar evidences of indebtedness issued by the State of California, a department, board, agency, or authority of the State, or any local agency within the State of California having received a rating in a rating category of "A" its equivalent or better by at least two NRSROs. Obligations eligible for investment under this subdivision with maturities under one year must be rated in a rating category of "A-1" its equivalent or better by two NRSROs. J . Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California. Obligations eligible for investment under this subdivision must be rated in a rating category of "A" or its equivalent or better by at least two NRSROs. Obligations eligible for investment under this subdivision with maturities under one year must be rated in a rating category of "A-1" or its equivalent or better by two NRSROs. K. Bankers' acceptances that are drawn on and accepted by a commercial bank. Eligible bankers' acceptances shall have the highest ranking or the highest letter and number rating in the rating category as provided for by at least two NRSROs and a maximum maturity of 180 days. L. Commercial paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by at least two NRSROs. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or paragraph (2): 5 ATTACHMENT 8 1) The entity meets the following criteria: a. Is organized and operating in the United States as a general corporation. b. Has total assets in excess of five hundred million dollars ($500,000,000). c. Has debt other than commercial paper, if any, that is rated in a rating category of "A" or higher or its equivalent by at least two NRSROs. 2) The entity meets the following criteria: a. Is organized within the United States as a special purpose corporation, trust, or limited liability company. b. Has program wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond. c. Has commercial paper that is rated in a rating category of "A-1" or higher or its equivalent by at least two NRSROs. Eligible commercial paper shall have a maximum maturity of 270 days. Investments may not represent more than 10% of the outstanding commercial paper of any single corporate issue. M. Medium-term corporate notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of 5 years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Medium-term corporate notes shall be rated in a rating category "A" or its equivalent or better by at least two NRSROs. N. Supranationals, defined as United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), or Inter-American Development Bank (IADB), with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of "AAA" or its equivalent or better by at least two NRSROs. 0. Asset-Backed Securities (ABS),, __ §::--Any mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-back certificate, consumer receivable pass-through certificate, or consumer receivable-backed bond of a maximum of five years maturity from issuers not defined in sections A and B of the Authorized Investments section of this policy. Securities eligible for investment under this subdivision shall be issued by an issuer that has a rating in a rating category of "/\" or its equi 1.ialent or better for tho issuer's debt by at leas t two by NRSROs and rated in a rating category of "AA" or its equivalent or better 6 ATTACHMENT 8 by at least two NRSROs. If additional types of securities are approved for investment of public funds by the California Government Code, they will not be eligible for investment by the City of San Juan Capistrano until this Investment Policy is amended and the amendment is passed by the City Council. VIII. DIVERSIFICATION AND MATURITY A. It is the policy of the City to diversify its investment portfolio. Invested funds shall be diversified to minimize the risk of loss resulting from over concentration of assets in a specific maturity, specific issuer, or specific class of securities. Diversification strategies shall be established and periodically reviewed by the City Treasurer and City Manager. The minimum diversification standards by security type and issuer shall be: U.S. Treasuries and securities having principal and interest guaranteed by the U.S. Government.. ........................................................... 100% U.S. Government agencies, instrumentalities and government Sponsored enterprises ............................................................. no more than 100% Bank Deposits ........................................................................... no more than 25% Negotiable CDs ......................................................................... no more than 30% Money market funds.:.:..:. .............................................. no more than 20% combined Local Agency Investment Funds (LAIF) ................................... no more than 100% Orange County Investment Pool. ............................................... no more than 40% Local government investment pools (LGIPs) ............................ no more than 40% Municipal obligations ................................................................. no more than 25% Bankers' acceptances ............................................................... no more than 30% Commercial paper ..................................................................... no more than 25% Medium-term corporate notes ..................................................... no more than 30% International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), and Inter-American Development Bank (IADB) (Supranationals) no more than 15% Asset-Backed Securities , Mortgage Pass Throughs and CMOs from issuers not defined in sections A and B of the Authorized Investments ....... no more than 20% No more than 3% of the City's investment portfolio may be invested in the securities of any one issuer regardless of security type excluding U.S. Treasuries, U.S. Government agencies, FDIC-insured CDs, Supranationals, and pooled investments such as LAIF, LGIPs, and money market funds. B. The City shall not invest in a security whose maturity exceeds five years from the date of purchase unless City Council has provided approval for a specific purpose at least 90 days before the investment is made. C The City Treasurer shall select investment maturities such that they provide necessary liquidity, manage interest rate risk, and optimize earnings. 7 ATTACHMENT 8 Because of inherent difficulties in accurately forecasting cash flow requirements, the weighted average maturity of the investment portfolio shall not exceed 3.0 years . For those investment types for which this Policy does not specify a maturity limit, no individual investment shall exceed a matu ri ty of five years from the date of purchase unless the City Council has granted express authority to purchase that investment e ither specifically or as a part of an investment program approved by the City Council no less t han th ree months prior to purchase of the investmen t. IX. PROHIBITED INVESTMENT VEHICLES AND PRACTICES • State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options . • In accordance with California Government Code, Section 53601 .6 investment in inverse floaters, range notes. or mortgage-derived interest- only strips is prohibited. • Investment in any security that could result in a zero interest accrual if held to maturity is prohibited. • Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited. • Purchasing or selling securities on margin is prohibited . • The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited. • The purchase of foreign currency denominated securities is prohibited . lX. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS For investment purchases made directly by City personnel, the City Treasurer will maintain a list of financial dealers and institutions qualified and authorized to transact bus iness with the City. The purchase by the City of any investment other than those purchased directly from the issuer, will be purchased either from an institution licensed by the State as a broker-dealer, as defined in Section 25004 of the Corporations Code , which is a member of the Financial Industry Regulatory Authority (FINRA), or a member of a federally regu lated securities ex change, a national or state chartered bank, a federal or state association (as defined by Section 5102 of the Financial Code), or a brokerage firm designated as a Primary Government Dealer by the Federal Reserve Ba n k. The City Treasurer will investigate all institutions that wish to do business with the City to dete rmine if they are adequately capitalized, make markets in securities appropriate for the City 's needs , and agree to abide by the conditions set forth in this City's Investment Policy and any other guidelines that may be provided . This w ill be done annually by having t he fi nancial institutions : 1. Prov ide written notification that they have read, and w ill abide by, the City's 8 ATTACHMENT 8 Investment Policy . 2. Submit their most recent audited Financial Statement within 120 days of the institution's fiscal year end. If the City has an investment advisor, the investment advisor may use its own list of authorized broker/dealers to conduct transactions on behalf of the City. Purchase and sale of securities will be made on the basis of competitive bids and offers with a minimum of three quotes being obtained. This section does not apply to investment purchases under the direct management of a professional investment management firm approved by the City Council. XI. INVESTMENT POOLS The City Treasurer will perform an annual review of the investment policy . XI!. SAFEKEEPING/CUSTODY AND COLLATERALIZATION A. All security transactions entered into by the City shall be conducted on a delivery versus payment (DVP) basis. B. Where applicable, all securities shall be held by a third-party bank custodian designated by the City Treasurer. The third-party custodian shall be required to issue a safekeeping receipt to the City listing the specific instrument, rate, maturity and other pertinent information. The only exception to the foregoing shall be depository accounts and securities purchases made with: (i) LAIF and local government investment pools; (ii) placement certificates of deposit, and, (iii) money market mutual funds, since the purchased securities are not deliverable. Evidence of each these investments will be held by the City Treasurer. C . Collateralization on bank deposits (including Certificates of Deposit and Passbook Savings Account Demand Deposit) shall be required in accordance with state law. XII!. REPORTING A. The City Treasurer shall make a monthly report of investment transactions and holdings to the City Council. B. If the City has an investment advisor, the investment advisor shall periodically report on the activity and results of the funds being managed by the investment advisor. C. The City Treasurer shall include a report on investment holdings in the City's 9 ATTACHMENT 8 Comprehensive Annual Financial Report as required by generally accepted accounting principles (GAAP) and the Governmental A ccounting Standards Board (GASB). XIVU. PERFORMANCE EV ALUATION The City shall monitor performance of the portfolio in conjunction wi t h input from the Ci ty's professional investment manager. XIV. INVESTMENT POLI CY ADOPTIO N The City's Investment Policy shall be reviewed periodically. Any recommended modification s shall be reviewed and approved by the City Council. XVI. GLOSSARY OF INVESTMENT TERMS AGENCIES. Shorthand market terminology for any obligation issued by a government-sponsored entitv (GSEJ. or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Exampl es are: FFCB. The Federal Farm Credit Ban k System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds. FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds. FHLMC. Like FHLB. the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called "FreddieMac" issues discount notes , bonds and mortgage pass -through securities . FNMA. Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA. also known as "FannieMae," issues discount notes . bonds and mortgage pass-through securities. GNMA. The Government National Mortgage Association. known as "GinnieMae ," issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government. PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government. TVA. The Tennessee Valley Authority provides flood contro l and power and promot es development in portions of the Tennessee, Ohio, and Mississippi River valleys . TVA currently issues discount notes and bonds. AsKED. The price at which a seller offers to se ll a security. AsSET BACKED SECURITIES. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit. AVERAGE LIFE. In mortgage-related investments. including CMOs . the average time to expected receipt of princ ipa l payments. weighted by the amount of principal expected . BANKER'S ACCEPTANCE. A money market instrument created to facilitate international trade transactions. It is high ly liquid and safe because the risk of the trade transaction is transferred to the bank which "accepts" the obligation to pay the investor. BENCHMARK. A comparison security or portfolio. A performance benchmark is a partial market index. which reflects the mix of securities allowed under a specific investment policy . BID . Th e price at wh ich a b uyer offers to bu y a se c urity. 10 ATTACHMENT 8 BROKER. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position. CALLABLE. A callable security gives the issuer the option to call it from the investor prior to its maturity . The main cause of a call is a decline in interest rates. If interest rates decline since an issuer issues securities, it will likely call its current securities and reissue them at a lower rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when interest rates are lower than when the investment was initially made. CERTIFICATE OF DEPOSIT (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable. CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY S YSTEM (CDARS). A private placement service that allows local agencies to purchase more than $250,000 in CDs from a single financial institutio n (must be a participating institution of CDARS) while still maintaining FDIC insurance coverage. CDARS is currently the only entity providin.g this service. CDARS facilitates the trading of deposits between the California institution and other participating institutions in amounts that are less t han $250,000 each. so that FDIC coverage is maintained. COLLATERAL. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also. securities pledged by a financial institution to secure deposits of public monies. COLLATERALIZED MORTGAGE OBLIGATIONS (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities. COMMERCIAL PAPER. The short-term unsecured debt of corporations . CosT YIELD. The annual income from an investment divided by the purchase cost. Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return. COUPON. The rate of return at which interest is paid on a bond. CREDIT RISK. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer. CURRENT YIELD. The annual income from an investment divided by the current market value. Since the mathematical calculation relies on the current market value rather than the investor's cost. current yield is unrelated to the actual return the investor will earn if the security is held to maturity. DEALER. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position . DEBENTURE. A bond secured only by the general credit of the issuer. DELIVERY vs. PAYMENT (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser's agent. DERIVATIVE . Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount. or any security which represents a component of another security which has been separated from other components (''Stripped" coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument. interest rate. or index. D ISCOUNT. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities. such as T-bills and banker's acceptances, are known as discount securities. They sell at a discount ·from par, and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons. trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or qua lity. 11 ATTACHMENT 8 DIVERSIFICATION. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk . DURATION. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows . Durati on measures the price sensitivity of a bond to changes in interest rates . (See modified duration). FEDERAL FUNDS RATE. The rate of interest charged by banks for short-term loans to other banks . The Federal Reserve Bank through open-market operations establishes it. FEDERAL OPEN MARKET COMMITTEE. A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves. LEVERAGE. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing. LIQUIDITY . The speed and ease with which an asset can be converted to cash. LOCAL AGENCY INVESTMENT FUND (LAIF). A voluntary investment fund open to government entities and certain non-profit organizations In California that is managed by the State Treasurer's Office. LOCAL GOVERNMENT INVESTMENT POOL. Investment pools that range from the State Treasurer's Office Local Agency Investment Fund (LAIF) to county pools. to Joint Powers Authorities (JPAs). These funds are not subject to the same SEC rules applicable to money market mutual funds . MAKE WHOLE CALL A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option. with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be pai d because of the call. With t his type of call , an investor is compensated. or "made whole ." MARGIN. The difference between the market valu e of a security and the loan a broker makes using that security as collateral. MARKET RISK. The risk that the value of securities will fluctuate with changes in overall market condit ions or interest rates. MARKET VALUE. The price at which a security ca n be traded. MARKING TO MARKET. The process of posting current market values for securities in a portfolio . MATURITY. The final date upon which the principal of a security becomes due and payable . MEDIUM TERM NOTES. Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis. MTNs are high ly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences . MODIFIED DURATION. The percent change in price for a 100 basis point change in yields. Modified duration is the best single measure of a portfolio 's or security's exposure to market risk. MONEY MARKET. The market in which short-term debt instruments (T-bills, discount notes . commercial paper. and banker's acceptances) are issued and traded . MORTGAGE PASS-THROUGH SECURITIES. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security. MUNICIPAL SECURITIES. Securities issued by state and local agencies to finance capital and operating expenses . MUTUAL FUND. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund 's prospectus . Mutual funds can be invested in various types of domestic and/or international stocks. bonds, and money market instruments. as set forth in the individual fund's prospectus . For most large, institutional investors. the costs associated with investing in mutual funds are higher than the investor can obtain through an individua ll y managed portfolio. 12 ATTACHMENT 8 NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (NRSRO). A credit rating agency that the Securities and Exchange Commission in the United States uses for regu latory purposes . Credit rating agencies provide assessments of an investment's risk. The issuers of investments, especially debt securities. pay credit rating agencies to provide them with ratings . The three most prom inent NRSROs are Fitch, S&P. and Moody's. NEGOTIABLE CD. A short-term debt instrument t hat pays Interest and is issued by a bank. savings or federal association. state or federal credit union, or state-licensed branch of a foreign bank. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor). PREMIUM . The difference between the par value of a bond and the cost of the bond, when the cost is above par. PREPAYMENT SPEED. A measure of how quickly principal is repaid to investors in mortgage securities. PREPAYMENT WINDOW. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed . PRIMARY DEALER. A financial inst itution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S . monetary policy, and (2) that participates for statistical reporting purposes in compi ling data on activity in the U.S . Government securities market. PRUDENT PERSON (PRUDENT INVESTOR) RULE. A standard of responsibility which applies to fiduciaries . In California, the rule is stated as "Investments shall be managed with the care. skill, prudence and diligence. under the circumstances then prevailing . that a prudent person. acting in a like capacity and familiar with such matters. would use in the conduct of an enterprise of like character and with like aims to accomplish simila r purposes." REALIZED YIELD. The change in value of the portfo lio due to interest received and interest earned and realized gains and losses. It does not give effect to changes in market value on securities, which have not been sold from the portfolio . REGIONAL DEALER. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities and that is not a primary dealer. REPURCHASE AGREEMENT. Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price . From the seller's point of view, the same transaction is a reverse repurchase agree ment. SAFEKEEPING. A service to bank customers whereby securities are held by the bank in the customer's name. STRUCTURED NOTE. A complex , fixed income instrument, which pays interest, based on a formula tied to other interest rates , commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters." which pay interest based on the relationship between two other interest rates -for example, the yield on the ten- year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements. SUPRANATIONAL. A Supranational is a multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries. TOTAL RATE OF RETURN. A measure of a portfolio's performance over time. It is the internal rate of return. which equates the beginning value of the portfolio with the ending value; it includes interest earnings , realized and unrealized gains. and losses in the portfolio . U.S. TREASURY OBLIGATIONS. Securities issued by the U.S . Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk. and are· 13 ATTACHMENT 8 the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds . TREASURY BILLS. All securities issued with initi al maturities of one year or less are issued as discounted instruments, and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues "cash management" bills as needed to smooth out cash flows. TREASURY NOTES. All securities issued with initial maturities of two to ten years are called Treasury notes. and pay interest semi-annually . TREASURY BONDS. All securities issued with ini tial maturities greater than ten years are called Treasury bonds . Like Treasury notes . they pay interest semi-annually. VOLATI LITY. The rate at which security prices change with changes in general economic conditions or the general level of interest rates. YIELD TO MATURITY. The annualized internal rat e of return on an investment which equates the expected cash flows from the investment to its cost. 14 ATTACHMENT 8 CITY OF SAN JUAN CAPISTRANO INVESTMENT POLICY FIRST ADOPTED: APRIL 4, 1995 LAST REVIEW AND AMENDMENT: JUNE 11, 2018 CURRENT REVIEW AND AMENDMENT: JUNE 4, 2019 I. POLICY ST A TEMENT It is the policy of the City of San Juan Capistrano (City) to invest public funds in a manner which will provide security of principal invested, meet the daily cash flow needs of the City, seek to achieve a market rate of return throughout budgetary and economic cycles, and conform to the California Government Code sections governing the investment of public funds. II. SCOPE This Investment Policy applies to all financial assets and funds held by the City of San Juan Capistrano with the exception of deferred compensation assets (pension and other post-employment benefits) held in a trust and funds held by bond trustee that are controlled by the legal requirements of a debt indenture. For purposes of this policy, the "City of San Juan Capistrano" includes all funds of the City, the funds of the Successor Agency to the Community Redevelopment Agency of the City of San Juan Capistrano, the funds of the San Juan Capistrano Housing Authority, and the funds of any component unit that may be established by the City. Ill. OBJECTIVES The primary objectives, in priority order, of the City of San Juan Capistrano's investment activities shall be: A SAFETY OF PRINCIPAL -Safety of principal is the foremost objective of the City. Investments of the City shall be undertaken in a manner that seeks to insure the preseNation of capital in the portfolio. One of the methods to obtain this goal is diversification which is required in the portfolio's composition. B. LIQUIDITY -The City's investment portfolio will remain sufficiently liquid to enable it to meet all operating requirements which might be reasonably anticipated. "Liquidity" refers to the ability to sell at any given moment with a minimal chance of losing some portion of principal or interest. C. RETURN -The City's investment portfolio shall be designed with the objective of attaining a market average rate of return throughout budgetary and economic cycles, taking into account the City's risk constraints and cash flow needs. 1 ATTACHMENT 9 The City shall not engage in any activity that is designed to raise funds specifically for the purpose of investing (i.e ., borrowing funds to invest, or leveraging). The City is not restricted from investing proceeds from a bonafide debt issuance in accordance with this investment policy until such time as funds are needed for the purpose intended. IV. DELEGATION OF AUTHORITY A. The authority of the City Council to invest or reinvest funds of the City is delegated to the Chief Financial Officer (hereafter referred to as "City Treasurer"), who shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires. Subject to review, the City Council may renew the delegation of authority each year. B. The City may delegate investment authority to an investment advisor. The advisor will follow the Investment Policy and such other written instructions as are prov ided. C. The City Treasurer shall designate a staff person as a liaison/deputy in the event circumstances require timely action and the City Treasurer is not present. D. No officer or designee may engage in an investment transaction except as provided under terms of this Investment Policy and the procedures established by the City Treasurer and approved by the City Manager. E. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials . F. The City Treasurer and other personnel involved in the investment process shall refrain from personal business activities that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions . 2 ATTACHMENT 9 V. PRUDENCE A. The standard of prudence to be used in the investment function shall be the "prudent investor" standard and shall be applied in the context of managing the overall portfolio. This standard states, "When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency." B. The City Treasurer, acting in accordance with written procedures and this Investment Policy, shall not be held personally accountable for a specific security's credit risk or market price change, provided that any unexpected deviations are reported in a timely manner and that appropriate action is taken to control adverse development. C . The City may invest debt issuance proceeds to match or meet the anticipated timing of the expenditures. The City may not incur debt with the specific and sole purpose of arbitrage investment. VI. INTERNAL CONTROLS/INVESTMENT PROCEDURES A The City Treasurer shall establish a system of internal controls which will be reviewed annually by the independent auditor. The controls shall be designed to prevent loss of public funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes or imprudent actions by employees of the City of San Juan Capistrano. B. The City Treasurer shall develop and maintain investment procedures for the operation of the investment program which are consistent with this Investment Policy. Procedures may include reference to safekeeping/custody, wire transfer agreements, collateral and deposit agreements, and other investment related activities . VII. AUTHORIZED INVESTMENTS Where this Policy specifies a percentage limitation for a particular security type or issuer, that percentage is applicable at the time the security is purchased. Diversification criteria listed in Section VIII and credit criteria listed in this section refers to the credit rating at the time the security is purchased. If an investment's credit rating falls below the minimum rating required at the time of purchase, the City's investment advisor (if any) and Treasurer will review the rating agency action may at his or her option sell the affected investment, but is not required to do so. The Treasurer has the same option with respect to the Diversification criteria listed 3 ATTACHMENT 9 in Section VIII. Investments that complied with Investment type and per issuer limitations at the time of purchase do not become noncompliant if at a later date the percentage of the portfolio applicable to that investment changes as a result of a change in the size of the portfolio. A United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. B. Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government sponsored enterprises. C. FDIC insured or fully collateralized demand deposit accounts, savings accounts, market rate accounts, time certificates of deposits ("TCDs") and other types of bank deposits in financial institutions located in the State of California. In accordance with California Government Code Section 53635.2, to be eligible to receive City deposits, a financial institution shall have received an overall rating of not less than "satisfactory" in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California's communities. Certificates of deposit are required to be collateralized as specified under Government Code Section 53630 et seq. The City, at its discretion, may waive the collateralization requirements for any portion that is covered by Federal Deposit Insurance Corporation (FDIC) insurance. The City shall have a signed agreement with any depository accepting City funds per Government Code Section 53649. No deposits shall be made with a state or federal credit union if a member of the City Council or the Chief Financial Officer serves on the board of directors or any committee appointed by the board of directors of the credit union. In accordance with Government Code Section 53638, any deposit shall not exceed that total shareholder's equity of any depository bank, nor shall the deposit exceed the total net worth of any institution. 0 . Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally- or state-licensed branch of a foreign bank. Negotiable certificates of deposit with maturities in excess of one year must be rated in a rating category of "A" or its equivalent or better by at least two (NRSROs). Negotiable certificates of deposit with maturities under one year must be rated in a rating category of "A-1" its equivalent or better by at least two nationally recognized statistical-rating organizations (NRSRO). No more than 30% of the City's investment portfolio may be invested in negotiable certificates of deposit. 4 ATTACHMENT 9 E. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.). To be eligible for investment pursuant to this subdivision these companies shall either: have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than 5 years of experience managing money market mutual funds and with assets under management in excess of $500,000,000, or attain the highest ranking letter or numerical rating provided by not less than two of the three largest NRSROs. F. The State of California Local Agency Investment Fund (LAIF), as authorized by the Government Code Section 16429.1. G . Orange County Investment Pool, as authorized by the Government Code Section 53684. H. Local government investment pools (LGIPs), as authorized by the Government Code Section 53601 (p). I. Taxable or tax-exempt warrants, notes, bonds or similar evidences of indebtedness issued by the State of California, a department, board, agency, or authority of the State, or any local agency within the State of California having received a rating in a rating category of "A" its equivalent or better by at least two NRSROs. Obligations eligible for investment under this subdivision with maturities under one year must be rated in a rating category of "A-1" its equivalent or better by two NRSROs. J . Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California. Obligations eligible for investment under this subdivision must be rated in a rating category of "A" or its equivalent or better by at least two NRSROs. Obligations eligible for investment under this subdivision with maturities under one year must be rated in a rating category of "A-1" or its equivalent or better by two NRSROs . K. Bankers' acceptances that are drawn on and accepted by a commercial bank. Eligible bankers ' acceptances shall have the highest ranking or the highest letter and number rating in the rating category as provided for by at least two NRSROs and a maximum maturity of 180 days. L. Commercial paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by at least two NRSROs. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or paragraph (2): 5 ATTACHMENT 9 1) The entity meets the following criteria: a. Is organized and operating in the United States as a general corporation. b. Has total assets in excess of five hundred million dollars ($500,000,000). c. Has debt other than commercial paper, if any, that is rated in a rating category of "A" or higher or its equivalent by at least two NRSROs. 2) The entity meets the following criteria : a. Is organized within the United States as a special purpose corporation, trust, or limited liability company. b. Has program wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond. c. Has commercial paper that is rated in a rating category of "A-1" or higher or its equivalent by at least two NRSROs. Eligible commercial paper shall have a maximum maturity of 270 days. Investments may not represent more than 10% of the outstanding commercial paper of any single corporate issue. M. Medium-term corporate notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of 5 years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Medium-term corporate notes shall be rated in a rating category "A" or its equivalent or better by at least two NRSROs. N. Supranationals, defined as United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), or Inter-American Development Bank (IADB), with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of "AAA" or its equivalent or better by at least two NRSROs. 0 . Asset-Backed Securities (ABS), any mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-back certificate, consumer receivable pass-through certificate, or consumer receivable-backed bond of a maximum of five years maturity from issuers not defined in sections A and B of the Authorized Investments section of this policy. Securities eligible for investment under this subdivision shall be rated in a rating category of "AA" or its equivalent or better by at least two NRSROs. 6 ATTACHMENT 9 If additional types of securities are approved for investment of public funds by the California Government Code, they will not be eligible for investment by the City of San Juan Capistrano until this Investment Policy is amended and the amendment is passed by the City Council. VIII. DIVERSIFICATION AND MATURITY A It is the policy of the City to diversify its investment portfolio. Invested funds shall be diversified to minimize the risk of loss resulting from over concentration of assets in a specific maturity, specific issuer, or specific class of securities. Diversification strategies shall be established and periodically reviewed by the City Treasurer and City Manager. The minimum diversification standards by security type and issuer shall be: U.S. Treasuries and securities having principal and interest guaranteed by the U.S . Government ............................................................. 100% U.S. Government agencies, instrumentalities and government Sponsored enterprises ............................................................ no more than 100% Bank Deposits ........................................................................... no more than 25% Negotiable CDs ......................................................................... no more than 30% Money market funds ................................................. no more than 20% combined Local Agency Investment Funds (LAIF) ................................... no more than 100% Orange County Investment Pool. ............................................... no more than 40% Local government investment pools (LGIPs) ............................ no more than 40% Municipal obligations ................................................................. no more than 25% Bankers' acceptances ............................................................... no more than 30% Commercial paper ..................................................................... no more than 25% Medium-term corporate notes .................................................... no more than 30% International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), and Inter-American Development Bank (IADB) (Supranationals) no more than 15% Asset-Backed Securities, Mortgage Pass Throughs and CMOs from issuers not defined in sections A and B of the Authorized Investments ....... no more than 20% No more than 3% of the City's investment portfolio may be invested in the securities of any one issuer regardless of security type excluding U.S. Treasuries , U.S. Government agencies, FDIC-insured CDs, Supranationals, and pooled investments such as LAIF, LGIPs , and money market funds. B. The City shall not invest in a security whose maturity exceeds five years from the date of purchase unless City Council has provided approval for a specific purpose at least 90 days before the investment is made. C The City Treasurer shall select investment maturities such that they provide necessary liquidity, manage interest rate risk, and optimize earnings. Because of inherent difficulties in accurately forecasting cash flow requirements, the weighted average maturity of the investment portfolio 7 ATTACHMENT 9 shall not exceed 3.0 years. For those investment types for which this Policy does not specify a maturity limit, no individual investment shall exceed a maturity of five years from the date of purchase unless the City Council has granted express authority to purchase that investment either specifically or as a part of an investment program approved by the City Council no less than three months prior to purchase of the investment. IX. PROHIBITED INVESTMENT VEHICLES AND PRACTICES • State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options. • In accordance with California Government Code, Section 53601.6 investment in inverse floaters, range notes, or mortgage-derived interest- only strips is prohibited. • Investment in any security that could result in a zero interest accrual if held to maturity is prohibited. • Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited . • Purchasing or selling securities on margin is prohibited. • The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited. • The purchase of foreign currency denominated securities is prohibited. X. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS For investment purchases made directly by City personnel, the City Treasurer will maintain a list of financial dealers and institutions qualified and authorized to transact business with the City. The purchase by the City of any investment other than those purchased directly from the issuer, will be purchased either from an institution licensed by the State as a broker-dealer, as defined in Section 25004 of the Corporations Code, which is a member of the Financial Industry Regulatory Authority (FINRA), or a member of a federally regulated securities exchange, a national or state chartered bank, a federal or state association (as defined by Section 5102 of the Financial Code), or a brokerage firm designated as a Primary Government Dealer by the Federal Reserve Bank. The City Treasurer will investigate all institutions that wish to do business with the City to determine if they are adequately capitalized, make markets in securities appropriate for the City's needs, and agree to abide by the conditions set forth in this City's Investment Policy and any other guidelines that may be provided. This will be done annually by having the financial institutions: 1. Provide written notification that they have read , and will abide by , the City's Investment Policy. 8 ATTACHMENT 9 2. Submit their most recent audited Financial Statement within 120 days of the institution's fiscal year end. If the City has an investment advisor, the investment advisor may use its own list of authorized broker/dealers to conduct transactions on behalf of the City. Purchase and sale of securities will be made on the basis of competitive bids and offers with a minimum of three quotes being obtained. This section does not apply to investment purchases under the direct management of a professional investment management firm approved by the City Council. XI. INVESTMENT POOLS The City Treasurer will perform an annual review of the investment policy . XII. SAFEKEEPING/CUSTODY AND COLLATERALIZATION A. All security transactions entered into by the City shall be conducted on a delivery versus payment (DVP) basis. B. Where applicable, all securities shall be held by a third-party bank custodian designated by the City Treasurer. The third-party custodian shall be required to issue a safekeeping receipt to the City listing the specific instrument, rate, maturity and other pertinent information. The only exception to the foregoing shall be depository accounts and securities purchases made with: (i) LAIF and local government investment pools; (ii) placement certificates of deposit, and, (iii) money market mutual funds, since the purchased securities are not deliverable. Evidence of each these investments will be held by the City Treasurer. C. Collateralization on bank deposits (including Certificates of Deposit and Passbook Savings Account Demand Deposit) shall be required in accordance with state law. XIII. REPORTING A. The City Treasurer shall make a monthly report of investment transactions and holdings to the City Council. B. If the City has an investment advisor, the investment advisor shall periodically report on the activity and results of the funds being managed by the investment advisor. C . The City Treasurer shall include a report on investment holdings in the City's Comprehensive Annual Financial Report as required by generally accepted accounting principles (GAAP) and the Governmental Accounting Standards 9 ATTACHMENT 9 Board (GASS). XIV. PERFORMANCE EVALUATION The City shall monitor performance of the portfolio in conjunction with input from the City's professional investment manager. XV. INVESTMENT POLICY ADOPTION The City's Investment Policy shall be reviewed periodically . Any recommended modifications shall be reviewed and approved by the City Council. XVI. GLOSSARY OF INVESTMENT TERMS AGENCIES. Shorthand market terminology for any obligation issued by a government-sponsored entity (GSE), or a federally related institution . Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are: FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds . FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds. ' FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called "FreddieMac" issues discount notes, bonds and mortgage pass-through securities. FNMA. Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as "FannieMae," issues discount notes, bonds and mortgage pass-through securities. GNMA. The Government National Mortgage Association, known as "GinnieMae," issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government. PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government. TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds. ASKED. The price at which a seller offers to sell a security. ASSET BACKED SECURITIES. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit. AVERAGE LIFE. In mortgage-related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected. BANKER'S ACCEPTANCE. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which "accepts" the obligation to pay the investor. BENCHMARK. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy. BID. The price at which a buyer offers to buy a security. BROKER. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position. 10 ATTACHMENT 9 CALLABLE. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates . If interest rates decline since an issuer issues securities, it will likely call its current securities and reissue them at a lower rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when interest rates are lower than when the investment was initially made. CERTIFICATE OF DEPOSIT (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable. CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SYSTEM (CDARS). A private placement service that allows local agencies to purchase more than $250,000 in CDs from a single financial institution (must be a participating institution of CDARS) while still maintaining FDIC insurance coverage. CDARS is currently the only entity providing this service. CDARS facilitates the trading of deposits between the California institution and other participating institutions in amounts that are less than $250,000 each, so that FDIC coverage is maintained. COLLATERAL. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies. COLLATERALIZED MORTGAGE OBLIGATIONS (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities. COMMERCIAL PAPER. The short-term unsecured debt of corporations. COST YIELD. The annual income from an investment divided by the purchase cost. Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return. COUPON. The rate of return at which interest is paid on a bond. CREDIT RISK. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer. CURRENT YIELD. The annual income from an investment divided by the current market value. Since the mathematical calculation relies on the current market value rather than the investor's cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity. DEALER. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position. DEBENTURE. A bond secured only by the general credit of the issuer. DELIVERY vs. PAYMENT (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser's agent. DERIVATIVE. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components ("Stripped" coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate, or index. DISCOUNT. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker's acceptances, are known as discount securities. They sell at a discount from par, and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons, trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality. DIVERSIFICATION. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk. 11 ATTACHMENT 9 DURATION. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See mod ifie d durat io n). FEDERAL FUNDS RATE. The rate of interest charged by banks for short-term loans to other banks. The Federal Reserve Bank through open-market operations establishes it. FEDERAL OPEN MARKET COMMITTEE. A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves . LEVERAGE . Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing. LIQUIDITY. The speed and ease with which an asset can be converted to cash. LOCAL AGENCY INVESTMENT FUND (LAIF). A voluntary investment fund open to government entities and certain non-profit organizations in California that is managed by the State Treasurer's Office. LOCAL GOVERNMENT INVESTMENT POOL Investment pools that range from the State Treasurer's Office Local Agency Investment Fund (LAIF) to county pools, to Joint Powers Authorities (JPAs). These funds are not subject to the same SEC rules applicable to money market mutual funds . MAKE WHOLE CALL A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated , or "made whole." MARGIN. The difference between the market value of a security and the loan a broker makes using that security as collateral. MARKET RtsK. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates. MARKET VALUE. The price at which a security can be traded. MARKING TO MARKET. The process of posting current market values for securities in a portfolio . MATURITY. The final date upon which the principal of a security becomes due and payable. MEDIUM TERM NOTES. Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences. MODIFIED DURATION. The percent change in price for a 100 basis point change in yields. Modified duration is the best single measure of a portfolio's or security's exposure to market risk. MONEY MARKET. The market in which short-term debt instruments (T-bills , discount notes, commercial paper, and banker's acceptances) are issued and traded. MORTGAGE PASS-THROUGH SECURITIES. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security. MUNICIPAL SECURITIES. Securities issued by state and local agencies to finance capital and operating expenses. MUTUAL FUND. An entity which pools the funds of investors and invests those funds in a set of securities wh ich is specifically defined in the fund's prospectus. Mutual funds can be invested in various types of domestic and/or international stocks , bonds, and money market instruments, as set forth in the individual fund's prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio . NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (NRSRO). A credit rating agency that the Securities and Exchange Commission in the United 12 ATTACHMENT 9 States uses for regulatory purposes. Credit rating agencies provide assessments of an investment's risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, S&P, and Moody's. NEGOTIABLE CD. A short-term debt instrument that pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state-licensed branch of a foreign bank. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor). PREMIUM. The difference between the par value of a bond and the cost of the bond, when the cost is above par. PREPAYMENT SPEED. A measure of how quickly principal is repaid to investors in mortgage securities. PREPAYMENT WINDOW. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed. PRIMARY DEALER. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S. Government securities market. PRUDENT PERSON (PRUDENT INVESTOR) RULE. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as "Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes." REALIZED YIELD. The change in value of the portfolio due to interest received and interest earned and realized gains and losses. It does not give effect to changes in market value on securities, which have not been sold from the portfolio. REGIONAL DEALER. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities and that is not a primary dealer. REPURCHASE AGREEMENT. Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller's point of view, the same transaction is a reverse repurchase agreement. SAFEKEEPING. A service to bank customers whereby securities are held by the bank in the customer's name. STRUCTURED NOTE. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates -for example, the yield on the ten- year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements. SUPRANATIONAL. A Supranational is a multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries. TOTAL RATE OF RETURN. A measure of a portfolio's performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio. U.S. TREASURY OBLIGATIONS. Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk, and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds. 13 ATTACHMENT 9 TREASURY BILLS. All securities issued with initial maturities of one year or less are issued as discounted instruments, and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues "cash management" bills as needed to smooth out cash flows. TREASURY NOTES. All securities issued with initial maturities of two to ten years are called Treasury notes, and pay interest semi-annually. TREASURY BONDS. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually. VOLATILITY. The rate at which security prices change with changes in general economic conditions or the general level of interest rates. YIELD TO MATURITY. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost. 14 ATTACHMENT 9 ORDINANCE NO. __ AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING AND RESTATING CHAPTER 4 OF TITLE 3 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO PROCUREMENT PROCEDURES 1 WHEREAS, pursuant to California Constitution, Article XI, section 7, the City of San Juan Capistrano may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, California Public Contract Code sections 22000 et seq. (the "Uniform Public Construction Cost Accounting Act") authorizes local agencies such as the City to become subject to said Act, which the City has done, whereupon the City is legally authorized to bid and award public works contract in accordance with the provisions of said Act; and WHEREAS . Assembl y Bill 2249 was recentl y enacted . increasing of the informal and formal bid limits under the Act, effective January 1, 2019; and WHEREAS, California Government Code section 54202 authorizes the City to adopt, by ordinance, policies and procedures, including bidding regulations, governing the purchases of supplies and equipment by the City; and WHEREAS, California Government Code sections 4525 et seq. provide for the manner in which local agencies, such as the City, are to procure the services of certain professional services; and WHEREAS. the City Council desires to make certain changes to the San Juan Capistrano Municipa l Code to update the policies a n d procedures for the purchase of goods , supg lies, eguigment. materials , and services; WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS: SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. SECTION 2. Chapter 4 of Title 3 of the San Juan Capistrano Municipal Code is hereby amended in its entirety to read as follows: "CHAPTER4.PROCUREMENTPROCEDURES Sec. 3-4.101. Adoption of purchasing system. Sec. 3-4.102. City's purchasing system. Sec. 3-4.103. Definitions. Sec. 3-4.201. Purchasing Officer. Sec. 3-4.202. Exemptions from centralized purchasing. ATTACHMENT 10 Sec. 3-4.203. Purchasing authority. Sec. 3-4.204. Emergency purchases. Sec. 3-4.301. Purchases under $3,000 .$10 ,000 . Sec. 3-4.302. Purchase orders. Sec. 3-4.303. Encumbrance of funds. Sec. 3-4.304. Competitive bidding. Sec. 3-4.305. Open market and informal quote purchases. Sec. 3-4.306. Formal request for proposal or request for qualifications. Sec. 3-4.307. Qualified bidders list. Sec. 3-4.308. Informal bid process. Sec. 3-4.309. Formal bid process. Sec. 3-4.310. Exceptions to competitive bidding. Sec. 3-4.311. Inspections and testing. Sec. 3-4.401. Surplus supplies and equipment. Sec. 3-4.402. Recycled products. Sec. 3-4.501. Public works projects. Article 1. General Provisions Sec. 3-4.101. Adoption of purchasing system. This purchasing system is hereby adopted in order to establish efficient regulations, policies and procedures for the purchase of goods, supplies, equipment, materials, and services, to secure on behalf of the City, the goods, supplies, equipmen tJ. materialsJ. and fef: services at the lowest possible cost, taking into consideration quality, service levels, and time constraints, together with other relevant factors, to exercise positive financial control over purchases and procurements, to clearly define authority for the purchasing function, and to comply with all applicable laws in a professional and ethical manner. Sec. 3-4.102. City's purchasing system. This purchasing system is hereby adopted in accordance with the provisions of Sections 54202 through 54205 of the Government Code of the State of California. The authority for the purchase of goods, supplies, equipment, materialsJ. and services shall be vested in a Purchasing Officer as designated in Section 3-4.201, and the procedures and policies contained in this chapter, the City's administrative purchasing policies and procedures, as well as supplemental rules and resolutions adopted by the City Council or its designee shall hereafter be followed for the procurement of goods, supplies, equipment, materials and services. Sec. 3-4.103. Definitions. For the purposes of this chapter, the words and terms set forth below shall be construed in accordance with the following definitions: (a) "Budgeted" shall mean the amount of appropriations within a fund adopted for expenditure by the City Council. (b) "Formal bid process" shall mean the public bidding process used for purchases of goods, supplies, equipment, or materials or services . The process requires a public notice inviting bids, availability of specifications, bid opening, determination of lowest responsive ATTACHMENT 10 2 and responsible bidder, awarding of the bid, and public access to the results of the process. The same process is used for formal requests for proposals/qualifications. (c) "Goods, supplies, equipment, and materials" shall mean fixed, movable, disposable, aRE#or reusable products, commodities, or items used by the City, including, but not limited to, office supplies, program supplies, subscriptions, vehicles, fuel and vehicle supplies, tools, computers, computer hardware and software, landscape and irrigation supplies, power tools, janitorial supplies, office furniture, and fixtures , which shall that will be furnished to or used by any department. (d) "Informal bid process" shall mean a bidding process used, when applicable, for purchases of goods, supplies, equipment, materials or services. The process requires a notice inviting informal bids, which shall be mailed to contractors on the Qualified Bidders List and, where applicable, advertised in designated construction trade journals, availability of project details, bid opening, determination of successful bidder, and awarding of the contract. (e) "Maintenance services .. " as defined as "maintenance work" in Public Contract Code section 22002, shall mean the furnishing of labor, time or effort by a contractor, including, but not limited to: (1) Routine, recurring, and usual work for the preservation or protection of a publicly owned, or publicly operated facility for intended purposes; (2) Minor repainting; (3) Resurfacing of streets and highways at less than one inch; ( 4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; and (5) Work performed to keep, operate and maintain publicly owned water or waste disposal systems. (f) "Originating department" shall mean any department requiring goods, supplies, equipment, materials, services, aA4lor construction procured pursuant to this chapter. (g) "Persona l services " shall mean the furnishing of labor, time or effort by a contractor for such non-professional services as the City may, from time to ti me. find necessary and proper for the functioning of the City . !.b.l..._"Professional services" shall mean services provided by any specially trained, educated, experienced or licensed person, company, corporation, or firm, and which involve the exercise of discretion and independent judgment together with an advanced or specialized knowledge, expertise, training, or unique skills gained by formal studies or experience. (-Rl) "Public works project .. " as defined as "public project" in Public Contract Code section 22002. shall mean construction, reconstruction, erection, alteration, restoration, improvement, demolition, and repair work involving any facility owned, leased, or operated by the City, and also includes painting or repainting any facility owned, leased, or operated by the City. Construction, erection, improvement, or repair of dams, reservoirs and electrical transmission lines of 230,000 volts and higher that are owned by the City are also within this definition. (tj) "Purchase" shall mean an order or contract for goods . supplies . equ ipmen t. materials or services for a specific quantity, purpose , or per iod of time . ATTACHMENT 10 3 _(~) "Purchase order" shall mean a commercial document issued by a buyer to a seller, indicating types, quantities, and agreed prices for products or services the seller will provide to the buyer. (~) "Qualified bidders list" shall mean one list for ongoing service requirements for the same or very similar services, including maintenance services, professional services, personal services, and qualified construction contractors, categorized by the type of product sold or work performed for use in soliciting bids. The Qualified bidders list shall be approved by the City Council at least every three (3) years. The City Manager shall have the authority to add qualified bidders to the list as needed, however any additions must be submitted to the City Council for ratification at the next regular City Council meeting. (mJ.k ) "Responsible bidder" shall mean a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the wor~ proposed. (mm) "Responsive bidder" shall mean a bidder who has submitted a bid which conforms in all material respects to the notice inviting bids. (oRm ) "Services" means either "personal services", "maintenance services" or "professional services". (p) "Sole source" shall mean an award for a commodity or service that can feasibly be obtained from Q.D!y_one source-effiy. (~)"Surplus property" means property, other than real property, no longer needed by City departments for their operations, obsolete property, property in poor or nonworking condition, or property that is a by-product (i.e., scrap metal, used tires, oil, etc.) Article 2. Delegation of Authority Sec. 3-4.201. Purchasing Officer. The position of Purchasing Officer is hereby created. The City Manager, or the City Manager's designee, shall serve as the Purchasing Officer. The Purchasing Officer shall have authority to: (a) Ensure full and open competition on all purchases as required under all applicable laws and City policies; (b) Coordinate vendor relations, locate sources of supply and evaluate vendor performance; (c) Recommend revisions to purchasing procedures when necessary and keep informed of current developments in the field of public purchasing; (d) Prescribe and maintain all forms and records necessary for the efficient operation of the purchasing function; (e) Act as the City's agent in the transfer and disposal of surplus goods, supplies, equipment and materials; and, (f) Maintain a bidders' list, vendors' catalog file, and the records needed for the efficient operation of procurements for the City. Sec. 3-4.202. Exemptions from centralized purchasing. ATTACHMENT 10 4 The City Council or Purchasing Officer may authorize, in writing, any department to purchase specified goods, supplies, equipment, materials, services, aR€1J or construction, but shall require that such purchases be made in conformity with the procedures established by this chapter,-tRe provisions of Sectiefls 54201 througl'l 54204 of the Government Code of the State, and any supplemental City policies, and may further require periodic reports from each department on the purchases made under such written authorization. Sec. 3-4.203. Purchasing authority. There are three (3) levels of authority applicable for the purchase of goods, supplies, equipment, materials, services, and public works projects, which shall be delegated as follows: (a) Department Heads are authorized to award or reject purchases, agreements, contracts, bids, aR€1Jor purchase orders, other than for public works projects, in an amount not to exceed ten thousand dollars ($10,000.00). Department Heads may approve amendments aR€J.lo r change orders to existing purchases, agreements, contracts, aR€1J or purchase orders, other than for public works projects, so long as the cumulative total of the contract (change order( s )/amendment( s) plus original contract vak:leamount ) does not exceed ten thousand dollars ($10,000.00). (b) The City Manager is authorized to award or reject purchases, agreements, contracts, bids, purchase orders, and/orothor than and public works projects, in an amount not to exceed forty-five thousand dollars ($45,000.00). The City Manager may approve amendments afl€1./.o r change orders to existing purchases, agreements, contracts, purchase orders, other than for public works projects, so long as the cumulative total of the contract (change order(s)/amendment(s) plus original contract vak:leamount ) does not exceed forty-five thousand dollars ($45,000.00). (c) The City Council -sAaU--is authorized to award or reject purchases, agreements, contracts, bids, purchase orders, change orders, aR€J.lo r amendments that exceed forty- five thousand dollars ($45,000.00) for goods, supplies, equipment, materials, professional and maintenance services, or public works projects. (d) Department Heads are authorized to award or reject change orders during to contracts for the construction of a public works project of up to ten percent ( 10%) of the contract amount up to a cumulative amount (original contract amount, plus change orders) of forty-five thousand dollars ($45,000.00) on City Manager approved contracts. The cumulative change order amounts may not exceed the project's contingency amount aRtllo r the City Council approved budget. whichever is less . ( e) The City Manager is authorized to award or reject change orders oofffi§-to contracts for the construction of a public works project of up to ten percent ( 10%) of the contract amount up to a cumulative amount (original contract amount, plus change orders) of GRe hundred seventy five two hundred t housand dollars ($175,000 200 ,000 .00) on City Council approved construction contracts. The cumulative change order amounts may not exceed the project's contingency amount (typically ten percent (10%) of the contract award amount) aR€11o r the City Council approved budget, wh ichever is less . Sec. 3-4.204. Emergency purchases. ATTACHMENT 10 5 The City Manager may authorize the purchase of goods, supplies, equipment, materials, and services without following certain City purchasing policies and procedures as prescribed by the Purchasing Officer, including obtaining the appropriate level of authority and lef competitive bidding, where the City Manager determines that an emergency exists and the public health, safety .. or welfare of the community would be affected. All emergency purchases that would have otherwise requireQ. City Council approval due to the contract amount, or would have otherwise required a formal bid process or informal bid process, must be submitted to the City Council for ratification at the next regular City Council meeting after the purchase is authorized. For public works projects, the City Manager shall comply with the requirements set forth in Section 22050 of the Public Contracts Code. Article 3. Purchasing Procedures Sec. 3-4.301. Purchases under $3,00010,000 . Purchases which have a total value amount of throe ten thousand dollars ($3,G0010 .000 .00) or loss sRaU-may be made utilizing petty cash, check reques t ... or other procedures, as may be · prescribed in writing by the Purchasing Officer. Sec. 3-4.302. Purchase orders. Purchase of goods, supplies--aOO, equipment, materials afl4lor services in excess of tAfee-ten thousand dollars ($3,G0010,000 .00) shall be made effiy-by purchase order_Q[ written contract. Except as otherwise provided in this chapter, no purchase order shall be issued unless the prior approval of the Purchasing Officer, or the Purchasing Officer's designated representative, has been obtained . Sec. 3-4.303. Encumbrance of funds. Except in cases of emergency, the Purchasing Officer shall not issue any P.Q urchase order(s) for supplies and equipment unless there exists an unencumbered appropriation in the City's budget against which such purchase is to be charged. Sec. 3-4.304. Competitive bidding. The total estimated dollar valuecost of the goods, supplies, equipment, materials, services, afl4lo r projects determines the bidding procedures andlef procurement methods that must be followed, as described below: (a) Goods, supplies, equipment and materials,-aAd non _publHr\Norks projects : (1) No bidding required: $3 ,00010 ,00 0 .00 or less. (2) Informal quote: $3,001 .0060 5,00010,000 .0 1-$25,000.00. (3) Formal bid process: Over $25,000.00. (b) Professional , personal aAEl--QL maintenance service contracts: (1) lnf:orma l quote: $25,000 .00 or less . (1) No bidding required : $10,000.00 or less. (2) Informal quote: $10.000.01-$25,000.00. __ (~~) Formal RFP/RFQ bid process: Over $25,000.00 . ATTACHMENT 10 6 (c) Public works projects: (1) No bidding required: $45,000 5060,000 .00 or less. (See section 3 .4-501 (a).) (2) Informal bid process: $45,001.00 $175,000 .00$60,000.01 to $200,000 .00 . (3) Formal bid process: Over $.i-7§200 ,000.00. Sec. 3-4.305. Open market and informal quote purchases. Purchases of goods, supplies, equipment, materials, and professional , personal and maintenance services of an estimated vaH::le--cost in the amount of twenty-five thousand dollars ($25,000.00) or less may be made by the appropriate level of authority identified in Section 3-4.20 ~i above, utilizing the open market process or informal quote process, as prescribed by the Purchasing Officer, without adhering to the procedures prescribed for Informal bid process or formal bid process. The open market process and informal quote process shall follow, at a minimum, the following guidelines: (a) Minimum number of ~-Open market purchases and informal quotes shall, whenever possible, be based on at least three (3) ~- (b) Soliciting bi-Gsquotes . The Originating department shall solicit bi-Gsquotes from prospective vendors by written request or telephone request. (c) Award of purchase. Open market purchase§. and informal quotes purchase§. shall be awarded to the ioi.vest respons i ble biddervendor presenting a quote that is in the City 's best interests as determined by the Department Head. Contracts for the purchase of professional services shal l be awarded on the basis of demonstrated competence and professional qualifications . (d) Additional procurement requ irements . In circumstances where more restrictive requirements apply (e.g., procurement invo lving grant funds), the City will follow those requirements. Sec. 3-4.306. Formal request for proposal or request for qualifications. The request for proposal (RFP) or request for qualifications (RFQ) process shall be utilized to engage services on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the City. The following minimum guidelines and procedures shall be implemented by the Purchasing Officer: (a) The originating department shall prepare the RFP/RFQ for the type of services to be performed, which shall contain, among other details, scope of the problem or objective, services to be performed, work product to be provided, anticipated time schedule, evaluation factors, expectations._ and/or limitations, contractual requirements, types of experience and qualifications considered in the evaluation, and other requirements specific to the scope of work. (b) In issuing the RFP/RFQ, the originating department shall prepare a list of at least three (3) potential firms to receive the RFP/RFQ, and where appropriate, advertise the RFP/RFQ in a local newspaper of general circulation. The City shall allow a reasonable length of time, based on the complexity and size of the project, between solicitation and closing dates to provide potential applicants time to respond. ATTACHMENT 10 7 ( c) All proposals received by the City in response to an RFP/RFQ shall be time stamped and submitted to the originating department. All proposals received by 5:00 p.m. on the closing date of the RFP/RFQ shall be opened in the presence of the Department Head, or the Department Head's designee, on the following workday. (d) Proposals shall be evaluated by a selection committee, appointed by the Department Head of the originating department, subject to the approval of the City Manager or Purchasing Officer, on the general quality and responsiveness of the proposal, the qualifications of the organization or personnel submitting the proposal, and when applicable, the proposed cost for the services requested. (e) The formal RFP/RFQ process may be bypassed only in the following circumstances: (1) In emergency situations where the Department Head determines that an emergency exists and the public health, safety or welfare of the community would be affected; (2) When only one known service provider is available; or (3) When extenuating circumstances would make the formal RFP/RFQ process not the most cost-effective approach. (f) In circumstances where more restrictive requirements apply (e.g., procurement involving grant funds). the City will follow those requirements. Sec. 3-4.307. Qualified bidders list. (a) The Purchasing Officer shall develop criteria and procedures to establish a sffiWe qualified bidders list, which shall encompass qualified vendors registered with the City and the following three (3) categories of contractors: (1) Maintenance contractors that provide services with recurring and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes; (2) Professional service contractors that are educated or licensed specialists who provide services of an advisory nature and provide recommendations for a course of action, an end product, or the transmittal of information ~.:. (J) QYQijfie€1 €l€1Rstrw€lOOR €l€1Atra8tors WRG are salle€1 Wfi€JA tt;Jrow§R tJile IRfermaJ.6i8€1iA§ ~f8898S ees€lri8e€1 iA Se€lti€lA a 4 .JQ9 (0elew) te fi9Ft€lrm €l9RBiA fiilWSlie W€lFl<S fiF@jeets. (b) +Re-In order to comp ile this list. the Purchasing Officer shall select, where possible, at least three (3) vendors, consultants, aR€1for contractors for each category of services required, who shall be placed on the qualified bidders list following an informal solicitation of qualifications, and an evaluation and selection process, which shall be established by the Purchasing Officer. (c) The qualified bidders list shall be approved by the City Council at least every three (3) years. The City Manager shall have the authority to add qualified bidders to the list as needed, however any additions must be submitted to the City Council for ratification at the next regular City Council meeting. (d) All vendors, consultants, and contractors on the qualified bidders list shall be reviewed and approved by the City Manager on an annual basis. ATTACHMENT 10 8 -(JeL ln addition to the foregoing , the Pu rchasin g Officer sRaUmay develo p and maintain a list of Qg ualified construction contractors who are called upon through the Informal bidding process described in Section 3-4 .308 (below) to perform certain public works projects . The list of qualified contractors, identified according to categories of work. shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission Sec. 3-4.308. Informal bid process for Publ ic W or ks Project s . The City has elected to follow the uniform construction cost accounting procedures for all public works projects. Contracts for public works projects -valtleEl-wit h an estimated cost of over forty fivesixty thousand dollars ($4a60 ,000.00) and up to ooe-two hundred seventy fi.ve-t housand dollars ($4-75200 ,000.00) sRaU-may be subject let in accordance with ta-t he following informal bid process: (a) The originating department shall prepare a notice inviting informal bids, which provides, at a minimum, a description of the project and scope of work, a method to obtain more detailed information on the project and scope of work, a proposed contract, applicable bond and insurance requirements, and the time and place for the submission of bids. (b) The originating department shall mail a notice inviting informal bids to all construction contractors on the qualified bidders list and /or advertise the notice inviting informal bids in all designated construction trade journals no less than ten (10) calendar days before the bids are due. (c) The City Clerk shall open all bids at the time and place stated in the notice inviting informal bids. (d) The City, by way of the City Manager or City Council, where applicable, shall award the public works project to the lowest responsive and responsible bidder. (e) In the event an informal bid result for the lowest responsive and responsible bidder results in all bids over eRe-two hundred seventy five thousand dollars ($4-75200 ,000.00), but less than ooe----two hundred eighty seventwelve thousand five hundred dollars ($4-37212 ,500.00), the City Council may award the public works project using the Informal bid process only after the City Council approves such an award by four-fifths ( 4/5) vote consistent with Public Contract Code Section 22034. (f) The originating department aRGtor Purchasing Officer shall follow and comply with all procedures and requirements set forth in Public Contract Code Section 22030 et seq., concerning informal bidding, this chapter, and any supplemental policies prescribed by the Purchasing Officer. (g) In circumstances where more restrictive requirements apply (e.g ., procurement involving grant funds). the City will follow those requirements . Sec. 3-4.309. Formal bid process. Except as otherwise provided in this chapter, purchases and contracts for goods, supplies, equipment, and materials .-and services and public works having a value greater than twenty-five thousand dollars ($25,000.00) and public works projects valueG--and ATTACHMENT 10 9 public works projects valued with an estimated cost greater than ooe-two hundred seventy five t housand dollars ($.:J-75200 ,000.00) shall be subject to the following formal bid process: (a) Notice inviting bids. Notice inviting bids shall include: (i) a general description of the goods or services to be purchased; (ii) where bid forms and specifications may be obtained; and (iii) the date, time, and place for opening of the bids. The publication or posting of the notices inviting bids shall be given at least fourteen ( 14) days before the date of opening bids. The notice shall be published in a newspaper of general circulation, printed and published in the City, or, if there is none, the notice shall be posted in at least three (3) public places in the City which have been designated by resolution as the places for posting public notices. The notice shall also be mailed to all construction trade journals specified in Public Contract Code Section 22036 at least thirty (30) calendar days before the date of opening the bids, or emailed to the construction trade journals at least fifteen (15) calendar days before the date of opening the bids. (b) Bidder's security. When deemed necessary by the Purchasing Officer afl4lor originating department, bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled to the return of bid security; provided, however, a successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within thirty (30) calendar days from the date of the award of the contract, unless in the latter event the City is solely responsible for the delay in executing the contract. The Purchasing Officer afl4lor originating department, on the refusal or failure of the successful bidder to execute the' contract, may award it to the next lowest responsive and responsible bidder. (c) Bid opening procedure. Sealed bids shall be submitted to the City Clerk and shall be clearly identified with the bid number on the envelope. Upon receipt, the City Clerk shall date and time stamp the envelope. Bids shall be opened in public at the time and place stated in the public notices. All bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. (d) Rejection of bids. In its discretion, the City Council may reject any and all bids, accept or reject any one or more items of a bid, or waive any irregularities or informalities in the bids or the bidding process if to do so is deemed to best serve the interests of the City. If, after the first invitation of bids, all bids are rejected, the City may elect to readvertise for bids pursuant to the procedure prescribed in this section or have the project done by force account. (e) Award of contracts. Contracts shall be awarded by the City Council to the lowest responsive and responsible bidder. (f) Tie bids. If two (2) or more bids received are for the same total amount, with price, quality and services being equal, the City Council may accept the bid it chooses or accept the lowest bid made after negotiation with the tie bidders at the time of the bid opening. (g) Additional bidding requirements . In sasescircumstances where more restrictive requirements apply (e.g ., procurement i nvolving grant funds), the City will follow those requirements. Sec. 3-4.310. Exceptions to competitive bidding. ATTACHMENT 10 10 There shall be no informal bid process aAGi or formal bid process required for the following purchases of goods, supplies , equipment, materials , andifil public wefk.s projects under any of the following circumstances: (a) Where the acquisition of goods, supplies, equipment, materials , or services , and/or public works projects _is necessitated by reason of emergency circumstances, where the procurement is required to prevent the immediate interruption or cessation of necessary City services or to safeguard life, property.._ or the public hea lth and welfare , such purchases shall be made in accordance with Section 3-4.204.r-er: (b) Where a commodity can be obtained only-fr~When only one known service prevklersource of the neeeeG-qoods . supp lies. equ ipment. materials , or services and/or pubJi&wefks projects is available .T-Gr (c) When the City has a contract with another governmental agency to purchase a particular item or service on a cooperative basis. (d) When the City Manager determines that compliance with the above formal procurement procedures for the purchase of goods. supplies . equipment. materials or services cannot be achieved due to timing requirements, which could have not otherwise been avoided . the City may proceed with an informal sol icitation of quotes from at least three vendors . A description of the circumstances. the quotes received, and the basis for vendor selection shall be approved by the City Manager. (e) The City Council may waive the requirement for competitive bidding for the purchase of goods. supplies. equipment. materials or services when compliance with such requirement is not in the best interest of the City , as determined by the City Council. Sec. 3-4.311. Inspections and testing. The Purchasing Officer or originating department shall inspect goods, supplies, equipment, materials and related services to determine their conformance with the specifications set forth in the purchase order or contract. The Purchasing Officer or originating department shall have the right to waive any defect, irregularity, or informality. The Purchasing Officer or originating department shall have the authority to require chemical and physical demonstrative testing of samples submitted with bids and samples of deliverables which are necessary to determine their quality, fitness for a particular use and conformance with specifications. Article 4. Miscellaneous Procedures Sec. 3-4.401. Surplus supplies and equipment. All departments shall submit to the Purchasing Officer, at least annually, a report describing all goods, supplies, equipment, materials, fixtures and other personal property of the City which is determined to be no longer required by the department because of decreased use, poor condition, damage not worth the cost of repair, or which has become obsolete. (a) The Purchasing Officer, with the approval of the City Manager, is authorized from time to time to sell or exchange any and all goods, supplies, equipment, materials, fixtures, and other personal property of the City having a salvage value and which is obsolete or unserviceable, or is deemed to be surplus for which replacements are to be purchased. The Purchasing Officer may sell the same for the best price obtainable in the ATTACHMENT 10 11 open market, or, when it is deemed advisable, to the highest bidder at a public sale, or the Purchasing Officer may exchange the same for other property or for credit on other property. (b) If the Purchasing Officer determines that any such obsolete, unserviceable, or surplus property has no salvage value, it may be disposed of in any acceptable manner. (c) All sales shall be "as is" and "where is" with no warranty, guarantee or representation of any kind, express or implied , as to the condition, utility or usability of the property. All sales shall be paid to the City in cash, certified check, money order, or in a manner agreeable to the Purchasing Officer. (d) The Purchasing Officer shall be authorized, with the approval of the City Manager, to sign bills of sale and any other documents evidencing the transfer of title to such property by and on behalf of the City. (e) Prior to disposing of any obsolete, unserviceable or surplus property having an estimated market value in excess of one thousand dollars ($1,000.00), the Purchasing Officer shall inform the City Council of the nature of the property proposed for disposition and the proposed sales price . Such disposition shall be subject to the City Council's prior approval. (f) The Purchasing Officer may prescribe additional policies and procedures for the identification and disposition of surplus property as the Purchasing Officer deems necessary. Sec. 3-4.402. Recycled products. A five percent (5%) or greater price preference may be given to recycled products_,or reusable products offered as alternatives to disposable products, and products designed to be recycled where they are offered as alternatives to nonrecyclable products. The preference percentage shall be based on the lowest bid or price quoted by the supplier or suppliers offering nonrecycled products . Purchase of products which cannot be recycled or reused is strongly discouraged . Sec. 3-4.501. Public works projects. (a) Public works projects, as defined in Public Contract Code Section 22002, of fefty- .fi.vesixty thousand dollars ($4560 ,000.00) or less may be performed by employees of the City by force account, by negotiated contract or by purchase order. (b) Public works projects, as defined in Public Contract Code Section 22002, of GAe -Rtindred seventy fivetwo hundred thousand dollars ($~200 ,000.00) or less may be awarded by Informal bid process as described above (includ ing , wi th o ut limi tation . as provided i n s ubdivision {a) of this section 3-4 .501 ), and consistent with Public Contract Code Section 22030 et seq. (c) Public works projects, as defined in Public Contract Code Section 22002, of more than one hundred seventy fivotwo hundred thousand dollars (~200 ,000.00) shall be awarded by formal bidding process as described above, and consistent with Public Contract Code Section 22030 et seq." ATTACHMENT 10 12 ORDINANCE NO. __ AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING AND RESTATING CHAPTER 4 OF TITLE 3 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO PROCUREMENT PROCEDURES WHEREAS, pursuant to California Constitution, Article XI , section 7, the City of San Juan Capistrano may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, California Public Contract Code sections 22000 et seq. (the "Uniform Public Construction Cost Accounting Act") authorizes local agencies such as the City to become subject to said Act, which the City has done, whereupon the City is legally authorized to bid and award public works contract in accordance with the provisions of said Act; and WHEREAS, Assembly Bill 2249 was recently enacted, increasing of the informal and formal bid limits under the Act, effective January 1, 2019; and WHEREAS, California Government Code section 54202 authorizes the City to adopt, by ordinance, policies and procedures, including bidding regulations, governing the purchases of supplies and equipment by the City ; and WHEREAS, California Government Code sections 4525 et seq. provide for the manner in which local agencies, such as the City, are to procure the services of certain professional services; and WHEREAS, the City Council desires to make certain changes to the San Juan Capistrano Municipal Code to update the policies and procedures for the purchase of goods , supplies, equipment, materials, and services ; WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS: SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. SECTION 2. Chapter 4 of Title 3 of the San Juan Capistrano Municipal Code is hereby amended in its entirety to read as follows : "CHAPTER 4. PROCUREMENT PROCEDURES Sec. 3-4.101. Adoption of purchasing system. Sec. 3-4.102. City's purchasing system. Sec. 3-4.103. Definitions. Sec. 3-4.201. Purchasing Officer. Sec. 3-4.202. Exemptions from centralized purchasing. ATTACHMENT 11 Sec. 3-4.203. Purchasing authority. Sec. 3-4.204. Emergency purchases. Sec. 3-4.301. Purchases under $10,000. Sec. 3-4.302. Purchase orders. Sec. 3-4.303. Encumbrance of funds. Sec. 3-4.304. Competitive bidding. Sec. 3-4.305. Open market and informal quote purchases. Sec. 3-4.306. Formal request for proposal or request for qualifications. Sec. 3-4.307. Qualified bidders list. ·Sec. 3-4.308. Informal bid process. Sec. 3-4.309. Formal bid process. Sec. 3-4.310. Exceptions to competitive bidding. Sec. 3-4.311. Inspections and testing. Sec. 3-4.401. Surplus supplies and equipment: Sec. 3-4.402. Recycled products. Sec. 3-4.501. Public works projects. Article 1. General Provisions Sec. 3-4.101. Adoption of purchasing system. This purchasing system is hereby adopted in order to establish efficient regulations, policies and procedures for the purchase of goods, supplies, equipment, materials, and services, to secure on behalf of the City, the goods, supplies, equipment, materials, and services at the lowest possible cost, taking into consideration quality , service levels, and time constraints, together with other relevant factors, to exercise positive financial control over purchases and procurements, to clearly define authority for the purchasing function, and to comply with all applicable laws in a professional and ethical manner. Sec. 3-4.102. City's purchasing system. This purchasing system is hereby adopted in accordance with the provisions of Sections 54202 through 54205 of the Government Code of the State of California. The authority for the purchase of goods, supplies, equipment, materials, and services shall be vested in a Purchasing Officer as designated in Section 3-4.201, and the procedures and policies contained in this chapter, the City's administrative purchasing policies and procedures, as well as supplemental rules and resolutions adopted by the City Council or its designee shall hereafter be followed for the procurement of goods, supplies , equipment, materials and services. Sec. 3-4.103. Definitions. For the purposes of this chapter, the words and terms set forth below shall be construed in accordance with the following definitions : (a) "Budgeted" shall mean the amount of appropriations within a fund adopted for expenditure by the City Council. (b) "Formal bid process" shall mean the public bidding process used for purchases of goods, supplies, equipment, or materials. The process requires a public notice inviting bids, availability of specifications, bid opening, determination of lowest responsive and ATTACHMENT 11 2 responsible bidder, awarding of the bid, and public access to the results of the process. The same process is used for formal requests for proposals/qualifications. (c) "Goods, supplies, equipment, and materials" shall mean fixed, movable, disposable, or reusable products, commodities, or items used by the City, including, but not limited to, office supplies, program supplies, subscriptions, vehicles, fuel and vehicle supplies, tools, computers, computer hardware and software, landscape and irrigation supplies, power tools, janitorial supplies, office furniture, and fixtures that will be furnished to or used by any department. (d) "Informal bid process" shall mean a bidding process used, when applicable, for purchases of goods, supplies, equipment, materials or services. The process requires a notice inviting informal bids, which shall be mailed to contractors on the Qualified Bidders List and, where applicable, advertised in designated construction trade journals, availability of project details, bid opening, determination of successful bidder, and awarding of the contract. (e) "Maintenance services," as defined as "maintenance work" in Public Contract Code section 22002, shall mean the furnishing of labor, time or effort by a contractor, including, but not limited to: (1) Routine, recurring, and usual work for the preservation or protection of a publicly owned, or publicly operated facility for intended purposes; (2) Minor repainting; (3) Resurfacing of streets and highways at less than one inch; (4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; and (5) Work performed to keep, operate and maintain publicly owned water or waste disposal systems. (f) "Originating department" shall mean any department requiring goods, supplies, equipment, materials, services, or construction procured pursuant to this chapter. (g) "Personal services" shall mean the furnishing of labor, time or effort by a contractor for such non-professional services as the City may, from time to time, find necessary and proper for the functioning of the City. (h) "Professional services" shall mean services provided by any ~pecially trained, educated, experienced or licensed person , company, corporation , or firm, and which involve the exercise of discretion and independent judgment together with an advanced or specialized knowledge, expertise, training, or unique skills gained by formal studies or experience. (i) "Public works project," as defined as "public project" in Public Contract Code section 22002, shall mean construction, reconstruction, erection, alteration, restoration, improvement, demolition, and repair work involving any facility owned, leased, or operated by the City, and also includes painting or repainting any facility owned, leased, or operated by the City. Construction, erection, improvement, or repair of dams, reservoirs and electrical transmission lines of 230,000 volts and higher that are owned by the City are also within this definition. U) "Purchase" shall mean an order or contract for goods, supplies, equipment, materials or services for a specific quantity, purpose, or period of time. ATTACHMENT 11 3 (k) "Purchase order" shall mean a commercial document issued by a buyer to a seller, indicating types, quantities, and agreed prices for products or services the seller will provide to the buyer. (I) "Qualified bidders list" shall mean one list for ongoing service requirements for the same or very similar services, including maintenance services, professional services, personal services, and qualified construction contractors, categorized by the type of product sold or work performed for use in soliciting bids. The Qualified bidders list shall be approved by the City Council at least every three (3) years. The City Manager shall have the authority to add qualified bidders to the list as needed, however any additions must be submitted to the City Council for ratification at the next regular City Council meeting. (m) "Responsible bidder" shall mean a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the work proposed. (n) "Responsive bidder" shall mean a bidder who has submitted a bid which conforms in all material respects to the notice inviting bids. (o) "Services" means either "personal services", "maintenance services" or "professional services". (p) "Sole source" shall mean an award for a commodity or service that can feasibly be obtained from only one source. (p) "Surplus property" means property, other than real property, no longer needed by City departments for their operations, obsolete property, property in poor or nonworking condition, or property that is a by-product (i.e., scrap metal, used tires, oil, etc.) Article 2. Delegation of Authority Sec. 3-4.201. Purchasing Officer. The position of Purchasing Officer is hereby created. The City Manager, or the City Manager's designee, shall serve as the Purchasing Officer. The Purchasing Officer shall have authority to: (a) Ensure full and open competition on all purchases as required under all applicable laws and City policies; (b) Coordinate vendor relations, locate sources of supply and evaluate vendor performance; (c) Recommend revisions to purchasing procedures when necessary and keep informed of current developments in the field of public purchasing; (d) Prescribe and maintain all forms and records necessary for the efficient operation of the purchasing function; (e) Act as the City's agent in the transfer and disposal of surplus goods, supplies, equipment and materials; and, (f) Maintain a bidders' list, vendors' catalog file, and the records needed for the efficient operation of procurements for the City. Sec. 3-4.202. Exemptions from centralized purchasing. ATTACHMENT 11 4 The City Council or Purchasing Officer may authorize, in writing , any department to purchase specified goods, supplies, equipment, materials, services, or construction, but shall require that such purchases be made in conformity with the procedures established by this chapter and any supplemental City policies, and may further require periodic reports from each department on the purchases made under such written authorization. Sec. 3-4.203. Purchasing authority. There are three (3) levels of authority applicable for the purchase of goods, supplies , equipment, materials, services, and public works projects, which shall be delegated as follows: (a) Department Heads are authorized to award or reject purchases, agreements, contracts, bids, or purchase orders, other than for public works projects, in an amount not to exceed ten thousand dollars ($10,000.00). Department Heads may approve amendments or change orders to existing purchases, agreements, contracts, or purchase orders, other than for public works projects, so long as the cumulative total of the contract (change order(s)/amendment(s) plus original contract amount) does not exceed ten thousand dollars ($10,000.00). (b) The City Manager is authorized to award or reject purchases, agreements , contracts, bids, purchase orders, and public works projects, in an amount not to exceed forty-five thousand dollars ($45,000.00). The City Manager may approve amendments or change orders to existing purchases, agreements, contracts, purchase orders, other than for public works projects, so long as the cumulative total of the contract (change order(s)/amendment(s) plus original contract amount) does not exceed forty-five thousand dollars ($45,000.00). (c) The City Council is authorized to award or reject purchases, agreements , contracts , bids, purchase orders , change orders, or amendments that exceed forty -five thousand dollars ($45 ,000 .00) for goods, supplies , equipment, materials, professional and maintenance services, or public works projects . (d) Department Heads are authorized to award or reject change orders to contracts for the construction of a public works project of up to ten percent (10%) of the contract amount up to a cumulative amount (original contract amount, plus change orders) of forty- five thousand dollars ($45,000.00) on City Manager approved contracts. The cumulative change order amounts may not exceed the project's contingency amount or the City Council approved budget, whichever is less . (e) The City Manager is authorized to award or reject change orders to contracts for the construction of a public works project of up to ten percent ( 10%) of the contract amount up to a cumulative amount (original contract amount, plus change orders) of two hundred thousand dollars ($200,000.00) on City Council approved contracts. The cumulative change order amounts may not exceed the project's contingency amount (typically ten percent (10%) of the contract award amount) or the City Council approved budget, whichever is less. Sec. 3-4.204. Emergency purchases. The City Manager may authorize the purchase of goods, supplies, equipment , materials, and services without following certain City purchasing policies and procedures ATTACHMENT 11 5 as prescribed by the Purchasing Officer, including obtaining the appropriate level of authority and competitive bidding, where the City Manager determines that an emergency exists and the public health, safety, or welfare of the community would be affected. All emergency purchases that would have otherwise required City Council approval due to the contract amount, or would have otherwise required a formal bid process or informal bid process, must be submitted to the City Council for ratification at the next regular City Council meeting after the purchase is authorized. For public works projects, the City Manager shall comply with the requirements set forth in Section 22050 of the Public Contracts Code. Article 3. Purchasing Procedures Sec. 3-4.301. Purchases under $10,000. Purchases which have a total amount of ten thousand dollars ($10,000.00) or less may be made utilizing petty cash , check request, or other procedures, as may be prescribed in writing by the Purchasing Officer. Sec. 3-4.302. Purchase orders. Purchase of goods, supplies, equipment, materials or services in excess of ten thousand dollars ($10,000.00) shall be made by purchase order or written contract. Except as otherwise provided in this chapter, no purchase order shall be issued unless the prior approval of the Purchasing Officer, or the Purchasing Officer's designated representative, has been obtained. Sec. 3-4.303. Encumbrance of funds. Except in cases of emergency, the Purchasing Officer shall not issue any purchase order(s) for supplies and equipment unless there exists an unencumbered appropriation in the City's budget against which such purchase is to be charged. Sec. 3-4.304. Competitive bidding. The total estimated cost of the goods, supplies, equipment, materials, services, or project determines the bidding procedures and procurement methods that must be followed, as described below: (a) Goods , supplies , equipment and materials : (1) No bidding required: 10 ,000.00 or less. (2) Informal quote: $10,000.01-$25,000.00. (3) Formal bid process: Over $25,000.00. (b) Professional, personal or maintenance service contracts: (1) No bidding required: $10,000 .00 or less. (2) Informal quote: $10,000.01-$25,000.00. (3) Formal RFP/RFQ bid process : Over $25 ,000.00. (c) Public works projects : (1) No bidding required: $60,000.00 or less. (See section 3.4-501 (a).) ATTACHMENT 11 6 (2) Informal bid process: $60,000.01 to $200,000.00 . (3) Formal bid process: Over $200,000.00. Sec. 3-4.305. Open market and informal quote purchases. Purchases of goods, supplies, equipment, materials, and professional, personal and maintenance services of an estimated cost in the amount of twenty-five thousand dollars ($25,000.00) or less may be made by the appropriate level of authority identified in Section 3-4.203 above, utilizing the open market process or informal quote process, as prescribed by the Purchasing Officer, without adhering to the procedures prescribed for Informal bid process or formal bid process. The open market process and informal quote process shall follow, at a minimum, the following guidelines: (a) Minimum number of quotes. Open market purchases and informal quotes shall, whenever possible, be based on at least three (3) quotes. (b) Soliciting quotes. The Originating department shall solicit quotes from prospective vendors by written request or telephone request. (c) Award of purchase. Open market purchases and informal quotes purchases shall be awarded to the vendor presenting a quote that is in the City's best interests as determined by the Department Head. Contracts for the purchase of professional services shall be awarded on the basis of demonstrated competence and professional qualifications. (d) Additional procurement requirements. In circumstances where more restrictive requirements apply (e.g., procurement involving _grant funds), the City will follow those requirements. Sec. 3-4.306. Formal request for proposal or request for qualifications. The request for proposal (RFP) or request for qualifications (RFQ) process shall be utilized to engage services on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the City. The following minimum guidelines and procedures shall be implemented by the Purchasing Officer: (a) The originating department shall prepare the RFP/RFQ for the type of services to be performed, which shall contain, among other details, scope of the problem or objective, services to be performed, work product to be provided, anticipated time schedule, evaluation factors, expectations, limitations, contractual requirements, types of experience and qualifications considered in the evaluation, and other requirements specific to the scope of work. (b) In issuing the RFP/RFQ, the originating department shall prepare a list of at least three (3) potential firms to receive the RFP/RFQ, and where appropriate, advertise the RFP/RFQ in a local newspaper of general circulation. The City shall allow a reasonable length of time, based on the complexity and size of the project, between solicitation and closing dates to provide potential applicants time to respond. (c) All proposals received by the City in response to an RFP/RFQ shall be time stamped and submitted to the originating department. All proposals received by 5:00 p.m. on the ATTACHMENT 11 7 closing date of the RFP/RFQ shall be opened in the presence of the Department Head, or the Department Head's designee, on the following workday. (d) Proposals shall be evaluated by a selection committee, appointed by the Department Head of the originating department, subject to the approval of the City Manager or Purchasing Officer, on the general quality and responsiveness of the proposal, the qualifications of the organization or personnel submitting the proposal, and when applicable, the proposed cost for the services requested. (e) The formal RFP/RFQ process may be bypassed only in the following circumstances: (1) In emergency situations where the Department Head determines that an emergency exists and the public health, safety or welfare of the community would be affected; (2) When only one known service provider is available; or (3) When extenuating circumstances would make the formal RFP/RFQ process not the most cost-effective approach. (f) In circumstances where more restrictive requirements apply (e.g., procurement involving grant funds), the City will follow those requirements. Sec. 3-4.307. Qualified bidders list. (a) The Purchasing Officer shall develop criteria and procedures to establish a qualified bidders list, which shall encompass qualified vendors registered with the City and the following categories of contractors: (1) Maintenance contractors that provide services with recurring and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes; (2) Professional service contractors that are educated or licensed specialists who provide services of an advisory nature and provide recommendations for a course of action, an end product, or the transmittal of information. (b) In order to compile this list, the Purchasing Officer shall select, where possible, at least three (3) vendors, consultants, or contractors for each category of services required, who shall be placed on the qualified bidders list following an informal solicitation of qualifications, and an evaluation and selection process, which shall be established by the Purchasing Officer. (c) The qualified bidders list shall be approved by the City Council at least every three (3) years. The City Manager shall have the authority to add qualified bidders to the list as needed, however any additions must be submitted to the City Council for ratification at the next regular City Council meeting. (d) All vendors, consultants, and contractors on the qualified bidders list shall be reviewed and approved by the City Manager on an annual basis. (e) In addition to the foregoing, the Purchasing Officer may develop and maintain a list of qualified construction contractors who are called upon through the Informal bidding process described in Section 3-4.308 (below) to perform certain public works projects. The list of qualified contractors, identified according to categories of work, shall be ATTACHMENT 11 8 developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission Sec. 3-4.308. Informal bid process for Public Works Projects. The City has elected to follow the uniform construction cost accounting procedures for all public works projects . Contracts for public works projects with an estimated cost of over sixty thousand dollars ($60,000 .00) and up to two hundred thousand dollars ($200,000.00) may be let in accordance with the following informal bid process: (a) The originating department shall prepare a notice inviting informal bids, which provides, at a minimum, a description of the project and scope of work, a method to obtain more detailed information on the project and scope of work, a proposed contract, applicable bond and insurance requirements, and the time and place for the submission of bids. (b) The originating department shall mail a notice inviting informal bids to all construction contractors on the qualified bidders list and/or advertise the notice inviting informal bids in all designated construction trade journals no less than ten (10) calendar days before the bids are due., (c) The City Clerk shall open all bids at the time and place stated in the notice inviting informal bids. (d) The City, by way of the City Manager or City Council, where applicable, shall award the public works project to the lowest responsive and responsible bidder. (e) In the event an informal bid result for the lowest responsive and responsible bidder results in all bids over two hundred thousand dollars ($200,000.00), but less than two hundred twelve thqusand five hundred dollars ($212 ,500.00), the City Council may award the public works project using the Informal bid process only after the City Council approves such an award by four-fifths (4/5) vote consistent with Public Contract Code Section 22034. (f) The originating department or Purchasing Officer shall follow and comply with all procedures and requirements set forth in Public Contract Code Section 22030 et seq., concerning informal bidding, this chapter, and any supplemental policies prescribed by the Purchasing Officer. (g) In circumstances where more restrictive requirements apply (e.g., procurement involving grant funds), the City will follow those requirements. Sec. 3-4.309. Formal bid process. Except as otherwise provided in this chapter, purchases and contracts for goods, supplies, equipment, and materials, and services having a value greater than twenty-five thousand dollars ($25,000.00) and public works projects valued with an estimated cost greater than two hundred thousand dollars ($200,000.00) shall be subject to the following formal bid process: (a) Notice inviting bids. Notice inviting bids shall include: (i) a general description of the goods or services to be purchased; (ii) where bid forms and specifications may be obtained; and (iii) the date, time, and place for opening of the bids . The publication or ATTACHMENT 11 9 posting of the notices inviting bids shall be given at least fourteen (14) days before the date of opening bids . The notice shall be published in a newspaper of general circulation, printed and published in the City, or, if there is none, the notice shall be posted in at least three (3) public places in the City which have been designated by resolution as the places for posting public notices. The notice shall also be mailed to all construction trade journals specified in Public Contract Code Section 22036 at least thirty (30) calendar days before the date of opening the bids, or emailed to the construction trade journals at least fifteen (15) calendar days before the date of opening the bids . (b) Bidder's security. When deemed necessary by the Purchasing Officer or originating department, bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled to the return of bid security ; provided, however, a successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within thirty (30) calendar days from the date of the award of the contract, unless in the latter event the City is solely responsible for the delay in executing the contract. The Purchasing Officer or originating department, on the refusal or failure of the successful bidder to execute the contract, may award it to the next lowest responsive and responsible bidder. (c) Bid opening procedure. Sealed bids shall be submitted to the City Clerk and shall be clearly identified with the bid number on the envelope. Upon receipt, the City Clerk shall date and time stamp the envelope. Bids shall be opened in public at the time and place stated in the public notices. All bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. (d) Rejection of bids. In its discretion, the City Council may reject any and all bids, accept or reject any one or more items of a bid, or waive any irregularities or informalities in the bids or the bidding process if to do so is deemed to best serve the interests of the City . If, after the first invitation of bids , all bids are rejected, the City may elect to readvertise for bids pursuant to the procedure prescribed in this section or have the project done by force account. (e) Award of contracts. Contracts shall be awarded by the City Council to the lowest responsive and responsible bidder. (f) Tie bids. If two (2) or more bids received are for the same total amount, with price, quality and services being equal, the City Council may accept the bid it chooses or accept the lowest bid made after negotiation with the tie bidders at the time of the bid opening. (g) Additional bidding requirements . In circumstances where more restrictive requirements apply (e.g., procurement involving grant funds), the City will follow those requirements. Sec. 3-4.310. Exceptions to competitive bidding. There shall be no informal bid process or formal bid process requ ired for the following purchases under any of the following circumstances: (a) Where the acquisition of goods, supplies, equipment, materials, or services is necessitated by reason of emergency circumstances where the procurement is required to prevent the immediate interruption or cessation of necessary City services or to safeguard life, property , or the public health and welfare, such purchases shall be made in accordance with Section 3-4.204. ATTACHMENT 11 10 (b) When only one known source of the goods, supplies, equipment, materials, or services is available. (c) When the City has a contract with another governmental agency to purchase a particular item or service on a cooperative basis. (d) When the City Manager determines that compliance with the above formal procurement procedures for the purchase of goods, supplies, equipment, materials or services cannot be achieved due to timing requirements, which could have not otherwise been avoided, the City may proceed with an informal solicitation of quotes from at least three vendors. A description of the circumstances, the quotes received, and the basis for vendor selection shall be approved by the City Manager. (e) The City Council may waive the requirement for competitive bidding for the purchase of goods, supplies, equipment, materials or services when compliance with such requirement is not in the best interest of the City, as determined by the City Council. Sec. 3-4.311. Inspections and testing. The Purchasing Officer or originating department shall inspect goods, supplies, equipment, materials and related services to determine their conformance with the specifications set forth in the purchase order or contract. The Purchasing Officer or originating department shall have the right to waive any defect, irregularity, or informality. The Purchasing Officer or originating department shall have the authority to require chemical and physical demonstrative testing of samples submitted with bids and samples of deliverables which are necessary to determine their quality, fitness for a particular use and conformance with specifications. Article 4. Miscellaneous Procedures Sec. 3-4.401. Surplus supplies and equipment. All departments shall submit to the Purchasing Officer, at least annually, a report describing all goods, supplies, equipment, materials, fixtures and other personal property of the City which is determined to be no longer required by the department because of decreased use, poor condition, damage not worth the cost of repair, or which has become obsolete. (a) The Purchasing Officer, with the approval of the City Manager, is authorized from time to time to sell or exchange any and all goods , supplies, equipment, materials, fixtures, and other personal property of the City having a salvage value and which is obsolete or unserviceable, or is deemed to be surplus for which replacements are to be purchased. The Purchasing Officer may sell the same for the best price obtainable in the open market, or, when it is deemed advisable, to the highest bidder at a public sale, or the Purchasing Officer may exchange the same for other property or for credit on other property. (b) If the Purchasing Officer determines that any such obsolete, unserviceable, or surplus property has no salvage value, it may be disposed of in any acceptable manner. (c) All sales shall be "as is" and "where is" with no warranty, guarantee or representation of any kind, express or implied, as to the condition, utility or usability of the property. All sales shall be paid to the City in cash, certified check, money order, or in a manner agreeable to the Purchasing Officer. ATTACHMENT 11 11 (d) The Purchasing Officer shall be authorized, with the approval of the City Manager, to sign bills of sale and any other documents evidencing the transfer of title to such property by and on behalf of the City. (e) Prior to disposing of any obsolete, unserviceable or surplus property having an estimated market value in excess of one thousand dollars ($1,000.00), the Purchasing Officer shall inform the City Council of the nature of the property proposed for disposition and the proposed sales price. Such disposition shall be subject to the City Council's prior approval. (f) The Purchasing Officer may prescribe additional policies and procedures for the identification and disposition of surplus property as the Purchasing Officer deems necessary. Sec. 3-4.402. Recycled products. A five percent (5%) or greater price preference may be given to recycled products or reusable products offered as alternatives to disposable products, and products designed to be recycled where they are offered as alternatives to nonrecyclable products. The preference percentage shall be based on the lowest bid or price quoted by the supplier or suppliers offering nonrecycled products. Purchase of products which cannot be recycled or reused is strongly discouraged. Sec. 3-4.501. Public works projects. (a) Public works projects, as defined in Public Contract Code Section 22002, of sixty thousand dollars ($60,000.00) or less may be performed by employees of the City by force account, by negotiated contract or by purchase order. (b) Public works projects, as defined in Public Contract Code Section 22002, of two hundred thousand dollars ($200,000.00) or less may be awarded by Informal bid process as described above (including, without limitation, as provided in subdivision (a) of this section 3-4.501 ), and consistent with Public Contract Code Section 22030 et seq. (c) Public works projects, as defined in Public Contract Code Section 22002, of more than two hundred thousand dollars ($200,000.00) shall be awarded by formal bidding process as described above, and consistent with Public Contract Code Section 22030 et seq." ATTACHMENT 11 12 CITY OF SAN JUAN CAPISTRANO 2 CITY COUNCIL POLICY 126 3 (Me~GGteeer ~6 . 20 12Rev ised June 4. 20 19 ) 4 5 6 SUBJECT: PURCHASING POLICES AND PROCEDURES 7 Effective: Qeseffibor 13, 2012August 2 , 20'19 8 Policy Number: City Council Policy No . ~xxx . replacing previous Ci ty Counc il Policy 9 No. 126 . City Council Policy No. 112 and Administrative Policies 504, 507, and 510 10 11 Contents 12 SECTION I -GENERAL INFORMATION ....................................................................... 3 13 A. Glossary of Terms -The words defined in this Section shall have the meaning 14 set forth below whenever they appear in this Policy: ............................................ 3 15 B. Purpose and Goals ............................................................................................... 7 16 C. Roles and Responsibilities ................................................................................... 7 17 D. Purchasing Cycle .................................................................................................. 8 18 E. Purchase Orders .................................................................................................. 9 19 F . Signature Authorization within Departments ....................................................... 1 O 20 G. Ethics .................................................................................................................. 10 21 H. Emergency Purchases ....................................................................................... 12 22 I. Recycled Products .............................................................................................. 13 23 J. Energy Efficient Products ................................................................................... 15 24 K. Local Bidders ...................................................................................................... 15 25 SECTION II -MINOR PURCHASES ............................................................................ 16 26 A. Petty Cash .......................................................................................................... 16 27 B. Credit or Procurement Cards .............................................................................. 17 28 C . Check Requests ................................................................................................. 18 29 SECTION Ill -GOODS, SUPPLIES, EQUIPMENT, AND MATERIALS ........................ 18 30 SECTION IV -SERVICE CONTRACTS (PROFESSIONAL AND MAINTENANCE) .... 20 31 SECTION V -PUBLIC WORKS PROJECTS ............................................................... 24 32 SECTION VI -CHANGE ORDERS FOR PUBLIC WORKS PROJECTS .................... 29 33 SECTION VII -BIDDING PROCEDURES .................................................................... 30 34 A. Introduction to Bidding Procedures ..................................................................... 30 35 Overview ............................................................................................................ 30 36 Documenting the Bid Process ............................................................................ 30 864426, I ATTACHMENT 12 37 B . Qualified Bidder List ........................................................................................... 31 38 C. Informal Solicitation of Qualifications (SOQ) ...................................................... 33 39 D. Lowest Responsible (Responsive and Qualified) Bidder .................................... 33 40 E . Informal Quotes .................................................................................................. 34 41 F. Formal Request for Proposal or Request for Qualifications (RFP/RFQ) ............. 35 42 G. Informal Bid Process .......................................................................................... 39 43 H. Formal Bid Process ............................................................................................ 39 44 I. Exceptions to Competitive Bidding Requirements .............................................. 42 45 SECTION VIII -FEDERAL PROCUREMENT .............................................................. 44 46 47 48 . SECTION IV.\AJ..1.-DISPOSITION OF SURPLUS PROPERTY/CAPITAL ASSETS (OTHER THAN REAL PROPERTY) .............................................................................. 44 49 APF'ENDIX A -PURCHASING AUTHORITIES ............................................................ 52 50 Uniform Public Construction Cost Accounting Resolution 06-09-19-04 approved 51 September 19, 2006 ............................... ~ .......................................................... 52 52 53 864426.1 2 Formatted: Font: (Default) Times New Roman, 12 pt, Ch spelling and grammar Formatted: Normal ATTACHMENT 12 54 SECTION I -GENERAL INFORMATION 55 56 A. Glossary of Terms -The words defined in this Section shall have the meaning set 57 forth below whenever they appear in this Policy: 58 59 Amendment shall mean a property executed written Contract entered into and 60 between the City and a Contractor covering modifications to the original Contract and 61 which may result in adjustments to provisions of the Contract, including, but not limited 62 to, terms, compensation, and/or period of performance . 63 64 Bid Recap Form shall mean the form required by the Finance Department to initiate 65 Purchase Orders that exceed certain dollar thresholds, and which is used to 66 demonstrate that the Procurement is carried out in a manner that is consistent with 67 this Policy. 68 69 Budgeted shall mean the amount of appropriations within a fund adopted for 70 expenditure by the City Council. 71 72 CalCard (Cred it Card) shall mean the City issued credit cards provided as a method 73 to procure budgeted low value items, typically up to $500, similar to the process for a 74 check request or petty cash reimbursement. 75 76 Change Order shall mean a properly executed written order entered into and 77 between the City and the Contractor, or unilaterally issued by the City, covering 78 modifications to the Contract, which may result in changes to the scope of work, 79 contract amount, requirements, and/or period of performance . 80 81 Check Request shall mean a request for a check issuance for purchases of J 82 $3;{}0010,000 or less, or where a Purchase Order would not be expedient. 83 84 Chief Financial Officer shall mean the Department Head for the Finance 85 Department, or his or her designee. 86 87 City Manager shall mean the City Manager of San Juan Capistrano, or his or her 88 designee. 89 90 Contract shall mean any type of agreement for the purchase of goods and/or 91 services. Contracts may be referred to in various ways, including "contract," 92 "agreement," purchase order" and "task order." 93 94 Contract Transmittal Form shall mean a form containing a checklist of all 95 required documentation for the procurement of Goods, Supplies, Equipment, and 96 Materials or Service Contracts. 97 98 Contractor shall mean any person or entity that has a contract with the City . 99 100 3 864426.1 ATTACHMENT 12 IOI Department Head shall mean the person tasked with the responsibility for the day- 102 to-day operation of a department, including managing staff and developing plans in I 03 collaboration with the City Manager for the future of the organization, or his or her 104 designee. 105 106 Emergency shall mean a sudden, unexpected occurrence that poses a clear and 107 imminent danger, requiring immediate action to prevent or mitigate the loss or 108 impairment of life, health, property, or essential public services. 109 11 O Emergency Purchase Authorization Form shall mean the form required for a 111 Department Head to declare the need for an Emergency purchase. 112 113 Encumbrance shall mean the estimated amount set aside from the budget for a 114 particular Procurement. 115 116 Fee Recovery Vendors shall mean vendors on the Qualified Bidders list retained for 117 development projects, and who are paid by developers (examples: outside EIR, plan 118 check review). 119 120 Finance Department shall mean the department so designated by the City Manager 121 to be responsible for the day-to-day administration of the City's purchasing policies 122 and procurement procedures. 123 124 Formal Bid Process shall mean the public bidding process used for purchases of 125 goods, supplies, equipment, materials or services. The process requires a public 126 notice inviting bids, availability of specifications, bid opening, determination of lowest 127 responsive and responsible bidder, awarding of the bid, and public access to the 128 results of the process. 129 130 Formal Request for Proposal (RFP)/ Request for Qualification (RFQ) shall mean 131 a selection process designed to ensure that the City has engaged the most qualified 132 consultant available for the services to be provided. 133 134 Goods. Supplies. Equipment and Materials shall mean fixed, movable, disposable, 135 and/or reusable products, commodities, or items used by the City, including, but not 136 limited to, office supplies, program supplies, subscriptions, vehicles, fuel and vehicle 137 supplies, tools, computers, computer hardware and software, landscape and irrigation 138 supplies, power tools, janitorial supplies, office furniture, and fixtures, which shall be 139 furnished to or used by any department. 140 141 Informal Bid Process shall mean a bidding process used, when applicable, for 142 purchases of goods, supplies, equipment, materials or services. The process 143 requires a notice inviting informal bids, which shall be mailed to contractors on the 144 Qualified Bidders List and, where applicable, advertised in designated construction 145 trade journals, availability of project details, bid opening, determination of successful 146 bidder, and awarding of the contract. 147 4 864426 .1 ATTACHMENT 12 148 Informal Quote shall mean a selection process used to assure the most competitive 149 price is received for an item, while avoiding the additional time and expense involved 150 in formal bidding. 151 152 Informal Solicitation of Qualifications (SQQ) shall mean the process that 153 establishes criteria for evaluating firms that request placement on the City's Qualified 154 Bidders List. 155 156 Maintenance Services shall mean the furnishing of labor, time, or effort by a 157 contractor including, but not limited to (a) routine, recurring, and usual work for the 158 preservation or protection of a publicly-owned, or publicly-operated facility for intended 159 purposes; (b) minor repainting; (c) resurfacing of streets and highways at less than 160 one inch (1"); (d) landscape maintenance , including mowing, watering, trimming, 161 pruning, planting, replacement of plants, and servicing of irrigation and sprinkler 162 systems; and (e) work performed to keep, operate and maintain publicly-owned water 163 or waste disposal systems. 164 165 New Vendor Application Form shall mean a form required of all new vendors that 166 provides pertinent information, including information for the issuance of a federal W9 167 Request for Taxpayer Identification Number and Certification form . 168 169 Non -Fee Recovery Vendors shall mean vendors on the Qualified Bidders List that 170 have no offsetting revenue from developers. 171 172 Originati ng Department shall mean any department requmng goods, supplies , 173 equipment, materials, services, and/or construction procured. 174 175 Petty Cash shall mean a cash di~bursement for authorized expenses up to a 176 maximum of $50.00 for such items as emergency supplies and tools not readily 177 available, or an approved meeting attendance. 178 179 Procurement shall mean the buying, purchasing, renting, leasing, or otherwise 180 acquiring of any goods, supplies, equipment, materials, services, and Public Works 181 projects. Procurement shall also include all functions that pertain to the obtaining of 182 any goods, services, or construction, including description of requirements, election 183 and solicitation of sources, preparation and award of contract, and all phases of 184 contract administration. 185 186 Professional Services shall mean those services provided by any specially trained, 187 educated, experienced or licensed person, company, corporation, or firm, and which 188 involve the exercise of discretion and independent judgment together with an 189 advanced or specialized knowledge, expertise, training, or unique skills gained by 190 formal studies or experience. 191 192 Professional Services Agreements (PSA) shall mean Contracts negotiated for 193 professional services, which are based on demonstrated competence, and 194 professional qualifications for the services required . 195 5 864426 , I ATTACHMENT 12 196 Public Works Projects shall mean construction, reconstruction, erection, alteration, 197 renovation, improvement, demolition, and repair work involving any facility owned, 198 leased, or operated by the City as defined in California Public Contract Code section 199 22002 , or as subsequently amended . The definition also includes painting/ repainting, 200 plumbing , electrical wiring, and/or other trade work for any facility owned , leased or 201 operated by the City. Construction, erection, improvement, or repair of dams, 202 reservoirs, and electrical transmission lines of230,000 volts and higherthat are owned 203 by the City, are also considered a Public Works project. 204 205 Purchase Order (PO) shall mean a commercial document issued by a buyer to a 206 seller, indicating types, quantities, and agreed prices for products or services the 207 seller will provide to the buyer. 208 209 Qualified Bidders List shall mean one list for ongoing service requirements for the 210 same or very similar services, including maintenance services, professional services, 211 and qualified construction contractors , categorized by the type of product sold or work 212 performed for use in soliciting bids. 213 214 Request for Purchase Order Modification CPOM) Form shall mean a form that is 215 transmitted to the Finance Department to request a change in the amount 216 encumbered for a Purchase Order. 217 218 Requisition shall mean a document making a demand for goods, supplies, 219 equipment, and materials and quoting proper authority for the demand, funds, delivery 220 date, quantities, etc. 221 222 Responsible Bidder shall mean a bidder who has demonstrated the attribute of 223 trustworthiness , as well as quality , fitness, capacity, and experience to satisfactorily 224 perform the work proposed. 225 226 Responsive Bidder shall mean a bidder who has submitted a bid which conforms in 227 all material respects to the Notice Inviting Bids. 228 229 Sole Source shall mean an award for a commodity or service that can feasibly be 230 obtained from one source only . 231 232 Surplus Property means property, other than real property, no longer needed by City 233 departments for its operations, obsolete property, property in poor or non-working 234 condition, or property that is a by-product (i.e ., scrap metal , used tires , oil , etc.). 235 236 Un iform Public Constr ucti on Cost Accounting (UPCCA) shall mean the provisions 237 of the Public Contracts Code Sections 22010 through 22045 (PCC 22010-22045), and 238 any subsequent amendments. 239 6 864426 I ATTACHMENT 12 240 B. Purpose and Goals ~41 This AemiAistra live-Purchasin g Policy ("Policy") sets forth a centralized system and 242 outlines the authorities and responsibilities of the Purchasing Officer or the designee to 243 negotiate or contract for professional and maintenance services, Public Works projects 244 and to purchase goods, supplies, equipment, and materials required by City departments. 245 When authorized to procure materials or professional or maintenance services, all City 246 employees shall follow this Policy to correctly and ethically process procurement and 247 ensure the efficient use of public funds. Funds for Capital Improvement projects (CIP) 248 are processed and administered by various City departments, each of which shall 249 follow applicable state and federal guidelines in the procurement of contracts and 50 Public Works projects. Di rect pa ym ent by an insurer to a ven dor s ha ll be sub ject to 51 th e req ui re me nts of sa id Ins urer and Is not an ex pen diture of City reso urces sub jec t to 52 th e requ irements of this poli cy an d not re co r ded as such in the C ity 's accou ntin g 53 records or i n the City's fi na ncia l state ment s. In accordance w jth governme nt 54 acco untin g sta ndard s. City e xpe nd itures are reco rded net of insurance reco very wh e n 55 th e insu rance recove ry occu rs in the sa me yea r as lhe insu red loss. 256 257 The guiding principles of those involved in the purchasing function should be: 258 259 • To comply with State law, the City's Municipal Code, and the adopted budget 260 for all purchases and contracts. 261 • To procure the goods, supplies, equipment, materials and services needed by 262 the departments at the lowest possible cost, taking into consideration quality , 263 service levels, and time constraints. 264 • To act in a professional and ethical manner. 265 C. Roles and Responsibilities 266 267 Procuring Department Responsibilities 268 • To anticipate requirements sufficiently in advance to allow adequate time to 269 obtain goods and services in accordance with best purchasing practices. 270 • To not split orders for the purpose of avoiding purchasing requirements. 271 • To provide detailed, accurate specifications to ensure goods and services 272 obtained are consistent with requirements and expectations. 273 • To prepare requisitions in accordance with instructions so as to minimize the 274 processing effort. 275 • To minimize emergency and sole source purchases and to provide written 276 documentation when such purchases may be necessary. 277 • To complete the Contract Transmittal Form to ensure that a vendor complies 278 with all contract requirements (insurance certificates, business license, etc.) - 279 See Contract Transmittal Form in Appendix B. 280 • To consider the use of recycled products when it is practical and economically 281 feasible. 282 7 864426 .1 ATTACHMENT 12 283 Finance Department Responsibilities 284 Pursuant to the City Municipal Code, the City Manager, or the City Manager's designee, 285 shall serve as the Purchasing Officer. The City Manager has designated the Chief 286 Financial Officer to serve as the Purchasing Officer. 287 The Finance Department has overall responsibility for the procurement of business service 288 supplies, the administration of the purchasing policies, and the management of surplus 289 City property, not including real property. Other purchasing responsibilities are: 290 291 • To ensure full and open competition on all purchases as required by this Policy . 292 • To coordinate vendor relations, locate sources of supply and evaluate vendor 293 performance. 294 • To recommend revisions to purchasing procedures when necessary and keep 295 informed of current developments in the field of public purchasing. 296 • To prescribe and maintain all forms and records necessary for the efficient 297 operation of the purchasing function. 298 • To act as the City's agent in the transfer and disposal of surplus equipment and 299 materials. 300 D. Purchasing Cycle 301 The purchasing cycle establishes the proper steps for City staff to follow when 302 requisitioning goods, supplies , materials and equipment; Public Works projects ; and/or 303 professional and maintenance service contracts. 304 The Budget 305 The first step in the purchasing cycle is the approval of the City's budget. The approved 306 budget provides authorization to the City Manager and designees to purchase the goods, 307 supplies , equipment, materials , and services listed in the line item budget document. 308 Such purchases are subject to additional rules, as set forth herein , including approval 309 limitations based on dollar amounts by Department Heads, the City Manager, or City 31 O Council , and/or informal and formal bidding requirements. 311 Method of Procurement 312 As the second step, the department will choose the method of procurement according to 313 the type of purchase, the dollar value of purchase , and the standards set forth in this 314 Policy. The different standards for procurement are set forth under the sections of this 315 Policy entitled "petty cash", "credit card", "check requests", "purchase orders", "goods, 316 supplies, equipment, and materials", "service contracts", and "Public Works projects ." 317 3 18 Receiving and Acceptance 3 19 The receiving and acceptance functions represent the final phase in completing the 320 purchasing cycle. At this point, the product or service is either accepted or rejected, based 321 on the quantity, quality, and/or delivery compliance of the item(s). After this phase, 322 payment authorization can proceed. 323 8 864426 , I ATTACHMENT 12 324 E. Purchase Orders 325 The purchase order (PO) is the primary and preferable procurement method and 326 serves as the main source of encumbering and procuring goods and services. 327 Exceptions to this rule include purchases of services, goods , supplies , equipment 328 and materials of $50.00 or less with petty cash (see Section II, Paragraph A below), 329 credit card (see Section II, Paragraph B below), and emergencies (see Section I, 330 Paragraph G below). Important to the procurement process is the system of 331 encumbrance accounting, which helps departments control spending on amounts 332 committed prior to the actual invoicing and payment of services. A verbal 333 commitment with a vendor and purchasing without a PO is not an acceptable 334 practice, and such transactions are voidable. 335 336 337 338 339 340 341 ~:; ~44 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 ~~~ ~69 Generally, procurement of goods and services will require a standard City agreement, which can be found on the City's Intranet. Each agreement must be approved as to form by the City Attorney's Office . The PO is used to communicate to a vendor the City's terms and conditions, authorize an encumbrance of City funds, and serve as a contractual agreement to order goods and services. The PO is used to process payment and track expenditures in the financial system. A PO shall be obtained and funds encumbered for all purchases and contracts for services, goods, supplies, equipment and materials exceeding $a,-00010.000 . Use of purchase orders is recommended for amounts smaller th an $10.000 so th at information rega rdi ng avai lab le funds is properly reported by the City's acco unti ng system . -Purchases of the same or related items in a manner that evades or appears to evade limitations of a predefined limit such as a procurement card purchase limit, signature limit, or bid limit, and the intentional splitting of a purchase into two or more smaller orders for the purpose of evading a provision of this Policy or bidding requirement are strictly prohibited. For a PO to be issued, the requestor shall first submit a copy of the Contract Transmittal Form with attachments and purchase requisition to the City Clerk. The requisition must be signed by the Department Head and Project Manager to acknowledge the purchase. Change Orders/Modifications to an Original Purchase Order 1. Change order/modification approvals to a PO are to be authorized by the designated signature authority as defined in this Policy . 6-The amount to be approved is not a single change order, but rather, the cumulative total of the original PO plus all subsequent change orders, which shall be authorized by the designated signature authority as defined in this Policy. A change order request must show all subsequent amounts approved on the Purchase Order Modification Form (see Appendix B), the change order amount requested and the cumulative total. 9 864426 I Formatted: Font: (Default) Arial, Expanded by 0.2 pt Formatted: Numbered + Level: 1 + Numbering Style: 1, 3, ... + Start at: 1 + Alignment: Left + Aligned at: O" + Indent at: 0.25" Formatted: Normal, Indent: Left: O" ATTACHMENT 12 r70 371 F. Signature Authorization within Departments 372 373 1. Each Department Head shall complete and forward to the Finance Department a 374 Signature Authorization form, identifying those employees approved by the 375 Department Head to sign off on various financial and other administrative 376 documents. The form shall be developed by the Finance Department and updated 377 annually, 378 379 2. The form shall identify specific Departments, Divisions or Projects, the employee's 380 name and signature and list specific documents each employee is authorized to 381 sign. It is the Department Head's responsibility to keep the information current. 382 383 3. Any documents missing the appropriate signature(s) will be returned to the 384 originating department. 385 386 4. Only Regular or Probationary City employees are authorized to sign off on 387 documents obligating the City to expend public monies. Temporary or Volunteer 388 employees, or individuals under contract with the City, may be able to acquire 389 items but any receipts must be countersigned by an authorized employee. 390 391 5. The number of authorized signatures should be kept to a minimum, to ensure 392 better control over departmental appropriations. In no event shall procurements 393 over $10,000 be approved by an employee other than the Department Head or 394 Acting Department Head. 395 396 G. Ethics 397 The purpose of this section is to provide a general code of conduct for all personnel who 398 may be engaged in the City's purchasing function. It is essential that all personnel 399 involved in the procurement process conduct themselves in a manner that maintains 400 impartiality and complete objectivity, to meet the continuing scrutiny of suppliers and the 401 public. In dealings with the business community, it is necessary to exercise a strict rule of 402 professional conduct to ensure that business relations are not compromised or even have 403 the appearance of being compromised. The City's reputation for fairness and integrity in 404 dealing with vendors and others must always be maintained. 405 The following are the City's standards in ethics for purchasing: 406 • To buy on the basis of value, recognizing that value represents a combination 407 of quality, service and price which assures the greatest economy to the City. 408 • To recognize that permanent business relationships should be established on 409 the basis of honesty and fair dealings. 41 o • To be courteous and considerate in all City dealings. 411 • To be prompt in all appointments and to negotiate with reasonable speed. 412 • To avoid statements that might injure or discredit legitimate vendors and to 10 864426.1 ATTACHMENT 12 413 avoid disclosure of confidential information that might give an unfair advantage 414 in a competitive business transaction. 415 416 • To recognize that character is an important asset in commerce and should be given major consideration in the selection of sources of goods or services. • To adjust claims and settle disputes on the basis of facts and fairness. 417 ~18 419 420 421 422 423 424 • To decline politely any gratuity, rebates, kickbacks, accommodation, or other unlawful consideration from any one supplier, vendor, or firm with whom the City is currently doing or could potentially do business. (See also the Fair Political Practices Commission guidelines in this policy.) All decisions and actions regarding procurement should be based upon proper business considerations, and purchasing decisions should not be influenced in any way by personal obligations. 425 !_TO avoid the appearance of impropriety by declining to participate in the 426 selection process when there is a personal relationship with a person or 427 business entity seeking a contract with the City or where there is a personal ~28 financial interest in the purchase or contract. 429 • 430 Fair Political Practices Commission (FPPC) Gift Disclosures and Prohibitions 431 The purpose of this section is to highlight FPPC regulations regarding gifts for all 432 personnel who may be engaged in the City's purchasing function, hold the office of a public 433 official or designated in the City's conflict of interest code. It is essential that all personnel 434 involved in dealings with the business community exercise a strict rule of professional 435 conduct and abide by FPPC regulations when offered a "gift." 436 Per the FPPC manual, a "gift" is any payment or other benefit provided to you that confers 437 a personal benefit for which you do not provide goods or services of equal or greater 438 value. A gift includes a rebate or discount in the price of anything of value unless the 439 rebate or discount is made in the regular course of business to members of the public 440 (Government Code Section 82028). 441 Except as discussed below, you have "received" or "accepted" a gift when you know that 442 you have actual possession of the gift or when you take any action exercising direction or 443 control over the gift, including discarding the gift or turning it over to another person (FPPC 444 Regulation 18941 ). 445 This overview of the Fair Political Practices Commission highlights provisions of the 446 California Political Reform Act; however, you should not rely on this alone to ensure 44 7 compliance with the Act. If you have questions, consult the Act and FPPC Regulations, the 448 City Clerk or legal counsel, or call the FPPC's toll-free help line at 1-866-275-3772. Other 449 regulations and important information can be found at the FPPC website, 450 www.fppc .ca .gov. 451 452 Handbooks prepared by the California Fair Political Practices Commission can also be 453 downloaded from the FPPC website. The manuals used in the preparation of this 454 overview are: 11 864426 I ( Formatted: Right: 0.25" ATTACHMENT 12 455 456 • Your Duty to File: http://www.fppc.ca.gov/l ibrary/seibook9-04 .pd f 457 • The Limitations and Restrictions on Gifts, Honoraria, Travel 458 and Loans : http://www.fppc .ca .gov /factsheets/q iftlocal.pdf 459 • FPPC Form 700 : http://www.fppc.ca .gov/forms/700-06-07 /Form 700-06-07.pdf 460 City Gift Acceptance Policy 461 462 Per Administrative Policy 207, City employees shall not accept gifts from the public or 463 from private individuals with whom the City does business . It is the responsibility of the 464 employee to return any gift delivered to them and to notify the City Manager's Office of 465 such action. Acceptance of any unauthorized gift shall subject an employee to 466 disciplinary action. 467 46 8 This general prohibition does not include gifts such as cookies and candies as long as 469 such relatively inexpensive expressions of appreciation are placed on a public counter for 470 everyone to enjoy. The City Manager's Office shall be promptly notified so an appropriate 4 71 letter of thanks can be sent. 472 473 H. Emergency Purchases 474 475 The City Manager may authorize the purchase of goods, supplies, equipment, 476 materials, and services without following the standard purchasing procedures (i.e . 477 competitive bidding) where he or she deems that an emergency exists and the public 47 8 health, safety or welfare of the community would be affected . All emergency purchases 479 that would otherwise require City Council approval must be submitted to the City 4 80 Council for ratification at the next regular City Council meeting after the purchase is 4 8 1 authorized . The City Manager must declare the need for an emergency purchase 4 82 using the Emergency Purchase Authorization form. This form can be found on the 4 83 City 's Intranet and is included in the Appendix. The originator of the form should 4 84 describe the emergency, including its location, in the sections provided. The estimated 4 85 cost of the goods, supplies, equipment, materials, and/or services should be provided, 486 as well as the selected vendors based on the estimated costs given. If applicable, the 4 87 City Manager should also indicate on the Emergency Purchase Authorization form, 48 8 the date of the next City Council meeting at which time the emergency purchase can 4 89 be ratified . 49 0 491 After the Department Head of the originating department signs the form, the 49 2 Department Head will select the vendors to complete the necessary work . If time 493 permits and the duration of the work shall last longer than seven days , the originating 494 department will prepare two original contracts and obtain the selected vendor's 495 signatures. If time is of the essence, then a signed proposal is sufficient to submit for 496 City Council ratification, if City Council ratification is required as provided below. The 497 Department Head then submits the required requisitions, Emergency Purchase 49 8 Authorization form with the Department Head's signature, and the completed 499 contracts, if applicable, to the Finance Department. The Department Head shall issue 500 the notice to proceed for work up to a known or estimated amount that does not exceed 12 864426.1 ATTACHMENT 12 501 $25,000. The City Manager shall issue the notice to proceed for work up to a known 502 or estimated amount that exceeds $25,000. As emergency purchases are exempted 503 from competitive bidding, no Bid Recap form is required. The Finance Department will 504 print the PO and mail it along with one original contract to the vendor. 505 506 If the emergency purchase would have otherwise required formal or informal bidding 507 procedures, irrespective of the dollar thresholds below, the originating department 508 must obtain City Council ratification of the purchase at the next regularly scheduled 509 meeting. The originating department will prepare the Agenda Report requesting City 51 O Council ratification and attach a copy of the Emergency Purchase Authorization form. 511 The originating department should retain a copy of the Emergency Purchase 512 Authorization form for its records. For Public Works projects, the originating 513 department shall comply with the requirements set forth in Section 22050 of the Public 514 Contracts Code. 515 I. Recycled Products 516 517 Solid waste management poses an increasingly difficult problem as America's 518 consumption increases and landfill space becomes scarce . As part of an effort to address 519 this issue, the City of San Juan Capistrano has developed a recycling program, both for 520 City residents, businesses, and for City employees. It is the intent of the City Council that 521 the City of San Juan Capistrano takes a leadership role not only in recycling its waste 522 products but in the purchase of recycled products for use in the delivery of City services . 523 It is the purpose of this policy to provide direction in the procurement and use of recycled 524 products. 525 526 Policy 527 528 1. It is the policy of the City of San Juan Capistrano to purchase and use recycled 529 products whenever possible to the extent that such use does not negatively impact 530 health, safety, or operational efficiency. 531 2 . Purchase of products which cannot be recycled or reused is strongly discouraged. 532 3. Recycled paper shall be purchased and used in all copy machines which will accept 533 it, and shall also be used for printing purposes. City staff will encourage the copier 534 industry to develop high -speed copiers which will accept recycled paper. 535 4. City departments and divisions shall use for their stationery and envelopes, recycled 536 paper which includes both secondary and post-consumer recycled content. The 537 percentages of post-consumer and secondary content shall be spelled out in the bid 538 specifications for letterhead and other paper grades based on industry availability. A 539 recycled paper designation shall be printed on all City stationery. 540 5. City departments shall examine their purchasing specifications and, where feasible, 541 restructure them to require the use of products which incorporate recycled materials 542 in their manufacture. 543 6. A five (5%) or greater price preference shall be given to recycled products, reusable 544 products offered as alternatives to disposable products , and products designed to be 13 864426.1 ATTACHMENT 12 545 recycled where they are offered as alternatives to non-recyclable products . Purchase 546 of products which cannot be recycled or reused is strongly discouraged . (See 547 Municipal Code Section 3-4.403. Recycled Products). The preference percentage 548 shall be based on the lowest bid or price quoted by the supplier or suppliers offering 549 non-recycled products. 550 The City shall cooperate with the County of Orange , Orange County cities, and other 551 governmental agencies in the development of programs and procedures which will further 552 this policy. 553 554 Recycled Products Definitions 555 556 Recycled material is waste and by-products that have been recovered or diverted 557 from the solid waste stream and that can be utilized in place of raw material in the 558 manufacturing of a product. Recycled materials may consist of materials derived 559 from post-consumer waste, manufacturing waste, industrial scrap, agricultural waste 560 and other items, all of which can be used in the manufacture of new products. 561 562 Pre-consumer material or by-products are generated after the manufacture of a 563 product is completed , but before the product has reached the end-use consumer. 564 Examples of pre-consumer recovered materials include obsolete inventories of 565 finished goods, rejected unused stock, and paper wastes generated during printing, 566 cutting and other converting operations. 567 568 Post-consumer recycled materials are finished products that have served the 569 intended use and would normally be disposed of as solid waste . Examples of post- 570 consumer recovered materials include old newspapers, office paper, yard waste, 571 steel, glass, aluminum cans, plastic bottles, oil, asphalt, concrete and tires. 572 573 Criteria for Selecting Recycled Materials for Purchase 574 575 If a decision has been made to purchase recycled materials , the recommended 576 products should contain, in order of preference, the highest percentage of recycled 577 content of post-consumer recovered material available in the marketplace. 578 579 Recycled products should also be expected to perform as well as non-recycled 580 products, to be purchased at a reasonable price and to be available within a 581 reasonable time period . In addition to the recovered material content of a product, 582 important criteria in selecting products should also be the ability of the product and 583 its packaging to be reused, reconditioned for use or recycled through existing 584 recycled collection programs. Preferred products and packaging are those designed 585 to minimize waste and toxic by-products in their manufacture, use, and disposal. 586 587 Purchase of Recycled Products 588 589 Whenever printed recycled paper products are purchased, the standard phrase 590 "Printed on Recycled Paper'' and/or the standard recycle logo should be included on 591 the printed product , thereby promoting the use of post-consumer content. 14 864426 I ATTACHMENT 12 592 J. Energy Efficient Products 593 594 The City of San Juan Capistrano endeavors to purchase durable, low maintenance 595 energy-efficient equipment and products to reduce greenhouse gas emissions and to 596 lower the City 's cost of electricity consumption. 597 Policy 598 1. All Departments are encouraged to purchase energy-consuming equipment that 599 meets either Energy Star specifications or achieve performance in the upper 25% 600 of energy-efficiency, based on criteria established by the U.S. Department of. 601 Energy. Specific "Energy Star" labeled products are identified on the following 602 website: www.ene rg ystar.g ov. These products must also meet user requirements 603 for quality, performance, and durability. 604 2. The equipment categories covered under this policy include, but are not limited to: 605 • Office equipment, heating and cooling equipment 606 • Exit signs 607 • Lighting 608 • Appliances 609 • Other commercial products that consume electricity 610 611 J.,-2~.,__~~~~~~~~~~~~~~~~~~~~~~~~~~~ 612 n addition, employees will use appliances and equipment in a manner that 613 optimizes their energy efficiency features by following manufacturer's instructions. 614 To accomplish this policy, City employees will be educated about the economic 615 savings and environmental benefits of Energy Star compliant equipment, as well 616 as other practices that minim ize energy use. 617 618 K. Local Bidders 619 620 It is the intent of the City Council to encourage uniform bidd ing to obtain full and open 621 market competition. However, the City Council also recognizes that promoting the 622 economic viability of the City's local businesses is critical to economic health of the city in 623 that local businesses provide tax revenue to the city and jobs for local inhabitants. In an 624 effort to support competitive bidding and the City's local vendors, staff is encouraged to 625 obtain bids from local qualified vendors whenever possible. 626 627 L. New Vendor Procedure 628 629 The Finance Department requires every new vendor to complete a Business License 630 Application and W9 form . The Vendor Approval Application (see Appendix B) gives 631 the vendor the opportunity to give the City correct information such as address, 632 phone and fax numbers, Taxpayer Identification number, sales representative or 633 contact name and references . It also allows the vendor to indicate the specific 634 commodities on which they wish to bid. Should a department anticipate using a new 635 resource , the vendor should complete the Vendor Approval Application and the W9 636 form and forward to the Finance Department. The Vendor Approval Application Form 15 864426 ,1 ATTACHMENT 12 637 and the W9 Form are available from the Finance Department, or they can be 638 downloaded from the City of San Juan Capistrano's web site. Upon receiving the 639 completed forms, the Finance Department will set up the new vendor in the financial 640 system. 641 642 SECTION II -MINOR PURCHASES 643 Minor purchases do not require competitive bids . The value of a minor purchase is ~44 $:!,Q0010,000 or less. This value represents a one-time, per fiscal year purchase, or 645 the total value of multiple purchases of the same item or group of similar items 646 throughout the fiscal year. Minor Purchase Example : One Air Compressor@ $2,200 . 647 A minor purchase may be a single item or a group of like items that relate to one 648 another, e.g. sprinkler bodies and sprinkler heads, waterlines , backflow devices, 649 fencing, etc., or as otherwise determined by the Department Head . Agreements to 650 purchase, on an annual basis, (annual purchase order or other form of agreement) of 651 an item or group of items that relate to one another, fall into two categories: 652 • An annual fiscal year total value for the product or non-professional service of ~53 $:!,Q0010.000 or less will be considered a minor purchase. 654 • An annual fiscal year total value for the product or service exceeding ~55 $3-:Q0010.000 will require competitive quotes for award per this policy and are 656 not considered minor purchases. 657 A. Petty Cash 658 An employee may get reimbursed for authorized expenses up to a maximum of $50.00. 659 Eligible expenses are such items as emergency supplies and tools not readily available, 660 or an approved meeting attendance. Amounts of reimbursement will be charged to the 661 appropriate departmental account. Departments shall make deliberate effort to use City 662 issued credit cards where possible in order to minimize petty cash disbursements. 663 664 Procedure for Petty Cash Reimbursement 665 666 1. Upon purchase of an item, a receipt should be retained by the employee . 667 668 2. A Petty Cash Request form (form available from the Finance Department) should be 669 filled out by the employee specifying : 670 671 • Name of employee 672 • Date of purchase 673 • Amount of reimbursement for the item purchased 674 • Account number to which the amount should be charged 675 • Purpose of the reimbursement 676 • Approval by the Department Head or their designee 677 678 Petty Cash Request forms may be obtained from the Finance Department. 679 16 864426 I ATTACHMENT 12 680 3 . Each department should designate in writing, in advance, one or more persons who 681 have authority to approve Petty Cash Requests . The Department Head or their 682 designee must sign approval of the Petty Cash Request form prior to submittal for 683 reimbursement. 684 685 4. The completed Petty Cash Request form and the receipt should be submitted to the 686 Cashier for prompt reimbursement. 687 688 5. Requests for reimbursement must be submitted within five (5) working days from the 689 date of purchase. 690 691 6. Mileage requests should be submitted monthly. 692 693 B. Credit or Procurement Cards 694 City issued credit or procurement cards are provided as a method of purchasing goods 695 similar to the process for a check request or petty cash reimbursement and are used to ~96 procure budgeted low value items~~ay-l:>e-useG-fef..Ri~l:lewal~e ~97 purcl:lases on an emergency or special circumstance basis only . The purchase order 698 (PO) is the primary and preferable procurement method and serves as the main source ~99 of encumbering and procuring services, goods and materials for purchases in excess 00 of $3 ,000and is recomme nded for all purchases . Gfedit card !*frcRasos in excess of 01 $3,GOO-wi~Re-s1:1bm i Ual o f...t-Ao E morgen~hase-Aut-Aef i~ation FeFRHe-t-Ao 02 Finance GopartA'lent (see /\ppond ix B ) iRH'flOdiatoly after tho purchase ta describe tho 03 natblFE> et the ornorgency or special olrc1:Jrnstance purchase . Credit card purchases may 704 include , but are not lim ited to, meals, meeting attendance, travel arrangements, etc. The 705 cardholder and cardholder's manager are responsible for proper use of the credit or 706 procurement card. The cardholder's manager is to designate original and subsequent 707 spending limits and types of authorized purchases . It is in the City's best interest to 70 8 pay the crediUprocurement card billing in a timely manner and avoid any interest 709 expense . When cardholders render a timely accounting of their purchases along with 710 the receipts, the matching of the itemized billing to the cardholder's records results in 711 a time-saving process . This can minimize the amount of time spent administering the 712 account. 713 1. Use of Credit and Procurement Cards 714 715 A Division Manager or Department Head shall determine which City staff members 716 shall be assigned credit or procurement cards. The credit and procurement cards may 717 only be used for budgeted City-related business expenses. Original and subsequent 71 8 single and monthly transaction limits are to be authorized by the cardholder's manager 719 and in no case shall exceed $5,000 unless authorized by the City Manager. Once 720 such cards are assigned, staff shall abide by the policy set forth herein. The Finance 721 Department policies and procedures shall be adhered to according to this policy. t722 These cards may only be used by the employees they are issued to. 723 724 2. Purchases of Services 725 17 864426 .l ATIACHMENT 12 726 727 728 729 730 731 732 733 734 735 736 737 738 ~~~ 41 42 743 744 745 746 747 748 749 750 751 752 753 t?54 t?55 756 757 758 759 760 761 762 763 764 765 766 767 768 769 Services are typically not to be paid for with a credit or procurement card. On-site services are not authorized to be ordered and paid for utilizing a credit card. Any variance from this rule must be in writing from the Chief Financial Officer. Offsite minor service purchases, such as printing, blade sharpening , picture framing, etc . are permitted as long as the vendor is legally established as an incorporated business entity. Non-Incorporated service vendors will require the use of a Purchase Order and it shall be the responsibility of the Finance Department to identify non- incorporated business entities. 3. Procedure for Payment of Credit or Procurement Cards a. Upon purchase of goods or services, a receipt will be retained by the employee detailing the goods and services purchased. b. +Re-Whe re not otherwise evident. the employee shall indicate on the receipt tt:ie f*lff)Ose of t~how the expenditure perta ins to bonafide City business ai:id i n the sase of meals , also incl1:1de a Elescriptie~&-Wsinoss funsij9A-Qoo the attendees . c. Each employee will receive a monthly credit card statement from the issuing bank and must approve the charges as well as attach the appropriate receipts and return it to the Finance Department within five working days. Goods or services ordered by phone may not have receipts but should provide a brief written explanation of the expenditure. d. Failure to provide receipts or other misuse of City credit cards can result in disciplinary actions as appropriate. C. Check Requests Check requests are generallymay be issued for purchases of $~10,000 or less, or where a PO would not be expedient. Check requests in excess of ~10 .000 are subject to approval by the City Manager. The Finance Department may issue "off-cycle" checks under circumstances where time is of the essence or for emergency purchases. As a general rule, departments are to plan their activities to preclude the necessity to request an "off-cycle" check. SECTION 111-GOODS, SUPPLIES, EQUIPMENT, AND MATERIALS "Goods, supplies, equipment and materials" means fixed, movable, disposable, and/or reusable products, commodities, or items used by the City, including, but not limited to, office supplies, program supplies, subscriptions, vehicles, fuel and vehicle supplies, tools, computers, computer hardware and software, landscape and irrigation supplies, power tools, janitorial supplies, office furniture, and fixtures, which shall be furnished to or used by any department. In instances where goods and services are purchased together from one vendor, this section shall only apply if the predominant portion of the purchase is goods. For example, a purchase of equipment for $1,000 with a $300 installation fee 18 86 44 26 I ATTACHMENT 12 770 would be covered under this section of the policy. A repair of equipment for $1,000 in 771 labor and $300 in parts would be covered under Section IV -Service Contracts. 772 773 Generally, authority is established by the dollar amount of the purchase . There are three 774 levels of authority for normal purchases: DepartmenUDivision/Project Manager Award, tns City Manager Award, and City Council Award. s+§-~ity is based on the tn6 WFA\:llati¥e-tetal-4-alkAaF1§6-0FdeFs-ph,.1s-U:ie-erigi nal-ceAtfacl-amooo . T he following 777 matrix provides purchasing procedures when purchasing goods, supplies, equipment and 77 8 materials. The department must state in the Bid Recap Form how the quotes obtained for 79 the supplies, equipment, and material substantially conform to the required specifications. 80 81 For Lh e thresho lds below . the term "contract" Is not limited to formal contracts and Includes 82 all procurement with a vendor for a given scope of work as defined by the procure ment 83 action . Work shall not be spilt in to separate procurement actions wi th the sole intent of 84 circumventing the thresholds below. However. simil ar work with the same vendor for 85 different projects may be considered separate procurement acts for the purposes of 86 applying the thre sholds be low . 87 88 For amendments to existing agreements. the thresholds below take into account the 89 cumulative total of all of the fo llowing : the orig inal amount of the agreement. all agreement 90 amendments/change orders to date , plus the ant icipated agreemenUchange order. 79 1 $3;-00010.000 or less • No bidding or quotes required . • Ne-Purchase Order is recommended . but not required. • Use petty cash up to $50 , and chock request or credit card tip to $3,000 . • Department Head or designee signs invoice and submits to the Finance Department. P1;1mnases o¥or ~ro'les original p1;1rohaso and $3,000 1;1p to c~rs up to a wrn1;1lati'10 ameuntof $10 ,000 . $10,000 ~low informaktuote procoduros (Seo SoclioR-¥-lh Paragraph E). • QapaFtl'Flon~ sole~ -GepaR-ment submi!e reeiuisilion with Department Ffeaa-signatu re anEi-biEi-Fecaf)-l~ACe Department. • Finance OopartFnont-f)Fints and mails-P-Hrchaso OmeF to-'10Ad0f: Purchases over • City Manager approves original purchase and change $10,000 up to orders up to a cumulative amount of $25,000. $25,000 • Follow informal quote procedures (See Section VII. Paragraph E). • Department selects vendor . • Department submits requisition with Department 19 864426, I [ Formatted Table ATTACHMENT 12 Head signature and bid recap to Finance Department. • Finance Department prints and mails Purchase Order to vendor. Purchases over • City Manager approves original purchase and change $25,000 up to orders up to a cumulative amount of $45,000. $45,000 • Follow Formal Request for Proposal bidding procedures (See Section VII. Paragraph F). • Department selects vendor . • Department submits requisition with Department Head signature and bid recap to Finance Department. • Finance Department prints and mails Purchase Order to vendor. Purchases over • City Council approves original purchase and change $45,000 orders that would result in cumulative value of Purchase Order (change orders plus original contract) to exceed $45,000 . • Follow Request for Proposal bidding procedures (See Section VII. Paragraph F). • Department prepares formal bid specifications . • Department prepares Agenda Report requesting City Council action. • City Council awards bid/contract. • Department prepares two contract documents and obtains vendor signatures. • Department prepares Contract Transmittal Form with attachments, purchase requisition and submits to the City Clerk. • City Clerk signs Contract Transmittal Form and forwards it along with requisition to Finance Department. • Finance Department prints and mails Purchase Order to vendor. 792 793 SECTION IV -SERVICE CONTRACTS (PROFESSIONAL AND MAINTENANCE) 794 795 Professional services include those services provided by any specially trained, educated , 796 experienced or licensed person, company, corporation, or firm, and which involve the 797 exercise of discretion and independent judgment together with an advanced or 798 specialized knowledge, expertise, training, or unique skills gained by formal studies or 799 experience. Contracts negotiated for professional services must be based on 800 demonstrated competence , professional qualifications for the services required, 801 availability, and fair and reasonable cost. Consultant services include services that are 20 8644 26 I ATTACHMENT 12 802 of an advisory nature, which involve the consultant providing a recommended course of 803 action based on Professional expertise, and results in an end product in the form of a 804 written transmittal of information. 805 806 Maintenance services include the furnishing of labor, time, or effort by a contractor 807 including , but not limited to (a} routine, recurring, and usual work for the preservation or 808 protection of a publicly-owned , or publicly-operated facility for intended purposes ; {b} 809 minor repainting ; {c) resurfacing of streets and highways; {d) landscape maintenance, 810 including mowing, watering, trimming, pruning, planting, replacement of plants , and 811 servicing of irrigation and sprinkler systems; and ( e) work performed to keep, operate and 812 maintain publicly-owned water or waste disposal systems. 813 814 For the purposes of this policy , professional and maintenance services contracts will 815 include , but not be limited to, a wide variety of expertise and specialized crafts. Examples 816 include : 817 818 Accounting 819 Affordable Housing 820 Alarm Systems 821 Auditing 822 Archaeology 823 Architecture* 824 Building/Engineering Plan Check/Inspection 825 Cable TV 826 Community Planning and Development 827 Computer Management 828 Cultural Resource Management (Archaeology, History) 829 Construction Management* 830 Document Processing Services 831 Engineering including Civil , Mechanical , Electrical, Structural, and Seismic* 832 Environmental {CEQA/NEPA services)* 833 Finance 834 Fleet Maintenance 835 Entertainment 836 Equipment Rental 837 Geotechnical 838 Ground Water Recovery 839 Human Resources 840 Information Technology 841 Inspection Services 842 Janitorial 843 Landscape Architecture/Arboriculture* 844 Legal Consultants 845 Mapping, Maintenance and Refurbishing of Public Facilities and Lands 846 Material testing and laboratory work 847 Payroll 848 Pest Control 849 Sound {Noise) Attenuation 21 864426 I ATIACHMENT 12 850 Security 851 Surveying* 852 Technical Assistance 853 Traffic and Related Equipment and Service 854 Uniforms 855 Any other professional service as deemed appropriate by the City Manager. 856 857 858 859 860 861 862 863 864 865 ~66 867 868 ~69 ~70 871 872 73 74 75 76 77 78 79 80 81 82 83 84 885 886 I I * Subject to heightened approval requirement under Government Code Section 4526 . The City cannot award contracts for these specialized services unless the award is based on the "demonstrated competence and qualification for these type of services at fair and reasonable prices." When contracting for professional services, the formal Request for Proposals or Request for Qualifications (RFP/RFQ) procedures (see Section VI., Paragraph F) as specified in Section VI., Paragraph F of this Policy shall be utilized where applicable and to the maximum extent possible, as time and circumstance allow. The RFP/RFQ procedure is required for all Professional and Maintenance service contracts over $25,000 (See Exceptions to Competitive Bidding Requirements in Section..Y..!! VI., Paragrapl:i-A ). For all service contracts, the standard "Professional Services Agreement" shall be used and a separate Scope of Work attached to each Agreement. The following matrix provides purchasing procedures when contracting for Professional and Maintenance services. Standard Professional and Maintenance Service Contracts (includes contracts for Fee Recovery Vendors 1) For the thresholds below. the term 'contract' is not limited to formal contracts and includes all procurement with a vendor for a given scope of work as defined by the procurement action . Work shall not be split In to separa te procurement act ions with the sole intent of circumventing the thresholds be low. However. similar work w!th the same vendor for different projects may be cons ide red separate procurement acts for the pu rposes of applying the thresholds be low. For amendments to ex isting agreements , the thresholds below take into account the cumulative total of all of the following : the original amount of the agreement. all agreement amendments/change orders to date, plus the anticipated agreemenVchange order. $3;00(}10 .000 or less • No bidding or quotes required . • No-Purchase Order is recommended. but not required. -Yf;e pettysasl'l~u~ ear-cl up to $3 ,000 . • Department Head or designee signs invoice and submits to the Finance Department. 1 See Section VI for definition of Fee Re co very Vendors. 22 864426.1 [ Formatted: Space Before: O pt ATTACHMENT 12 Contrasts up to • Dopartrnont ~oad appmves contracts anel cAaA§e $10,000 9"El~mulatWe-wffue of $10 ,000 (GAango &FEieFS-f:)lus-eFigiAal-cootfastr, ~ow inforFAal solisitation of qualiflcatieA&-eF inforFAa l quotes prooeeuros (See Section VI+., Pai:aw=apl=l-G-anEl-SemieA V II., Paragrat'IR-€+.- • Qof'lartFAeAt se lects YeROOf:.,. • QopartFAont prepares two GORtract deol:lmoRts anel oalains \<6ASOF si9naWfOS. • Department-suemits-te-Gtty Clerk CoAtfact +FaAs m itta~m-with-attachmeA-t~FGRa6e ~ilien-si§Aed-Oy-Gepartrnonl 1-!eael . • Ci~ Clerk signs Cont ract Transmittal Fol'ffi and foi:wafEls it a long witA roquisttiorr-t&Finanse DopartFAent. ·naFl6&-(;}ei:ta1:t-meAt-f}A R~~f6Rase-GJ:Eler to ¥enelor . Contracts over • City Manager approves contracts and change orders $10,000 up to up to a cumulative value of $25,000 (change orders $25,000 plus original contract). • Follow informal solicitation of qualifications or informal quotes procedures (See Section VII., Paragraph C and Section VII., Paragraph E). • Department selects vendor . • Department prepares two contract documents and obtains vendor signatures . • Department submits to City Clerk Contract Transmittal Form with attachments and purchase requisition signed by Department Head. • City Clerk signs Contract Transmittal Form and forwards it along with requisition to Finance Department. • Finance Department prints and mails Purchase Order to vendor. Contracts over • City Manager approves contracts and change orders $25,000 up to up to a cumulative value of $45,000 (change orders $45 ,000 plus original contract). • Follow formal RFP/RFQ bidding procedures (See Section VII. Paragraph D). • Department selects vendor . • Department prepares two contract documents and obtains vendor signatures . • Department submits to City Clerk Contract Transmittal Form with attachments and purchase requisition signed by Department Head. 23 864426 I ATTACHMENT 12 • City Clerk signs Contract Transmittal Form and forwards it along with requisition to Finance Department. • Finance Department prints and mails Purchase Order to vendor. Contracts over • City Council approves contracts and change orders $45,000 that would result in cumulative value (change orders plus original contract) exceeding $45,000. • Follow formal RFP/RFQ bidding procedures (See Section VII. Paragraph D). • Department prepares Agenda Report requesting City Council action. • City Council awards bid/contract. • Department prepares two contract documents and obtains vendor signatures. • Department prepares Contract Transmittal Form and submits to the City Clerk. • Department submits to City Clerk Contract Transmittal Form with attachments and purchase requisition signed by Department Head. • City Clerk signs Contract Transmittal Form and forwards it with requisition to Finance Department. • Finance Department prints and mails Purchase Order to vendor. 887 * For Profe ssional Services associated with Public Works projects , including . but not 888 li mited to , constru ction management. desi gn. or stu dy projects . where a Professional 889 Services Agreement is executed, an Amendment to the Professional Services Agreement 890 is required if the projected final cost exceeds the original contract amount. Limited to 891 Professional Services for Public Works projects, the City Manager shall be authorized to 892 negotiate and execute, without City Council action, one or more Change Orders to the 893 Professional Services Agreement, provided that the amount is within the contract 894 contingency and project budget, and the Change Order does not exceed 10% of the 895 original contract amount or $50,000, whichever is less. 896 897 SECTION V -PUBLIC WORKS PROJECTS 898 Public Works projects include construction, reconstruction, erection, alteration, 899 renovation, improvement, demolition, and repair work involving any facility owned, leased, 900 or operated by the City as defined in California Public Contract Code section 22002, or 901 as subsequently amended. The definition also includes painting/ repainting, plumbing, 902 electrical wiring, and/or other trade work for any facility owned, leased or operated by the 903 City. Construction, erection, improvement, or repair of dams, reservoirs, and electrical 904 transmission lines of 230,000 volts and higher that are owned by the City, are also 905 considered a public project. 24 864426.1 ATTACHMENT 12 906 A public project does not include maintenance work , consisting of routine, recurring , and 907 usual work for the preservation or protection of facilities owned or operated by the City, 908 including minor repainting. Street and highways resurfacing at less than one inch (1") 909 deep, landscape maintenance (mowing, watering, trimming, pruning, planting, 910 replacement of plants, and servicing of irrigation and sprinkler systems) are not a public 91 1 project and contracts for services related to this maintenance work is covered under 912 Section IV-Service Contracts . 913 It is the City of San Juan Capistrano's policy to follow the Uniform Construction Cost 914 Accounting Procedures (UCCAP) for all Public Projects, as set forth in the Public Contract 915 Code Article 2, commencing with Section 22010 (see Appendix A). Also, see City 916 Resolution 06-09-19-04 as approved on September 19, 2006 in Appendix A. It is also the 917 City of San Juan Capistrano's policy to adopt the purchasing limits and policies as set 918 forth in Public Contract Code Sections 22030 to 22045, as amended (See Appendix A). 919 In the event there is an inconsistency between the policies stated herein and Public 920 Contract Code Sections 22010, et seq., the provisions of the Public Contract Code 921 Sections 22010, et seq., shall prevail. 922 If an informal bid result for the lowest and most qualified bidder results in a bid over ~23 $175,000200.000 , afHHIP to $187 ,50(}, the project may proceed with the informal bid 924 process , and the City Council must approve such an award by four-fifths vote consistent 925 with Public Contract Code Section 22034. If an informal bid result for the lowest and most ~26 qualified bidder is over $~00212.500 , the project must be formally re-bid for City 927 Council approval. The following matrix provides purchasing procedures when contracting 928 for Public Construction projects. 929 25 864426 I ATTACHMENT 12 Contracts up to $45,000 864426.1 • City Manager approves contracts and change orders that would result in cumulative value (change orders plus original contract) not to exceed $45,000 . The Department Head is authorized to issue change orders for changes or additions to the original scope of work that result in up to 10% aggregate change in the contract price, provided the amount is within the contract contingency and project budget. -Fellow-tho infofffla' _· . <>,.. n ~: ~ _.ieA VII. Paragraph G) or pofi<lffflod consisten t with ~s t Gode sesiien 22032 . • City Manager awards and signs contract. • Department prepares two contract documents and obtains vendor signatures. • Department submits to City Clerk Contract Transmittal Form with attachments and purchase requisition signed by Department Head. • City Clerk signs Contract Transmittal Form and forwards it along with requisition to Finance Department. • Finance Department prints and mails Purchase Order to vendor. 26 ATTACHMENT 12 Contracts over • C ity: Cou nc il ag1;1 roves co ntrac ts and cha nge orders ~45,000 and ug to that wou ld resul t i n c umulative value (change orders $60,000 gl us origi nal co ntract} not to exceed ~60 ,000 . The City: Manager is a uthor ized to issue change orders fo r c h an ges or add itio ns to the origina l sco12e of wo rk that re sult In UE! to 10% aggregate c hange in th e co ntrac t Qrice , grovided the amou nt is w ithi n th e contract co nti nge ncy a nd E!roje ct budget. • City Council adogts 12la ns , sgecifications , and worki ng details. • D.egartmen t gre12ares Agenda Re gort requ estin g City Council action. • Dega r tmen t 12regares two con tract documents and obtains ve ndo r s ignatures . • C ity Co unc il awards bid/co ntract. • De12artm en t su bm its to Clty Cler k Con tract Trans mi ttal Form with attach ments and Qurc h ase reguisilion s ig ned b y DeQart men t Head . • C ity C lerk s ign s Co ntract Tra nsmi ttal Form an d forwards it alon g w ith reg ui s ition to Finance Degartment. • Fi nance Degartment grints and mail s Purc hase Order to vendor. Contracts over • City Council approves contracts and change orders $4a;Q00 60.0 00 and that would result in cumulative value (change orders up to plus original contract) not to exceed ~Q200 .000 2 $-1+&,.00Q200,000 . The City Manager is authorized to issue change orders for changes or additions to the original scope of work that result in up to 10% aggregate change in the contract price provided the amount is within the contract contingency and project budget. • Follow informal bidding procedures (See Section VII. Paragraph G ). • City Council adopts plans, specifications, and working details. • Department prepares Agenda Report requesting City Council action. • DeQartment 12 re1;1ares two co ntract docume nts a nd obta ins ve ndo r si gnatures. • Citv Council awards bid/contract. 'This limit is tied to Public Contract Code Section 22032 Any changes to limits set forth in the UPCCA are hereby adopted as part of this policy. 27 864426 l ATTACHMENT 12 • Oei:>af'tm en~Fe s ~wo co ntract <:lac umeAl&an<:l ebtains vendef'-.Signaturos . • Department submits to City Clerk Contract Transmittal Form with attachments and purchase requisition signed by Department Head. • City Clerk signs Contract Transmittal Form and forwards it along with requisition to Finance Department. • Finance Department prints and mails Purchase Order to vendor. Contracts over • City Council approves contracts exceeding $m;-000200.000 $175 ,00020 0.00 0. The City Manager is authorized to issue change orders for changes or additions to the original scope of work that result in up to 10% aggregate change in contract price provided the amount is within the contract contingency and project budget. • Follow formal bidd ing procedures (See Section VI. Paragraph H). • City Council adopts plans, specifications, and working details. • Department prepares Agenda Report requesting City Council action. • De12art ment 12re12a res tw o co ntract do cu ments an d ob tains vendor signatu res. • City Council awards bid/contract. ----G~fef}ares-t:w o canti=as t dosumonl:&'1n9 abtaiAs-vef\OOF-SigAatufe& • Department submits to City Clerk Contract Transmittal Form with attachments and purchase requisition signed by Department Head . • City Clerk signs Contract Transmittal Form and forwards it along with requisition to Finance Department. • Finance Department prints and ma ils Purchase Order to vendor. 930 93 l Additionally , for all Public Works contracts (for a "public works" as defined in Labor Codes 93 2 1720 and 1720 .3), the following legal requirements shall be incorporated into all 933 procurements: 93 4 • For contracts over one thousand dollars ($1,000), the contract shall require that 935 prevailing wage be paid (not applicable to janitorial services). 93 6 • For contracts over $25,000, the contractor that is awarded a public works contract 937 shall , before commencement of work , file a payment bond with and approved by 28 864426 I ATTACHMENT 12 938 the Finance Department that is no less than 100 percent of the total amount due 939 under the contract, and all bids for such contracts shall state that such payment 940 bond is required. 941 942 Prequalification of Contractors Seeking To Bid on Public Works Projects 943 In accordance with the provisions of California Public Contract Code section 20101, the 944 City may establish a program to pre-qualify contractors and subcontractors to bid on the 945 City's Public Works projects . 946 947 SECTION VI -CHANGE ORDERS FOR PUBLIC WORKS PROJECTS 948 949 These guidelines shall govern the process and administration of Public Works project 950 contracts including change orders , time extensions, and budgetary amendments relating 951 to Capital Improvement Projects . Implementation of these guidelines will allow the City 952 to implement Public Works projects and Capital Improvement projects in a timely fashion . 953 954 For Change Orders for Public Works Contracts, all of the following shall apply: 955 956 1. The total of all Change Orders approved without prior City Council Authorization 957 shall not exceed the project contingency as established by the City Council at the 958 time of the award of bid (typically 10% above the approved bid amount). 959 960 2. The City Manager may, at her/his discretion, bring any Change Order before the 96 l City Council. 962 963 3. During the construction period, pursuant to a contract awarded by the City Council , 964 the City Manager is authorized to negotiate and execute without City Council 965 action, one or more Change Orders provided that they do not exceed 10% of the 966 original contract provided the amount is within the contract contingency and project 967 budget. In no case shall this change order authority exceed $100,000. 968 969 4. The Project Manager is responsible to process required paperwork to modify the 970 Contract to reflect the approved change order(s) and Contract Amendments. 971 972 5. Any deviations from the policy must be reviewed and approved by the City Council. 973 974 TIME EXTENSIONS 975 976 1. The City Manager may approve any time extension required that is caused by 977 weather delays and/or material availability delays. 978 979 980 29 864426.1 ATTACHMENT 12 981 SECTION VII -BIDDING PROCEDURES 982 983 A. Introduction to Bidding Procedures 984 Overview 985 This policy requires that certain bidding procedures be followed when purchasing goods, 986 supplies, equipment and materials; contracting for professional and maintenance 987 services; and contracting for non-public works and Public Works projects. The competitive 988 bidding process ensures that the City will obtain the best combination of pricing, quality, 989 service, and availability of products and services. Splitting a purchase to circumvent the 990 bidding limits is specifically prohibited by the City's Municipal Code and by State law. 991 992 The total dollar value of the goods, services, or projects determines whether formal or 993 informal bidding procedures must be followed , as shown below. In certain instances, 994 bidding procedures may not be required . 995 996 Goods, Supplies, Equipment and Materials and Non-Public Works Projects 997 Contracts ~9 8 • No Bidding Required: Less than $~10.000 ~99 • Informal Quote: $6,G0010 ,000 -$25,000 1000 • Formal Bidding (RFP): Over $25,000 1001 1002 Professional and Maintenance Services Contracts 1po3 • No Bidding Required: Less than $~10.000 I 004 • Informal Quote: Contracts up to $25,000 1005 • Formal RFP/RFQ Bidding : Contracts over $25 ,000 1006 1007 Public Projects 1~08 • No Bidding Required: Contracts up to $~0060 .000 1 09 • Informal Bidding: Contracts $4&;Q0060,000 to $.:i.+&;000200 .000 I 10 • Formal Bidding: Contracts over $+1&,Q00200 ,000 1011 1012 The Contract Transmittal Form (See Appendix B) requires the identification of the project, 1013 funding sources, contract type , insurance and bond requirements, and sets forth the IO 14 type( s) of publications required, including whether the City Clerk needs to publish a Notice 1015 Inviting Formal Bids. In some instances, the City Manager may require City Council IO 16 approval prior to advertising . 1017 101 8 Documenting the Bid Process Io 19 Bidding procedures must always be documented. The originating department is 1020 responsible for completing a Bid Recap form for all purchases and contracts of 1p21 $~00G10,000 or more. The Bid Recap form identifies the vendors who have been I 022 contacted, the name of the successful bidder, the amount of the contract, and the 1023 reason(s) for the successful bidder's selection. 1024 30 864426 .1 ATTACHMENT 12 lp25 B. Qualified Bidder§. List 1026 In some instances it is in the best interest of the City to have current ongoing contracts 1027 with multiple consultants for the same or very similar services (i.e. services that can be I 028 defined as to scope of work but not as to requ ired events such as contract planning 1029 services , soils testing, contract building maintenance services, etc.). These services I 030 would best be handled by establishing a qualified bidders list and by entering into an lp3 t ongoing professional services contract when the service is requ ired. 1032 t 033 There are generally three categories of contractors that are placed on the Qualified 1034 Bidders List. The first is maintenance contractors that prov ide services with recurring 1035 and usual work for the preservation or protection of any publicly owned or publicly 1036 operated facility for its intended purposes. The second is professional service 1037 contractors that are educated or licensed specialists who provide services of an advisory 1038 nature and provide recommendations for a course of action , an end product, or the I 039 transmittal of information . The third is qualified construction contractors who are 1040 called upon through an informal bidding process to perform Public Works projects 104 I pursuant to subdivision (b) of Section 22032 of the Public Contract Code (See Section VI. 1042 Paragraph E below for procedural guidance on the informal bidding process). 1043 1044 There shall be one Qualified Bidders List (vendor, consultant and/or contractor) for I 045 ongoing service requirements related to professional services, maintenance services , 1046 and Public Works projects, categorized by the type of product sold or work performed for 1047 use in soliciting bids. A "qualified" bidder is a bidder that demonstrates the following 1048 characteristics: 1049 • Can provide product quality, fitness, and capacity for the required usage. I 050 • Has the ability, capacity and skill to perform the contract or provide the service 1051 required . 1052 • Has demonstrated character, integrity , reputation, judgment, experience , and t 053 efficiency, particularly with reference to past purchases by the City or other I 054 public agencies. • Has the ability to perform within the time required. • Has shown quality of performance and/or of products provided in previous contracts or services with the City or other public agencies. • Can meet all insurance requirements. The process for selecting qualified bidders to be placed on the Qualified Bidders List shall begin with an Informal Solicitation of Qualifications"-(SQQ). Criteria required for the development of an SGQ-l nformal Solicitation of Qualifications can be found in Section VI!, Paragraph C below. i:t:ie-For each of the th ree categories of service associated with the Qualified Bidders List, the City shall endeavor to obtain a minimllr:n of three Statements of Qualifications (SOQ 's ) from a m inimum of three vendors. fer the seF¥ices required and q1;1alifieG-After evaluation of the SOQ's rece ived . qualified bidders shall be added to the Qualified Bidders List based on aGGeF>ta91e-Et1;1alifiGatieRS the considerat ions identified below. E::val ua tifl§-BiesEvaluation of SOQ's fo r Placement on Qualified Bidders List: The Department/Division Head or designee(s) shall select the consultants which, in their evaluation process, is the most qualified to perform the work. The evaluation and 31 864426 I ATTACHMENT 12 l 073 selection process shall be based upon the following considerations: 1074 1075 1. General quality and responsiveness to the request, including but not limited to : 1076 • Responsiveness to the terms, conditions, and items of performance. 1077 • Grasp of the problem, work to be performed, and approach to be used. 1078 2. Organization and personnel making the proposal must provide: l 079 • Evidence of good organizational and management practices. 1080 • Qualification of the personnel. I 081 • Specialized experience of the firm and its personnel relative to the required I 082 services. 1083 • References who can be contacted to verify past record of performance (i.e., 1084 completion of a quality product in a timely manner and within budget constraints). I 085 • Previous consultant experience. I 086 • The financial condition of the firm . 1087 • Capacity of the firm to perform the subject project within a required timeframe . 1088 I 089 3. If appropriate, the price, in any of the following formats, may be considered. 1090 • Total price and price breakdown . 1091 • Price range. 1092 • Cost schedule. 1093 I 094 The Qualified Bidders List shall be approved by the City Council at least every three years. I 095 All vendors on the Qualified Bidders List shall be reviewed and approved by the City 1~96 Manager on aA-at least an annual basis . Vendors can be added at any time as long as l 97 the process prescribed herein for the Informa l Solicitation of Quallfications i s adhered to I 98 and C ity Council approval is obtai ned for any such additions . Professional Services 1099 Agreements (PSA) for qualified bidders will not be executed until selected to perform a 11 oo service . At that time, and through the term of the contract, the terms of the PSA for the 11 O I selected vendor will be controlling for any subsequent projects undertaken by the same 1102 or different departments. However. a l the Deparlment Head's sole d iscretion . a separate 1103 PSA may be ente red Into for the vendor to reflect project-specific terms . PSA's associated 1104 w ith vendors on th e Qualified B idders List can be amended at any time and are subject 1105 to the signature authority limits indicated in this policy. -All contracts shall have a defined 1106 end date. 1107 I I 08 Fee resov~i:y-ve-RdGFs-oo-tAe-QualffieEl-BIGElef&..list are fQr deve l Gj:l~ro~ala-by 11 09 eleve lopors (examp les ; outs ielo El R, plan check re'li0'A'). /\ specific f-Oe rocovery sar¥ico I I Io proY ider may be retained to 13erform &eAl-ise~SGts,fll'Gll~d that tho 1111 Gefflbined foes do no~~~jec t 13or fisca l ;<ear . TR e City Co~I I 112 apf*9¥eS-~Gls-wl fe0-f0Gevery-veA , ash 11 13 ~eads may ap13rove seNiees fer up to $5Q.,OO~FGjeet- l I\ 4 t 115 NBR-fee rec avery •.'eRdors en the list have no of:ff;otting re>1eRl:lo-f-Fem--Gevelepers . A I I 16 spesifiG-OE>A-fee-soPJise-provider-may-90-Feta!Red l o perform sefViGes-en-&~01'-projecl&,- 1117 f.)rovided th~iMcl fees do not oxceoel $150,00Q.f>0f..Gepai:tmen t per fiscal year. 11 18 32 • 864426 .1 A TI ACHMENT 12 11119 C. Informal Solicitation of Qualiflcations-{SQQ} 1120 An SQQ-Informal So li citation of Qua li ficati ons refers to the process that establishes 1121 criteria for evaluating firms that request placement on the City's Qualified Bidders List. 1/122 Such firms must submit aA-a Sta tement of Q ualifi ca tions (SQQ} setting forth the 1123 qualifications of members of the firm and providing any other information required by the 1124 announcement of the project or desired service. The Department/Division shall strive to, 1125 whenever possible, solicit at least three qualifications/proposals in writing. When it is not 1126 practical, nor cost effective, to receive three qualifications/proposals in writing, the 1127 Department Head at his/her discretion, may choose the vendor best suited for the needs 1128 of the particular project or service category. 1129 1130 A public notice shall be advertised on the City's website and in applicable publications to 1131 obtain SOQ's from qualified service providers. It is important that the specifications are 1132 accurate and comprehensive . Informal quotations must be documented to the satisfaction 1133 of the City Manager or the Chief Financial Officer. Ideally, documentation should include : 1134 1135 • The name of the company. 1136 • The person giving the quote . 1137 • The date and time of the phone call. 1138 • Understanding of the required scope of services. 1139 • Specialized experience of the firm and its personnel relative to the required 1140 services. 1141 • References who can be contacted to verify past record of performance, i.e., 1142 completion of a quality product, in a timely manner, and within budget constraints. 1143 • The capacity of the firm to perform the subject project within a required timeframe. 1144 • Estimated price. 1145 1146 As events occur and need arises, work will be assigned to the firms/individuals on the 1147 Qualified Bidders List at the sole discretion of the Department Head . su bje ct to the 1148 sig nat ure li mits in th is pol icv . A se parate so li ci tation of bids is not req uired for vendo rs 1149 sele cted fro m the preap proved Qua li fi ed Bi dders Li st. exce pt for qualifie d co nst ruction 1150 con trac tors who must be ca ll ed upon th rou gh a n infor mal bidding process to perform 1151 Public W orks pro jec ts purs uant to subd iv ision (b l o f Sect io n 22032 of th e Publ ic Con tract 1152 Code . 1153 1154 Negotiation: The Department Head or designee(s) shall discuss with the highest ranked 1155 firm(s) the requirements of the project, the scope of services needed to meet the 1156 requirements, and negotiate a reasonable fee for the established work assignment. 1157 D. Lowest Responsible (Responsive and Qualified) Bidder 1/15 8 ~F o r pro cu reme nt not invo lvi ng vendo rs selec ted from the QuaHfi ed Bi dders Li st. bi ds 1159 should be awarded to the responsive and qualified bidder who submits the lowest bid. A 1160 responsive bid is one that is in substantial conformance with the requirements of the 1161 invitation to bid, including specifications and the City's contractual terms and conditions. 1162 Conformance may also include providing proof of insurance, completed forms, 1163 references, and all other information as requested in the bid document. Bidders who 1164 substitute terms and conditions or who qualify their bids in such a manner as to nullify or 33 86 44 26 I ATTACHMENT 12 1165 limit their liability shall be considered non-responsive bidders. 1166 1167 Cost is not necessarily the only determining factor when selecting the successful bidder. 1168 In addition to price, the following elements should also be considered in determining . 1169 whether a bid is responsible: 1170 I 171 1. The successful bidder must demonstrate the ability to fulfill a contract, including 1172 providing subsequent and continuing service. Staff may request proof of a prospective 1173 bidder's reliability, proof of financial resources, a list of current or previous customers, 1174 and other pertinent data. Such requests may also be taken after receipt of bids. 1175 1176 2. A bidder may be determined to be non-responsible if the bidder fails to furnish proof 1177 of qualifications when required . 1178 3. The products offered provide the quality, fitness, and capacity for the required usage. 1179 1180 4. The bidder has the ability, capacity and skill to perform the contract satisfactorily and 1181 within the time required. 1182 1183 5. The bidder's experience regarding past purchases by the City or other public agencies 1184 demonstrates the reliability of the bidder to perform the contract. 1185 1186 When a department recommends awarding a bid to other than the low bidder, written 1187 justification must be provided on the Bid Recap form and the City Council agenda report 1188 if City Council approval is required . 1189 1190 E. Informal Quotes 119 l Informal quotes should be used to assure the most competitive price is received for an 1192 item, while avoiding the additional time and expense involved in formal bidding. The 1193 Department/Division shall make every attempt to receive at least three bids in writing or 1194 over the phone if not already obtained from the Qualified Bidders List. Bids must be 11195 documented in the Bid Recap Form to the satisfaction of the Chief Financia l OfficerCily 1196 Manager. The Department/Division should make every reasonable attempt to obtain at 1197 least three bids. In the event that three viable quotes are not received, the division shall 1~98 decu A'le nt pro vide to the City Manag er a wr jtten explanat ion as to what steps were taken 1199 to obtain quotes, any vendors contacted that Ele6ff~we re non respo nsive , and if 1 00 applicable why it is not practical to receive three quotes. At the City Manager's sole l O l discretio n. such req ues ted procurement act ions may proceed . 1202 The Department/Division/Project lead shall evaluate the three informal quotes received 1203 and determine the lowest most responsible bid. The City reserves the right to accept that 1204 bid which is in the best interest of the City . 1205 When selecting the recommended bidder the Department/Division Head will take into 1206 consideration: 1207 • Price. 1208 • Ability, capacity, and skill. 1209 • Ability to meet time requirements. 34 864426 , I A TI ACHMENT 12 121 o • Character, integrity, and reputation. 1211 • Previous vendor experience. 1212 • Financial resources available for contract performance. 1213 1214 F. Formal Request for Proposal or Request for Qualifications (RFP/RFQ) 1215 1216 The Request for Proposals (RFP) or Request for Qualifications (RFQ) bidding process is 1217 designed to ensure the City that it has engaged the most qualified consultant available 1218 for the engagement. This process generally takes more time and expense than informal 1219 solicitations of qualifications and in some instances may actually not be the most cost- 1220 effective approach. Unlike formally bid contracts, the City Clerk does not publicly open 1221 requests for proposals or requests for qualifications for professional services. 1222 1223 1. Because RFP/RFQ's ask for a subjective product, they should contain the greatest 1224 detail possible, and may include the following: 1225 a. A precise description of the problem or objective 1226 b. The services to be performed 1227 c. The product to be provided 1228 d. The anticipated time schedule for: 1229 1230 • Submittal of RFP/RFQ (date and time). 1231 • Any pre-proposal conference (date, time and location). 1232 • Review and evaluation of the proposals. 1233 • Award of the contract. 1234 • Commencement of work on the project. 1235 • Completion date. 1236 1237 e. Evaluation factors and the relative importance of each. 1238 1239 f. Expectations or limitations on the part of the City, including: 1240 1241 • The format, form and quantity of any expected reports. 1242 • The extenUnature of assistance/cooperation available from the City. 1243 1244 g. Expected content of the RFP/RFQ, including: 1245 1246 • The overall description of techniques to be used. 1247 • Listing of similar services provided to other clients. 1248 • Listing of available references to contact. 1249 • Description and qualifications of assigned lead and supporting personnel. 1250 • Time and staff expected to be expended. 1251 • Facilities and equipment to be used. 1252 • Portion of contract to be performed by sub-contractors . 1~53 • Subcontractors'._/Sub:-eonsultants~ qualifications. 1254 • Cost, in summary and total, and desired method of payment. The RFP/RFQ for 1255 services may, but is not required to, state the amount budgeted forthe service. 1256 1257 h. Contractual requirements including, but not limited to: 35 864426 .1 ATTACHMENT 12 1258 • Prohibition against assignment. 1259 • Indemnification. 1260 • Insurance requirements . 1261 • Bonding requirements . 1262 • Warranties . 1263 • Compliance with federal, state and City laws, rules and regulations . 1264 • Compliance with any grant related regulations . 1265 • Sample contract. 1266 • Requirement to pay prevailing wages, if applicable. 1267 1268 1269 i. Construction project management service RFP's/RFQ's may require evidence be 1270 provided of experience in construction project design review and evaluation, 1271 construction mobilization and supervision, bid evaluation , project scheduling , cost- 1272 benefit analysis , claims review and negotiation , and general management and 1273 administration of a construction project. 1274 1275 j. Additional requirements specific to the scope of work as determined by the 1276 responsible department and/or Finance Department. 1277 1278 2 . Issuing the RFP 1279 1280 To ensure maximum exposure and competition, the responsible department shall prepare 1281 a list of potential firms to receive the RFP/RFQ. 1282 1283 a. If required or desired , the responsible department will submit the RFP notice to be 1284 advertised on the City's website , onl ine through the City's bidding web service , or 1285 in a local newspaper of general circulation. The notice will be published one or 1286 more times beginning at least fourteen calendar days prior to the designated 1287 closing. Additional advertisements may be placed in a regional newspaper of 1288 general circulation; appropriate professional or trade journals; and state or 1289 governmental publications designed for public notice . 1290 1291 b. A reasonable length of time between solicitation and closing dates must be allowed 1292 to provide potential respondents time for preparation in accordance with the 1293 complexity, the size of the project , and the scope of advertising. 1294 1295 c . City staff may conduct conferences to explain the requirements of the project. A 1296 sufficient amount of time should be allowed after the RFP has been issued to allow 1297 potential respondents to become familiar with the project. Any clarification or 1298 changes required to the RFP/RFQ , as a result of the conference , shall be added 1299 as a written amendment. A summary of the conference shall be provided to all 1300 prospective respondents receiving the request. 1301 1302 d. The requesting department shall prepare sufficient copies of the RFP to allow 1303 distribution to potential respondents of record and responses to the published 1304 advertisements. In addition, the department shall maintain a list of RFP's issued 1305 and responses. 36 864426 I ATTACHMENT 12 1306 1307 e. Amendments should be used to make any changes in quantities, descriptions, 1308 schedules, or to correct defects or ambiguities in the original RFP/RFQ. 1309 Amendments are prov ided to ensure that all potential respondents are furnished 131 O with the same information with which to prepare proposals . 1311 1312 f . Amendments to the RFP/RFQ shall be identified as such and shall require 1313 acknowledgment as such by firms receiving the RFP/RFQ. Amendments shall be 1314 sent to all known recipients of the RFP/RFQ within a reasonable time period before 1315 the closing date. If the time and date established for the receipt of proposals does 1316 not allow sufficient time for consideration and changes , the time and date will be 131 7 modified by amendment. 1318 3. Proposal Receipt and Opening : 1319 1320 a. Proposals shall be submitted to the originating department and shall be clearly 1321 identified with the Proposal number on the envelope . Faxed or other electron ic 1322 proposals are not acceptable . 1323 1324 b. All proposals shall be t ime stamped and those received by 5:00 p.m. of the 1325 designated closing day will be opened on the following workday for preliminary 1326 review. 1327 1328 c. Any proposal received after the time specified in the RFP/RFQ shall be returned 1329 unopened. 1330 1331 d. To avoid disclosure of the contents of competing RFP/RFQs , proposals will be 1332 opened in the presence the Department Head or his or her designee . 1333 1334 e. Respondents may modify or withdraw their proposals prior to the established 1335 closing date and time , without penalty. However, any modifications submitted after 1336 the established closing date and time will not be accepted . Such modifications will 1337 be returned to the respondent, unopened. 1338 1339 f . The Department shall maintain a list of proposals received, including name and 1340 address of respondent, the number of modifications received, if any, and any 1341 additional information requested. The register will be open to inspection after the 1342 award of the contract or the rejection of all proposals. 1343 1344 g. Proposals and modifications shall be shown only to the evaluation committee 1345 personnel , and the Department Head until a recommendation is made to City 1346 Council or all proposals have been rejected. 1347 1348 4 . Rejection of Proposals: The City reserves the right to reject any and all proposals, to 1349 accept or reject any one or more items of a proposal, or to waive any irregularities or 1350 informalities in the proposal or the RFP/RFQ process if to do so is deemed to best 1351 serve the interests of the City. The authority to reject any proposal shall be consistent 1352 with the levels of authority based on dollar thresholds described above. 1353 37 864426,I ATIACHMENT 12 1354 5. Evaluation Factors and Method: Because unique services are requested , cost is not 1355 considered the primary selection criteria. 1356 1357 a. Evaluation factors may include: 1358 1359 • General quality and responsiveness of the proposal, including but not limited 1360 to: 13,61 • Responsiveness to the terms, conditions, and items of performance; 1362 • Completeness and thoroughness of the proposal; 1363 • Grasp of the problem, work to be performed, and approach to be used . 1364 1365 • Organization and personnel making the proposal: 1366 • Evidence of good organizational and management practices; 1367 • Qualification of the personnel; 1368 • Specialized experience of the firm and its personnel relative to the required 1369 services; 1370 • References who can be contacted to verify past record of performance , i.e., 1371 completion of a quality product, in a timely manner, and within budget 1372 constraints ; 1373 • The financial condition of the firm; 1374 • Capacity of the firm to perform the subject project within a required time 1375 frame. 1376 13 77 • If appropriate, the price, in any of the following formats , may be considered . 1378 • Total price and price breakdown ; 1379 • Price range; 1380 • Cost schedule. 1381 1382 b. A Selection Committee shall be formed to evaluate the submitted data and 1383 determine the products that should receive further consideration . The Committee 1384 shall be appointed by the Department Head, subject to the approval of the City 1385 Manager or the Chief Financial Officer, and may consist of more than one 1386 department. 1387 1388 c. The Selection Committee may choose to interview all of the responding 1389 consultants, only the top few ranking consultants or to not perform interviews. 1390 1391 d. After the interviews (if applicable), the Selection Committee shall rank the 1392 consultants based on their proposals, interviews, and references . 1393 6 . Exceptions to Formal RFP/RFQ : The formal RFP/RFQ process may be bypassed in 1394 the following three instances: 1395 1396 a. In emergency situations where time is of the essence, the City Manager may 1397 dispense with the formal RFP/RFQ process to obtain services necessary in dealing 1398 with the emergency. Immediately following the emergency, the City Manager shall 1399 submit to Finance Department an Emergency Authorization Form. 1400 38 864426.1 ATIACHMENT 12 1401 b. When one known service provider is available, the Department Head shall prepare 1402 a report for City Manager or City Council approval, depending on the dollar 1403 threshold, requesting an exemption from the RFP/RFQ procedures and, if 1404 applicable , awarding the bid to the "sole source ." 1405 1406 c. When there are extenuating circumstances that would make the formal RFP/RFQ 1407 process not the most cost effective approach. This often relates to qualitative, 1408 artistic or proprietary software/technological issues. The appropriate Department 1409 Head shall prepare a report to the City Council requesting an exemption from the 1410 formal RFP/RFQ process . 1411 1412 7. Negotiation: The Department Head or designee(s) shall discuss with the highest 1413 ranked firm(s) the requirements of the project, the scope of services needed to meet 1414 the requirements, and negotiate a reasonable fee/contract for the established work 1415 assignment. 1416 1417 G. Informal Bid Process 1418 1419 The department shall prepare a Notice Inviting Informal Bids to describe the project in 1420 general terms, how to obtain more detailed information on the project, and the time and 1421 place for the submission of bids. The proposed contract and applicable bond and 1422 insurance requirements should always be included in this Notice Inviting Informal Bids. 1423 The department also completes the Contract Transmittal Form (See Appendix B) that 1424 identifies the project, funding sources, contract type, insurance and bond requirements, 1425 and the type(s) of publications required, including whether the City Clerk needs to publish 1426 a Notice Inviting Informal Bids . In some instances, the City Manager may require City 1427 Council approval prior to advertising . 1428 1429 The department mails the Notice Inviting Informal Bids to all construction contractors 1430 on the Qualified Bidders List (See Section Vl.C for more information on developing the 1431 Qualified Bidders List) for the category of work being bid and advertises in all designated 1432 construction trade journals not less than 10 calendar days before bids are due. 1433 Additionally, the Department Head is encouraged to post the Notice Inviting Informal Bids 1434 to the City's web site. The City Clerk will publicly open all bids at the time and place stated 1435 in the public notices. 1436 *37 For all Public Works projects up to $~+§,OOQ200 ,000 , the City shall comply with alt 1438 statutory requirements for informal bidding procedures as set forth in Public Contract 1439 Code sections 22030 , et seq. 1440 1441 After the successful bidder has been selected, the department prepares two original 1442 contracts and obtains the contractor's signature. After the contract is approved (signed) 1443 by the City Manager, the department then submits a completed Contract Transmittal 1444 Form, bid recap and the signed contracts to the City Clerk 's Office . 1445 1446 H. Formal Bid Process 1447 39 864426 .1 ATTACHMENT 12 1448 The City shall solicit formal bids in accordance with Public Contract Code Sections 22037- 1449 22044. {See Appendix A) 1450 1451 The initiating DepartmenUDivision shall be responsible for completion of the formal bid 1452 process; however, the process shall be coordinated with the City Clerk's Office and the 1453 Finance Department. 1454 1. Bid Forms: The initiating department shall prepare a bid form including detail 1455 specifications for the services to be purchased. The following format is suggested for 1456 competitive bids: 1457 a. Submission of bids {or proposals)-Include date, time , location and bid number 1458 as assigned by the City Clerk. Include a detail list of the information the bid or 1459 proposal should contain. 1460 b . Questions -List the name , address , and telephone number of the City person 146 l to be contacted concerning questions about the project. 1462 c. Background -Provide as much background as necessary to give the bidder an 1463 understanding of the environment in which the job will be performed and to 1464 which the job relates . 1465 d. Scope of work -Describe in detail the requirement for the job and detail 1466 specification. 1467 e. Desired project schedule -Be as specific as possible . 1468 f. Minimum and desirable qualifications -Be as specific as possible . 1469 g . Performance Bond-Whether a performance bond is required and if so, the 1470 amount and form of bidders security. 1471 h. Sample Contract-A sample of the contract that is expected to be used should 1472 be included in the bid package. 1473 2. Notice Inviting Bids: The initiating department shall also prepare a notice inviting 1474 bids that includes the following: 1475 a. A general description of the services to be purchased. 1476 b. A statement indicating where bid forms, specifications and bonding 1477 requirements can be obtained. 1478 c. A statement specifying the time and place for the opening of the bids. 1479 d. The notice shall be published at least fourteen calendar days before the date 1480 of the opening of bids in a newspaper of general circulation , printed and 1481 published in the City. {It is recommended that it be published twice , not less 1482 than five days apart). 1483 e. The notice shall also be mailed to all construction trade journals specified in 1484 Section 22036 of the Public Contract Code. The notices shall be mailed at least 1485 thirty (30) calendar days before the date of opening the bids. · 1486 1487 3. Bid Opening 40 864426.1 ATTACHMENT 12 1488 a. Sealed bids shall be submitted to the City Clerk's office and shall be clearly 1489 identified with the Bid number on the envelope. Upon receipt, the City Clerk 1490 shall date and time stamp the envelope . Faxed or other electronic bids are not 1491 acceptable. 1492 b. Bids shall be opened in public at the time and place stated in the public notice. 1493 c. The City Clerk or his/her designee shall open the bids and shall record all bids 1494 received. 1495 d. Any bid received after the time specified in the notice shall be rejected. 1496 e. When a bidder's security is required, it will be announced in the public notice 1497 inviting bids. The amount shall be determined at the time of preparation of the 1498 bid. It shall be in the form of cash, certified or cashier's check, certificate of 1499 deposit in the City of San Juan Capistrano's name or bid bond made payable 1500 to the City of San Juan Capistrano. When a bidder's security is required, a bid 1501 shall not be considered unless one of the aforementioned forms of security 1502 accompanies the bid. Bidders shall be entitled to return of the bid security with 1503 the following exception : 1504 The successful bidder must execute the contract and file acceptable 1505 documents within thirty (30) calendar days from the date of award unless 1506 extended by the City Manager. Failure to execute the contract shall be just 1507 cause for annulment of the award and forfeiture of the bidder's security, not as 1508 a penalty, but as liquidated damages. The City Council may, upon refusal or 1509 failure of the successful bidder to execute the contract , award the contract to 151 O the next lowest responsive and responsible bidder. 1511 f . All bids received shall be available for inspection during regular business hours 1512 in the City Clerk's office for a period of not less than thirty (30) calendar days 151 3 after the bid opening. 1514 1515 g. All bids received shall be available for inspection during regular business hours 1516 in the City Clerk's office for a period of not less than thirty (30) calendar days 1517 afterthe bid opening. 151 8 1519 4. Rejection of Bids: The City reserves the right to reject any and all bids, to accept or 1520 reject any one or more items of a bid, or to waive any irregularities or informalities in the 1521 bids or the bidding process if to do so is deemed to best serve the interests of the City. If, 1522 after the first invitation of bids, all bids are rejected, the City may elect to re-advertise for 152 3 bids or have the project done by force account. (See Section 22038 of the Public Contract 1524 Code for Procedures and limitations). 1525 5. Determining Lowest Responsive and Responsible Bidder: Award of bid shall be 1526 to the lowest responsive and responsible bidder. All valid responsive and responsible bids 1527 shall be considered in determining the lowest bid. Before the award, the bidder may be 1528 required to furnish evidence of capability, equipment and financial resources to 1529 adequately perform the work. Bidders not found to be responsive or qualified may have 1530 their bid rejected. 41 864426 I ATTACHMENT 12 1531 6. Tie Bids: If tie bids are received, quality and service being equal, the contract shall be 1532 awarded to a local bidder. 1533 If the above condition is not applicable, the City may, at its discretion : 1534 a . Reject any and all bids presented and re-advertise ; or 15 35 b. City may accept either one or accept the lowest bid made by negotiation with the 1536 tie bidders; or 1537 c. Award the bid to any one of the low tie bidders by publ ic drawing. 1538 7. Awarding the Bid: Once the bids have been evaluated, the Department Head/Division 1539 Head shall prepare a report to Council recommending the most responsive and 1540 responsible bidder. The Council shall then award the bid in a public meeting. 1541 All public project contracts exceeding $45,000 must be awarded by the City Council. 1542 Otherwise : 1543 a. Such purchases are void and not considered an obligation of the City. 1544 b. Invoices may be returned to the contractor/service provider unpaid. 1545 c. The person ordering the unauthorized purchase may be held personally liable for 1546 the costs of the contract. 1547 1548 1549 1550 1551 1552 1553 155 4 1555 1556 1557 155 8 155 9 1560 1561 1562 1~63 1564 1565 1566 1~67 1~6 8 156 9 :1~r I 73 I 74 I. Exceptions to Competitive Bidding Requirements The bid process may be bypassed with Department Head approval in the following four instances: 1. In emergency situations where time is of the essence , the appropriate Department Head may dispense with bidding procedures with City Manager approval. For the purpose of this section, emergency situations are those procurements required to prevent the immediate interruption or cessation of necessary City services or to safeguard life, property , or the public health and welfare . If the emergency procurement would have otherwise required formal or informal bidding procedures , the department must obtain City Council ratification of the purchase at the next regularly scheduled meeting. See Section I. Paragraph G . for additional information on emergency purchases . I L When the comm odities aAG-o_L se rv ices that are required fo r a purchase can be obtained from only one vendor, the Department Heads shall document that it is a "sole source" purchase on the Bid Recap form. Most sole source purchases shall be the result of the City deciding that it is in its best interest to use a specific vendor or proprietary brand item or when one ve ndo r has the requ ired expertise to perfo rm the needed servic e. All sole source purchases must be justified by written documentation (bid recap) signed by the appropriate department head and approved by the appropriate pal'l-yC itv Manager prior to being forwarded to the Finance Department. The sufficiency of the ju stification for sole so urcing will be at the sole discretion of the City Manager in consu ltation with the department head and will take into account the facts and ci rcums tances relevan t to the purchase. 42 864426 .1 Formatted: Font: (Default) Arial Formatted: Left, Indent: Left : 0.5'', No bullets or numbering ATTACHMENT 12 I 75 2-,3. When the City Manager determ ines lhat compl iance with the above procedures for I -76 a procurement of goods . supplies . equipment. mate ria ls or services ca nn ot be I 77 achieved due to timing requirements . wh ich cou ld have not otherwise been avoided . I 78 the City may proceed with an informal so li citation of quotes from at least l hree I -79 vendors. A descriptio n of the circumstances . the quotes received , and the basis for I -g o vendor selection shall be approved by the City Manager. 1581 1582 ~£._When there exists other governmental contracts that were competitively bid (such 1583 as State Contracts, DGS, etc.) that the City is eligible to use. 1584 1585 43 864426 I ATTACHMENT 12 86 SECTION VIII -FEDE RAL PROCUREMENT 95 96 97 98 99 1 00 1 01 1 02 1 03 1 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 31 Federa l pro cu rement applies to expendilures made for a pro1ecl or program for which a Federal award was received . A Federal award is the Federal financial assistance or a cost-reimbursement contract that the City receives directl y from a Federal awardin g agen cy or in d irectly from a pass-throu g h entity suc h as the county or state. All non- Federal e n lilies. jnclud ing su brecipienls of a state. m ust follow Code of Federal Regulations. P ART 200-U NIFORM ADMINISTRATIV E R EQUI R EMENTS , COST PRINC IPLES . AND A U DIT REQUIREMENTS FOR FEDERAL AWARDS. A. Definitions 1 . Federal financial assistance . Assista nce that non-Federa l entities re cei ve or administer in the form of: a . Gra nt s; b . Cooperative ag re emen ts . c . Non-cash conlribulions or donations o f property (incl ud ing donated su rplus property); d . Direct appropriat ions: e . Food commodities; f. Loa ns ; q . Loan Guarantees; h . Interest subsid ies: I. In su ra nce; an d I. O the r assistance . 2 . Cooperative agreement. a . A lega l instrument of fi nancial assistance betwee n a Federa l awa rdi ng agency or• pass-t hrough entity and a no n-Federal e ntily t hat is used lo enter into a relationshi p the p ri ncipal p urp ose of which 1s to transfer a nything of value fro m the Fe de ral awarding agency o r pa ss-throug h e ntity to the non -Federa l entity Lo carry out a p ublic p urpose authori zed by a law of lhe Un ited Slates: and not Lo acq uire pro perty or ervices for the Fe dera l Govern ment or pass-through en tity's direct benefit or use . It is distin g uishe d from a g rant in that it provides for substantial involvement between the Fede ral awardin g ag ency or pass-throu g h entit y and l he non-Fe de ra l entity ln c arrying o ut the ac ti vity contemplate d by lhe Fe deral awa rd . 3 . Gran t agre emen t. a . A legal ins trum e nt of fi na ncial assista nce between a Federal awarding agency or· pass-l hra ugh en ti ty and a no n-Federa l en t ity that is used Lo enter into a relat io nship lhe Qrinc1pa l purpose o f wh ic h is to tra nsf er anythin g of value fr om the Fe deral awarding agency o r pass-th ro ugh en tity to the no n-Federal entity to carry out a public purpose au thorized by a !aw of the United S tates. and not to acquire prope rty or er1ices for the Federal awarding agency or pass-through entity's di rect benefil or use . !l 1s dist inguished from a cooperative agreemenl in that il d oes nol provide for su bsta ntial involvement betwe en the Fe derar awardin g agency or pass -th roug h eot!tv and the na n-Federal enllty in carry ing o ul the activity contem plated by the Federal award . 4. Loan. 44 86 442 6.1 ·1 ( Formatt~t: Uµl , Not Bold , No underline Formatted: Font: 12 pt, Not Bold, No underline Formatted: Font: (Default) Arial [ Formatted: Underline Formatted: List Paragraph, Outline numbered + Level: 1 Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Le Aligned at: O" + Indent at: 0.25" Formatted: Font: (Default) Aria l, Bold Formatted: Font: (Oef<1 ult) Arial Formatted: List Paragraph, Outline numbered + Level: 2 Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Lei Aligned at: O" + Indent at: 0.25" Formatted: List Paragraph, Indent: Left : 0 .25" Formatted: Font: (Default) Arial Formatted: List Paragraph, Outline numbered + Level: 3 Numbering Style: a, b, c, -· + Start at: 1 + Alignment: Rig + Aligned at: 0.5'' + Indent at: 0.63" Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: List Paragraph , Space After: O pt, Outline numbered + Level: 3 + Numbering Style : a, b, c, ... +Stai at: 1 + Alignment: Right + Aligned at: 0.5" + Indent at: 0.63" Formatted: List Paragraph, Outline numbered + Level: 3 Numbering Style: a, b, c, ..• + Start at: 1 + Alignment: Rig + Al igned at : o.s· + Inden t at: 0.63" -Formatted: List Paragraph, Space After: O pt, Outline numbered + Level: 3 + Numbering Style : a, b, c, ... + Stai at: 1 + Alignment: Right + Aligned at: 0.5" + Indent at: 0.63" Formatted: List Paragraph, Space After: 0 pt, Outline numbered + Level: 3 + Numbering Style : a, b, c, ..• + Stai at: 1 + Alignment: Right + Aligned at : 0.5" + Indent at: 0.63" Formatted: List Paragraph, Space After : O pt, Outline numbered + Level: 3 + Numbering Style : a, b, c, ... +Stai at: 1 + Alignment: Right + Aligned at: 0.5" + Indent at: 0.63" ATTACHMENT 12 I J4 I 49 I 50 I 51 I 52 I 53 I 54 55 56 57 58 59 60 61 I 62 1>6 3 I 64 I 65 I 166 I 67 I 68 I 69 I 70 I a. A Federal loan or loan guarantee re_ce ived or adm1n1stered by a non-F ederal · entity , except as used in the defin ition of prog ram i ncome . 5 . No n-Federal e ntity . a . A state . local government, Indian tribe , institutio n of hi g her education , or nonprofit· organization that carries out a Federal award as a recipient or subrecip ient. 6 . Pass-t hro ug h entity . a. A no n-Federal entity that provide a subaward to a s ubrecipient to carry out part• o f a Fede ral program . 7. Period of performance . a . The l ime durinq wh ic h th e non -Federal entity may incur new ob li gat ions to carry· out the work authorized under the Federal award. T he Federal awa rd ing agency or pass-through en tity must l nclu.de start and end dates of the period of performance in the Federal award . 8 . Prog ram Income . a . Gross income earned by the no n-Federal entity that is di rectly generated by a· supported acliv lty or e arned as a result of the Fed era l award during the period or performance . Progra m income includes but is not limited to income from fees for services performed , the use or rental or rea l or personal pro p erty acquired under Federal awards , the sale of com modi ties o r ite ms fabricated under a Federal award , license fees and ro y alties on patents and cop y ri g hts , and principal and interest on loans made with Federal awa rd funds. Interest earned on advances of Federal funds is not pro g ram income. Except as otherwise provided in Federal statutes. regulations. or t he te rms and conditions of the Federal award , program i ncome does not include rebates . c redits . discounts, and inte rest earned on a ny of them. 9 . Project cost. a . Total allowable costs incurred un der a Federal award and all required cost· sh a ring and volu ntary committed cost sharing. incl ud ing th ird-party contributions. 10 . Recipient. a . A non-Federa l entity thaf receives a Federal award directly from a Federa l· awarding agency to carry oill an activ ity under a Federa l program .. 11 . Subaward. a . Awa rd provided by a pass-through entity l o a s ubrecipient fo r the subrecipieot to· carry oul part of a Federal award received by the pass-through entity . lt does not Include Ravments to a cont ractor or payments to an ind iv idual that Is a beneficiary of a Federa l program . A s u baward may be provided th rough any form of lega l agreem ent. includ ing an agreement that the pass-through enlily considers a contract. 12 . Subrecipient. a A non -Federal entity thal receives a subaward from a pass-th rough entity to carry· out part of a Federal pro g ram; but does not include an individual that is a beneficiary of such prog ram . A subrec ip ient mav also be a recipient of other Federal awards directly from a Federal award ing agency. B. Addi t ional Procurement Procedures 1 In additi on to lhe purchasing polic ies and procedures m Sections I through V II , the · fo ll owing procedures Wil l apply ., a. No employ ee . officer. or a g ent may p artic ip ate in the selection , award , or· 45 86 44 26 .1 Formatted: List Paragraph, Space After: 0 pt, Outline numbered + Level: 3 + Numbering Style : a, b, c, ••. + Star at: 1 + Alignment: Right+ Aligned at: 0.5'' + Indent at: 0.63 " Formatted: List Paragraph, Space After : 0 pt, Outline numbered + Level: 3 + Numbering Style : a, b, c, ·-+ Star at: 1 + Alignment: Right + Aligned at: 0.5'' + Indent at: 0.63" Formatted: List Paragraph, Space After : O pt, Outline numbered + Level: 3 + Numbering Style: a, b, c, ... + Star at: 1 + Alignment: Right + Aligned at: 0.5'' + Indent at: 0.63" Formatted: List Paragraph, Space After: 0 pt, Outline numbered + Level: 3 + Numbering Style : a, b, c, ... + Star at: 1 + Alignment: Right + Aligned at: 0.5" + Indent at: 0.63" Formatted: List Paragraph , Space After : O pt, Outline numbered + Level : 3 + Numbering Style : a, b, c, ... + Star at : 1 + Alignment: Right + Aligned at: 0.5" + Indent at: 0.63" Formatted: List Paragraph, Space After : 0 pt, Outline numbered + Level: 3 + Numbering Style : a, b, c, ... + Star at : 1 + Alignment: Right + Aligned at: 0.5" + Indent at: 0.63" Formatted: Outline numbered + Level : 3 + Numbering Style : a, b, c, ... + Start at: 1 + Alignment : Right + Aligne< at: 0.5'' + Indent at: 0.63 ", Tab stops : Not at_l_" __ Formatted: Font: (Default) Arial Formatted: List Paragraph , Space After : 0 pt, Outline numbered + Leve l : 3 + Numbering Sty le: a, b, c, ... + Star at: 1 + Alignment: Right+ Aligned at: 0.5" + Indent at: 0.63 " I Formatted: List Paragraph, Space After : 0 pt, Outline numbered + Level: 3 + Numbering Style : a, b, c, ... + Star at: 1 + Alignment: Right + Aligned at: 0.5" + Indent at: 0.63" Formatted: List Paragraph, Indent: Left : 0.63", Space After: 0 pt I Formatted: Font: Bold Formatted: List Paragraph, Space Afte r: 0 pt, Outline numbered + Level: 1 + Numbering Style : A, B, C, ... +Sta at: 1 + Alignment: Left+ Alig ned at: O" + Indent at: 0.2 Formatted: Font: (Default) Aria l, 12.5 pt I Formatted: List Paragraph, Space After : 0 pt, Outli ne numbered + Level: 2 + Numbering Style : 1, 2, 3, ... + Sta at: 1 + Alignment: Left+ Aligned at: O" + Indent at: 0.2 Formatted: Font: 12 pt I Formatted: Font: (De fau lt) Arial, 12.S pt I Formatted: List Pa;agraph, Space After : 0 pt, Outline numbered + Level: 3 + Numbering Style : a, b, c, ... + Star at: 1 + Alignment: Right+ Aligned at: 0.5" + Indent at: 0.63" ATTACHMENT 12 80 8 1 82 83 84 85 86 87 88 89 90 I 91 I 92 93 I 94 I 95 (' 96 97 98 99 oo I Ot I 02 I 03 t 04 ( 05 l 06 l 07 l 08 I 09 I 10 I II I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 administration of a con1racl supported by a Federal award 1r h e or she has a re al or apparent conflict of interest. Such a conflict of i n teres t wou ld arjse when the employee. officer. or agent. any member of his or h e r immediate fam ily , h is o r her partner. or an organization which e m p loys or Is about to employ any of the parties i nd icated herein , has a financial or other Interest in or a tangible personal benefit from a firm considered for a contract. Di sciplinary actions und er Ru l e 11 of the Personnel Rules will be applied fo r violations of such standards by officers , employees. or agents of the non - Federal entity. -+l:lfee-fAtem:la t-@fiGe=et10te·6--ffH,Jst--Ge-se liGlte&-fer~ases-ave~ e*GAAl:-flliriAg.-ae r:ioos-ef-aA-em 0ffiSAGV as-9eflAeel-E1>t-!A~S=f*)ltG1; OF a pWlis ffi<i AAfiG v-=tAal-Fe{Jt1li:es-er-tlemaAGs-iffif'Aeeifa:te-ai€1-ei:-astiei')., b . ,Procurement usi ng the forma l bidding or formal RFP/RFQ procedures must· be fo llowed for purchases over $250.000 , excep t durin g peri ods o f an e m ergency as defined by th is pol icy or a publi c exigency tha t requ ires o r d emands i mmediate a id or action.,.. c . Formal bidding is the preferred method for p rocuring construction when the procurem en t l ends i tself to a Firm fixed price contract and th e selection of the successful bidder can be made princlpal ly on !he basis of to west respo nsi ve and responsible bidder .• d . Procurements must take l he follow ing steps to assure m inority businesses . women's business enterprises, and labor surplus area firms are used when possible: 1 . Placing qua lifie d smafl and minority bus inesses and women's bus iness enterpr1ses on so li citation lists: 2. Assuring Iha small and m inority businesses, and women 's bus iness enterprises are so licited wheneve r they a re potentia l sources; 3. Divid ing tota l requ ireme nts, when econo mically fea s ble. rnt o smaller tas ks or quanti ties to permit maximum participation by sma)! and mino ri ty busjnesses . and women 's business enterprises; 4 . Establlsh l nq de livery schedules, where Lhe requ i re.menl permlls . which encourage oarti c i patjon by sma ll and minority businesses . and women 1s business enterp rises ; 5. Using the services and assistance. as appropriate. of such organizations as the Small Business Administration and the Minority Business Deve lopment Agency or th e Departmen t o f Commerce; and 6. Requiring the pri me contrac to r . If subcontracts are to be let . to· take the affi rmati1J e steps lis ted in paragraphs 1 through 5 of this section. e . Proc u re ments, m u st avoid acqurs ition of unhecessary or d u p li ca tive items .. f. A cost or price an lysis In connection with every procurement action In excess of $250,00 0 must be ~rformed and must inclµde independent estima tes before rece iving bi ds or proposals . g Profit must be negoti ated as a separate ele ment of the price for each contract in 46 864426 . I [ Formatted: Font: 12 pt Formatted: Font: (Default) Arial, 12.5 pt Formatted: List Paragraph, Space After: O pt, Outline numbered + Level: 3 + Numbering Style: a, b, c, ... + Stai at: 1 + Alignment: Right + Aligned at: 0.5" + Indent at: 0.63" Formatted: Font: (Defa u1q Arial, 12.5 pt Formatted: Font: (Defau lt) Mal, 12.s pt Formatted: Font: 12 pt Formatted: Font: {Defaul t) !\rial, 12.5 pt Formatted: Font: 12 pt ---Formatted: Font: (Default) Arial, 12.5 pt Formatted: Font: 12 pt IF;;;:;;atted: List Paragraph, Space After: O pt, Outline numbered + Level: 4 + Numbering Style: 1, 2, 3, ... + Sta at: 1 + Alignment: Left+ Aligned at: 1.5" + Indent at: -pJ. -- r Formatted: List Paragraph, Space After: O pt, Outline numbered + Level: 3 + Numbering Style: a, b, c, ... + Stai at: 1 + Alignment: Right+ Aligned at: 0.5'' + Indent at: 0.63" (Formatted: Font: (Default) Arial, 12.5 pt j Formatted: Font: 12 pt ATTACHMENT 12 27 28 I 29 l 30 31 32 33 34 35 36 37 38 wh ich the re ls no price compeliUcn and ln all cases where co st analysis 1s performed. To esta blish a fair and re as onabl e pro 1t. cons iderat ion mu st be given to the co mp lexity of the work to be perform ed . the risk borne by the contractor , the contractor's investment. the amount of subcontractin g , the quality of its record of pas l performan ce , and in dustry prom rates in the su rro undi ng geograp hical area for similar work . h. Costs or pri ces based on estima ted cos ts fo r co ntrac ts are all owa bl e on ly to the exten t lha l the cos t accou nti ng prin ciples for determin i ng costs inc urred or cos t es tim ates inc luded i n negotiated prices comp ly with Federal cost prin cip les. 1. The cost pl us a pe rce n tage of cost and perce ntag e of co nstruction cost method s of confracti ng must no t be used . 39 SECTION 1v m -DISPOSTION OF SURPLUS PROPERTY/CAPITAL ASSETS 1740 COTHER THAN REAL PROPERTY) 1741 1742 Surplus Property Definition 1743 Supplies and equipment are considered surplus if they are no longer required by the using 1744 department, because of decreased use, poor condition, damage not worth the cost of 1745 repair, and/or obsolescence. Examples of property include small items, such as binders, 1746 calculators, and electric staplers, as well as inventoried items, such as printers, pool cars, 174 7 and desks. Property can also include capital assets, which are the items that generally 1748 have a higher unit cost and are inventoried as capital assets. Examples of capital assets 1749 are water fountains, playground equipment, and building or structural components, such 1750 as roofs, restrooms, and roadways. This definition of surplus property excludes real I 7 51 property . 1752 1753 Surplus Property DeterminationNaluation 1754 The Department Head should first determine if a supply, piece of equipment , or capital 1755 asset has become surplus, based on the definition given above. The next step is to 1756 determine the current value of the surplus property item, either from an existing source 1757 document or a reasonable estimate of replacement value , if the original source document 1758 is no longer available through the City's records management system. 1759 1760 If the current value of the surplus property item is less than $500, the Department Head 1761 or designee should bring the surplus property item directly to Finance Department in order 1762 to log its receipt, determine its disposition, and then coordinate its disposal. 1763 1764 Surplus Property/Capital Asset Disposition Form (See Appendix B) 1765 If the property item is deemed surplus and its current value is over $500, then the 1766 Department Head must complete a Surplus Property/Capital Asset Disposition form. This 1767 form is available on the City's Intranet. One copy of the form should be circulated for I 76 8 signatures. 1769 1770 On the disposition form, the Department Head should list the item's description, serial 1771 number, fixed asset tag number (if applicable}, location, and condition. The Department 1772 Head should indicate the property's condition (good, fair, poor, or broken) and then 1773 recommend a method of disposal for the property (see the following section for 47 864426 I (Formatted: f'oflt: 12-pt, Not Bold , No underline ATTACHMENT 12 1774 descriptions of disposal methods). After selecting the recommended action and noting 1775 any other comments, the Department Head must sign and date the Surplus 1776 Property/Capital Asset Disposition form and forward it to the Purchasing Officer. 1777 1778 Methods of Disposal 1779 There are several ways to dispose of surplus property , includ ing: 1780 • Transfer to another department; 1781 • Trade in for new material, equipment or credit ; 1782 • Sell; 1783 • Donate; or 1784 • Scrap. 1785 1786 Transfer to another Department 1787 Departments can transfer surplus property to one another , subject to the approval of both 1788 of the Department Heads affected by the transfer. If the current value of the item is $500 1789 or above , the department transferring out the property should initiate a Surplus 1790 Property/Capital Asset Disposition form and both Department Heads should sign the 1791 form . If a fixed asset is being transferred (unit price of $2 ,000 and above), the Accounting 1792 staff will record the new location of the property in the City's fixed asset system. 1793 1 794 Trade-In 1795 Surplus property can be offered as trade-in for new equipment or material or for credit 1796 towards the acquisition of new property. If the current value of a surplus property item 1797 slated for trade-in is $500 or over, then a Surplus Property/Cap ital Asset Disposition form 1798 should be completed. The estimated trade in value of the surplus property or capital asset 1 799 should be noted on the Surplus Property/Capital Asset Disposition form and on the 1800 purchase order issued for any new property resulting from the trade in. 1801 1802 Selling Surplus Property 1803 Surplus property may be offered for sale. All surplus property is for sale "as is" and "where 1804 is ," with no warranty, guarantee, or representation of any kind , expressed or implied, as 1805 to the condition, utility or usability of the property offered for sale. For any sale of surplus 1806 property with a current value of $500 or above, the Department Head should indicate on 1807 the Surplus Property/Capital Asset Disposition form the recommended selling method 1808 and any other notations in the Department Head approval. Appropriate methods of sale 1809 are as follows : 1810 1811 a. Public Auction -City staff may conduct public auctions or the City may contract 1812 with a professional auctioneer and/or an Internet auctioneer for this service. 1813 1814 b. Sealed bids -Sealed bids may be solicited for the sale of surplus property. 1815 Surplus property disposed of in this manner shall be sold to the highest 1816 responsible bidder. 1817 1818 c. Negotiated Sale -Surplus property may be sold outright if the Purchasing 1819 Officer determines that only one known buyer is available or interested in 1820 acquiring the property. 48 864426 I ATTACHMENT 12 1821 1822 d. Selling to City Employees -If recommended by the Purchasing Officer and 1823 approved by the City Manager, certain surplus property items may be offered 1824 for sale to City employees on an exclusive basis or in conjunction with sales to 1825 the public; however, those employees whose job responsibilities involve central 1826 purchasing administration and/or functional control over the surplus property 1827 are not permitted to participate in such sales. 1828 1829 e. Selling as Salvage -Equipment, materials, supplies, fixtures, or facility 1830 components that are no longer capable of performing their intended function 1831 without extensive repair, or that are of no value except for reclamation 1832 purposes, may be considered salvage. Surplus property may be sold as 1833 salvage if the Purchasing Officer deems that the value of the raw material 1834 exceeds the value of the property as a whole . 1835 I 836 Donation of Surplus Property 1837 The Department Head may recommend and the Purchasing Officer may authorize, 1838 subject to the approval of the City Manager, the donation of surplus property to a non- 1839 profit organization or school district located or operating in San Juan Capistrano or, I 840 secondarily, to any other non-profit organization or private organization that provides 1841 assistance to nonprofit organizations. If surplus property has been approved for donation, 1842 the Purchasing Officer will notice the availability of such property for donation, indicating 1843 the quantity, description, and location of the surplus property, by one or more of the 1844 following methods: in a local newspaper and on the City's web site. This notice will also 1845 indicate a closing date for the receipt of all requests for donation and indicate the way in 1846 which interested parties can receive additional information. 1847 1848 Requests for donation will be accepted on a first-come , first-serve basis. The Purchasing I 849 Officer will send a letter to the non-profit organization( s) or school district( s) that respond 1850 to the notice to advise them of the City's terms and conditions of the donation. The terms I 851 and conditions that the requesters must meet are: ( 1) accepting the property "as is," with 1852 no implied warranties, (2) stating an immediate need for the property and putting it into 1853 immediate use; (3) agreeing that the property will not ever be sold or otherwise transferred 1854 for profit; and ( 4) assuming all costs and liability associated with the removal and 1855 transportation of the surplus property from the City. A return letter, signed by an 1856 authorized agent from the non-profit organization or school district, accepting the City's 1857 terms and conditions is required before the surplus property can be released. 1858 I 859 If, in the opinion of the Purchasing Officer, the donated property has a current value of I 860 less than $1,000, then the City Manager can approve the release of the property to the 1861 recipient(s) that meet the above criteria and agree to the City's terms and conditions. If, 1862 in the opinion of the Purchasing Officer, the donated property has a current value of I 863 $1,000 or more, the Purchasing Officer will prepare a report to identify the specific 1864 property to be donated, the estimated current value of the property, and the proposed 1865 recipient(s) of the property for approval by City Council. After City Council's approval, the I 866 surplus property approved for donation may then be released . 1867 1868 The department from which the donated property is being taken should remove any fixed 49 864426 I ATTACHMENT 12 1869 asset or San Juan Capistrano property tags before the property is officially transferred to 1870 the recipient organization(s). 1871 1872 Scrap/No Value Item 1873 Scrap, as one method of surplus property disposal, essentially means throwing an item 1874 into the trash. Scrap is recommended only after determining that none of the other 1875 methods of disposal -selling, exchange, trade-in, donation, or salvage -is feasible. 1876 Broken items that can be repaired economically will be fixed and returned to the using 1877 department. For any broken or inoperable piece of property that, based on the 1878 recommendation of the Department Head and the judgment of the Purchasing Officer, 1879 cannot be economically repaired, traded in, sold, auctioned, donated or salvaged, the 1880 item may be scrapped, regardless of the original purchase price. 1881 1882 If the Department Head or designee recommends that an unbroken surplus property item 1883 with a current value below $500 or several unbroken surplus property items with a 1884 collective current value below $1,000 be scrapped, then he/she should bring the item(s) 1885 directly to the Purchasing Division for disposal. If the surplus property is obsolete or 1886 nonfunctional and cannot be traded in, sold auctioned, donated or salvaged, the 1887 Purchasing Officer, with the approval of the City Manager, may scrap such surplus 1888 property. 1889 1890 If a surplus property item recommended to be scrapped is not broken and has a current 1891 value equal to or above $500, or for multiple items, a combined current value equal to or 1892 above $1,000, then the Department Head must complete a Surplus Property/Capital 1893 Asset Disposition form. Under these conditions, especially if City staff will directly dispose 1894 of the item(s), Council approval to scrap will also be required. If City staff does not directly 1895 scrap this category of surplus property but a contractor is instead hired to remove and 1896 replace the property, then the disposal method is considered to be a trade in, not scrap, 1897 and the City Council approval requirement does not apply. 1898 1899 For multiple items proposed to be scrapped, the size of the lot and thus the total current 1900 value will be based on the items and values entered on the Surplus Property/Capital Asset 1901 Disposition form(s) submitted by the department. Splitting of surplus lots on these forms 1902 to avoid the City Council reporting requirements is prohibited. 1903 1904 The report to City Council to request approval to scrap will be prepared by the Purchasing 1905 Division after receipt of the completed Surplus Property/Capital Asset Disposition form. 1906 Once City Council approval is granted, the Purchasing Officer will then scrap the item(s). 1907 1908 Purchasing Officer's Review and Final Disposition 1909 In the case of surplus property items with a current value below $500 for a single item or 1910 below $1,000 for multiple items within one lot, the departments do not have to complete 1911 a Surplus Property/Capital Asset Disposition form. Instead, the departments will 1912 physically bring the items to the Finance Department. Finance Department will receive 1913 these items from the department, and the Purchasing Officer will determine the best 1914 method for disposal of these items. A description of these surplus property items, as well 1915 as the date received from the departments, the disposal method, and the disposal date 1916 will be recorded on a surplus property log maintained by Finance Department. 50 864426.1 ATTACHMENT 12 1917 1918 For all surplus property items with a current value equal to or above $500 for a single item 1919 or equal to or above $1,000 for multiple items within one lot, the Purchasing Officer will 1920 review the department's completed Surplus Property/Capital Asset Dispos ition form , 1921 concur with or recommend an alternate action, and then forward the form to the City 1922 Manager for approval. The Purchasing Officer will also ascertain whether City Council 1923 approval is required to donate or scrap surplus property items , depending on the current 1924 value of the items listed on the form. If further City Council action is required, then the 1925 Purchasing Officer will indicate that a report to City Council for final approval will be 1926 necessary. After the City Manager has approved the Surplus Property/Capital Asset 1927 Disposition form, it will be returned to the Purchasing Officer for either preparation of a 1928 report to City Council, if needed , or for final disposition of the property. 1929 1930 After the disposal of the surplus property, the Purchasing Officer will complete and sign 1931 the Surplus Property/Capital Asset Disposition form, noting the date, disposal method, 1932 and any proceeds received , ifthe property was sold . The Purchasing Officer will also note 1933 the date that City Council approved the donation or scrapping of surplus property if that 1934 level of approval was required. 1935 1936 After all signatures have been obtained, a copy of the form will be sent to the initiating 1937 department and to the Accounting Division, which will remove any surplus property items 1938 that had been classified as fixed assets from the City's Fixed Asset Records. Purchasing 1939 will keep the completed original form on file. 1940 1941 Proceeds 1 942 Any proceeds received from the trade-in or sale of surplus property will be credited to the 1943 General Fund or the Facilities Operations Fund as appropriate . 1944 1945 51 864426.1 ATTACHMENT 12 1946 APPENDIX A -PURCHASING AUTHORITIES 1947 1948 Uniform Public Construction Cost Accounting Resolution 06-09-19-04 approved 1949 September 19, 2006 1950 864426 .1 RESOLUTION NO. 06-09-1~ o~ A RESOLUTION OF THE CITY COUNCI L OF THE CITY OF SAN .IUAN CA.PlSTRANO, CAUF~Nll\. ELEC'llNG F~ Tl1E CITY TO eECOt.Ae SUBJECT TO THE U'f(ORM PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDU~ WMER •AS . p(l()( !O 1he passage of Assemllly BUI o. 1666. Cllapt:er 1054 . Statmes of 983 . Mild! lidded Chaptar 2. CQllJITloncing wll S IC11 :nooo !O Part 3 or DM~u"' 2 (I I the Public C'..o ntred Code. s ng did not PfO"lide a unif~rm 00111 sccoonimg s1arida rd for COll.'llnid1nn wm peffe<mctd or oonlrac:tea by ~ putlllC agencies: and , I WHEREAS, Pu bte Contr.KI Cods Section 22000 et seq __ I.he Unrror Public Conl>'lr\lclqn co l AccounUog 1'4 U1e ·At:I·) 11ata1>11!1W.!S sudl a unifonn oost aooount1n standard ; and Nl-IEREAS. Tho Cifrtomlll Unifllflll Public Conslnll!1 1 Co~l Ai!i:curnlng C<Jmn~lo n (U11; "Com~slcn 'I estabUs!'.ed under lhe AcL has developed uniform public co:s1 aa;o ulMing proc~r&G fOf rnplom9'1U>tion by local PIJl;k ~"" in tne perl0<ma of 0< In lhe oo nlfac1 ng for c:o nsttucoon of public p«>)9cl5 O'W . THEREFORE. BE RESOlVED. !hat th City Co11 nr,ll of lh Cff?' or S\ln Ju~ri ClplW.O "°'' hereov el~ es loll ow5 sECl 10 . fhe Clty Cou11e~ ol !tie C o S11n Juan Capetra no hereby aleaa undor Pub lic Contrael CodO Sacboo 22030 to bec:o mo ubjCCJ IO tho ur>iform public; conll1ruCllon cxiBI acc:oun1ing ptoc:edute!I. 9111 forth in the Act end In the Convnia&ion'a p0litieB and pl'OQldures manual and 008' 1ccou,..lng rtvlew ~res. as they ITllY eadl from time ID ~ma be miended. S!CTION 2. The City Cler11: 41 he reby diractlld to (a) notify the state of Cairom!a Conlrolll!f In 1111rlllng of dle City of San JUlln c,,piatranc)'s eiec&n to becQme g~bjact to lh~ ur1ifoon publl!; com; ru<:bon roil ao.:ou 111ing procedures and (b} 1 a C<:9Y ot U11; R&!lolullon -. th ihe Stat 11' CaUfo 1nl Conlrllll&r at lhe foOoiwing add ress. 0 1 ce o Slat• Controlltr, Division of Acroul\mg •nd Reporljrlg, ~ Gov.Inmont PoliCiH Secllon, P.O. Box 9428!50. Sacrama(l.lo . CA. 04250. ····x I of2 91]912006 52 ATIACHMENT 12 1951 1152 I 53 l 54 I 55 I 56 I 57 1958 864426.1 PASSEO. APPFtOveo. AlllO ADOPTED 1hia 1 ~ day ol S.ptumber 2006. ATIEST: I ,..,,-:_'?;, U . { f (v ' -- /\R E R MONAHAN, CITY CLERK -- STAlE OF CALIFORNIA ) COUNTY OF ORAAGE ) ss. CllY OF SAN JUAN CAPIS'f'FV.lllO ) I, VAAGARET ~ \IOlllAHAN i1P nl Co~/ Ctar< of t11<1 Cly of Sllll Ju ao C&pilillaf'IO, Ocll)efO by '1Jfldy Iha tM lo 'OllOi"ll Rosolutlan No. 06.09·19-04 ...it!d u'f sd llfl lllOtl)'ln Cjly Couno l otlhaCliyo f 8'1 .l""'1 Cap.Wa no a ~l&f meeQng lhl'foo l la t.he $" dQya f S.:p 1cm:ier 2006, by 116 IOllO'A1ng vota r.\AA1)ARE r R l.IO NA ! . ..) ·· · 2 of2 9119/2006 53 ATTACHMENT 12 CITY OF SAN JUAN CAPISTRANO 2 CITY COUNCIL POLICY 126 3 (Revised June 4, 2019) 4 5 6 SUBJECT: PURCHASING POLICES AND PROCEDURES 7 Effective: August 2, 2019 8 Policy Number: City Council Policy No. XXX, replacing previous City Council Policy No. 9 126, City Council Policy No. 112 and Administrative Policies 504 , 507 , and 510 IO 11 Contents 12 SECTION I -GENERAL INFORMATION ....................................................................... 3 13 A Glossary of Terms -The words defined in this Section shall have the meaning 14 set forth below whenever they appear in this Policy: ............................................ 3 15 B. Purpose and Goals ............................................................................................... 7 16 C . Roles and Responsibilities ................................................................................... 7 17 D. Purchasing Cycle .................................................................................................. 8 18 E. Purchase Orders .................................................................................................. 9 19 F. Signature Authorization within Departments ......................................................... 9 20 G. Ethics .................................................................................................................. 10 21 H. Emergency Purchases ....................................................................................... 12 22 I. Recycled Products .............................................................................................. 13 23 J. Energy Efficient Products ................................................................................... 14 24 K. Local Bidders ...................................................................................................... 15 25 SECTION II -MINOR PURCHASES ............................................................................ 16 26 A . Petty Cash .......................................................................................................... 16 27 B. Credit or Procurement Cards .............................................................................. 17 28 C . Check Requests ................................................................................................. 18 29 SECTION Ill -GOODS , SUPPLIES, EQUIPMENT, AND MATERIALS ........................ 18 30 SECTION IV -SERVICE CONTRACTS (PROFESSIONAL AND MAINTENANCE) .... 20 31 SECTION V -PUBLIC WORKS PROJECTS ............................................................... 23 32 SECTION VI -CHANGE ORDERS FOR PUBLIC WORKS PROJECTS .................... 27 33 SECTION VII -BIDDING PROCEDURES .................................................................... 28 34 A Introduction to Bidding Procedures ..................................................................... 28 35 Overview ............................................................................................................ 28 36 Documenting the Bid Process ............................................................................ 28 864426.1 1 ATTACHMENT 13 37 B. Qualified Bidder List ........................................................................................... 29 38 C. Informal Solicitation of Qualifications (SQQ) ....................................................... 30 39 D. Lowest Responsible (Responsive and Qualified) Bidder .................................... 31 40 E. Informal Quotes .................................................................................................. 32 41 F. Formal Request for Proposal or Request for Qualifications (RFP/RFQ) ............. 32 42 G. Informal Bid Process .......................................................................................... 37 43 H. Formal Bid Process ............................................................................................ 37 44 I. Exceptions to Competitive Bidding Requirements .............................................. 40 45 SECTION VIII -FEDERAL PROCUREMENT .............................................................. 42 46 SECTION IV-DISPOSITION OF SURPLUS PROPERTY/CAPITAL ASSETS (OTHER 4 7 THAN REAL PROPERTY) ............................................................................................ 42 48 APPENDIX A -PURCHASING AUTHORITIES ............................................................ 50 49 Uniform Public Construction Cost Accounting Resolution 06-09-19-04 approved 50 September 19 , 2006 ........................................................................................... 50 5 1 52 864426 .1 2 ATTACHMENT 13 53 SECTION I -GENERAL INFORMATION 54 55 A. Glossary of Terms -The words defined in this Section shall have the meaning set 56 forth below whenever they appear in this Policy: 57 58 Amendment shall mean a properly executed written Contract entered into and 59 between the City and a Contractor covering modifications to the original Contract and 60 which may result in adjustments to provisions of the Contract, including, but not limited 6J to, terms, compensation, and/or period of performance. 62 63 Bid Recap Form shall mean the form required by the Finance Department to initiate 64 Purchase Orders that exceed certain dollar thresholds, and which is used to 65 demonstrate that the Procurement is carried out in a manner that is consistent with 66 this Policy. 67 68 Budgeted shall mean the amount of appropriations within a fund adopted for 69 expenditure by the City Council. 70 71 CalCard (Credit Card) shall mean the City issued credit cards provided as a method 72 to procure budgeted low value items, typically up to $500, similar to the process for a 73 check request or petty cash reimbursement. 74 75 Change Order shall mean a properly executed written order entered into and 76 between the City and the Contractor, or unilaterally issued by the City, covering 77 modifications to the Contract, which may result in changes to the scope of work, 78 contract amount, requirements, and/or period of performance. 79 80 Check Request shall mean a request for a check issuance for purchases of $10,000 81 or less, or where a Purchase Order would not be expedient. 82 83 Chief Financial Officer shall mean the Department Head for the Finance 84 Department, or his or her designee. 85 86 City Manager shall mean the City Manager of San Juan Capistrano, or his or her 87 designee . 88 89 Contract shall mean any type of agreement for the purchase of goods and/or 90 services. Contracts may be referred to in various ways, including "contract," 9 1 "agreement," purchase order" and "task order." 92 93 Contract Transmittal Form shall mean a form containing a checklist of all 94. required documentation for the procurement of Goods, Supplies, Equipment, and 95 Materials or Service Contracts. 96 97 Contractor shall mean any person or entity that has a contract with the City . 98 99 864426 .1 3 ATTACHMENT 13 100 Department Head shall mean the person tasked with the responsibility for the day- 101 to-day operation of a department, including managing staff and developing plans in 102 collaboration with the City Manager for the future of the organization, or his or her 103 designee. 104 105 Emergency shall mean a sudden, unexpected occurrence that poses a clear and 106 imminent danger, requiring immediate action to prevent or mitigate the loss or 107 impairment of life, health, property, or essential public services. 108 109 Emergency Purchase Authorization Form shall mean the form required for a 11 O Department Head to declare the need for an Emergency purchase. 111 112 Encumbrance shall mean the estimated amount set aside from the budget for a 113 particular Procurement. 114 115 Fee Recovery Ve n dors shall mean vendors on the Qualified Bidders list retained for 116 development projects, and who are paid by developers (examples: outside EIR, plan 117 check review). 118 119 Finance Department shall mean the department so designated by the City Manager 120 to be responsible for the day-to-day administration of the City's purchasing policies 121 and procurement procedures. 122 123 For mal Bid Process shall mean the public bidding process used for purchases of 124 goods, supplies, equipment, materials or services. The process requires a public 125 notice inviting bids, availability of specifications, bid opening, determination of lowest 126 responsive and responsible bidder, awarding of the bid, and public access to the 127 results of the process. 128 129 Forma l Requ est for Proposal (RFP)/ Request for Qualification (RFQ) shall mean 130 a selection process designed to ensure that the City has engaged the most qualified 131 consultant available for the services to be provided. 132 133 Goods, Supplies , Equipment an d Materia l s shall mean fixed, movable, disposable, 134 and/or reusable products, commodities, or items used by the City, including, but not 135 limited to, office supplies, program supplies, subscriptions, vehicles, fuel and vehicle 136 supplies, tools, computers, computer hardware and software, landscape and irrigation 13 7 supplies, power tools, janitorial supplies, office furniture, and fixtures, which shall be 13 8 furnished to or used by any department. 139 140 Informal Bid Process shall mean a bidding process used, when applicable, for 141 purchases of goods, supplies, equipment, materials or services. The process 142 requires a notice inviting informal bids, which shall be mailed to contractors on the 143 Qualified Bidders List and, where applicable, advertised in designated construction 144 trade journals, availability of project details, bid opening, determination of successful 145 bidder, and awarding of the contract. 146 864426 1 4 ATTACHMENT 13 147 Informal Quote shall mean a selection process used to assure the most competitive 148 price is received for an item, while avoiding the additional time and expense involved 149 in formal bidding. 150 151 Informal Solicitation of Qualifications (SQQ) shall mean the process that 152 establishes criteria for evaluating firms that request placement on the City's Qualified 153 Bidders List. 154 155 Maintenance Services shall mean the furnishing of labor, time, or effort by a 156 contractor including, but not limited to (a) routine, recurring, and usual work for the 157 preservation or protection of a publicly-owned, or publicly-operated facility for intended 158 purposes; (b) minor repainting; (c) resurfacing of streets and highways at less than 159 one inch (1"); (d) landscape maintenance, including mowing, watering, trimming, 160 pruning, planting, replacement of plants, and servicing of irrigation and sprinkler 161 systems; and (e) work performed to keep, operate and maintain publicly-owned water 162 or waste disposal systems. 163 164 New Vendor Application Form shall mean a form required of all new vendors that 165 provides pertinent information, including information for the issuance of a federal W9 166 Request for Taxpayer Identification Number and Certification form. 167 168 Non-Fee Recovery Vendors shall mean vendors on the Qualified Bidders List that 169 have no offsetting revenue from developers. 170 171 Originating Department shall mean any department requiring goods, supplies, 172 equipment, materials, services, and/or construction procured. 173 174 Petty Cash shall mean a cash disbursement for authorized expenses up to a 175 maximum of $50.00 for such items as emergency supplies and tools not readily 176 available, or an approved meeting attendance. 177 178 Procurement shall mean the buying, purchasing, renting, leasing, or otherwise 179 acquiring of any goods, supplies, equipment, materials, services, and Public Works 180 projects. Procurement shall also include all functions that pertain to the obtaining of 181 any goods, services, or construction, including description of requirements, election 182 and solicitation of sources, preparation and award of contract, and all phases of 183 contract administration. 184 185 Professional Services shall mean those services provided by any specially trained, 186 educated, experienced or licensed person, company, corporation, or firm, and which 187 involve the exercise of discretion and independent judgment together with an 188 advanced or specialized knowledge, expertise, training, or unique skills gained by 189 formal studies or experience. 190 191 Professional Services Agreements (PSA) shall mean Contracts negotiated for 192 professional services, which are based on demonstrated competence, and 193 professional qualifications for the services required. 194 864426 .1 5 ATTACHMENT 13 195 Public Works Projects shall mean construction, reconstruction, erection, alteration, 196 renovation, improvement, demolition, and repair work involving any facility owned, 197 leased, or operated by the City as defined in California Public Contract Code section 198 22002, or as subsequently amended. The definition also includes painting/ repainting, 199 plumbing, electrical wiring, and/or other trade work for any facility owned, leased or 200 operated by the City. Construction, erection, improvement, or repair of dams, 201 reservoirs, and electrical transmission lines of 230,000 volts and higher that are owned 202 by the City, are also considered a Public Works project. 203 204 Purchase Order (PO) shall mean a commercial document issued by a buyer to a 205 seller, indicating types, quantities, and agreed prices for products or services the 206 seller will provide to the buyer. 207 208 Qualified Bidders List shall mean one list for ongoing service requirements for the 209 same or very similar services, including maintenance services, professional services, 21 O and qualified construction contractors, categorized by the type of product sold or work 211 performed for use in soliciting bids. 212 213 Request for Purchase Order Modification (POM) Form shall mean a form that is 214 transmitted to the Finance Department to request a change in the amount 215 encumbered for a Purchase Order. 216 217 Requisition shall mean a document making a demand for goods, supplies, 218 equipment, and materials and quoting proper authority for the demand, funds, delivery 219 date, quantities, etc. 220 221 Responsible Bidder shall mean a bidder who has demonstrated the attribute of 222 trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily 223 perform the work proposed. 224 225 Responsive Bidder shall mean a bidder who has submitted a bid which conforms in 226 all material respects to the Notice Inviting Bids. 227 228 Sole Source shall mean an award for a commodity or service that can feasibly be 229 obtained from one source only. 230 231 Surplus Property means property, other than real property, no longer needed by City 232 departments for its operations, obsolete property, property in poor or non-working 233 condition, or property that is a by-product (i.e., scrap metal, used tires, oil, etc.). 234 235 Uniform Public Construction Cost Accounting (UPCCA) shall mean the provisions 236 of the Public Contracts Code Sections 22010 through 22045 (PCC 22010-22045), and 23 7 any subsequent amendments. 238 864426 .1 6 ATTACHMENT 13 239 B. Purpose and Goals 240 This Purchasing Policy ("Policy") sets forth a centralized system and outlines the 241 authorities and responsibilities of the Purchasing Officer or the designee to negotiate or 242 contract for professional and maintenance services, Public Works projects and to 243 purchase goods, supplies, equipment, and materials required by City departments. When 244 authorized to procure materials or professional or maintenance services, all City 245 employees shall follow this Policy to correctly and ethically process procurement and 246 ensure the efficient use of public funds. Funds for Capital Improvement projects (CIP) 247 are processed and administered by various City departments, each of which shall 248 follow applicable state and federal guidelines in the procurement of contracts and 249 Public Works projects. Direct payment by an insurer to a vendor shall be subject to 250 the requirements of said insurer and is not an expenditure of City resources subject to 251 the requirements of this policy and not recorded as such in the City's accounting 252 records or in the City's financial statements. In accordance with government 253 accounting standards, City expenditures are recorded net of insurance recovery when 254 the insurance recovery occurs in the same year as the insured loss. 255 256 The guiding principles of those involved in the purchasing function should be: 257 258 • To comply with State law, the City's Municipal Code, and the adopted budget 259 for all purchases and contracts. 260 • To procure the goods, supplies, equipment, materials and services needed by 261 the departments at the lowest possible cost, taking into consideration quality, 262 service levels, and time constraints. 263 • To act in a professional and ethical manner. 264 C. Roles and Responsibilities 265 266 Procuring Department Responsibilities 267 • To anticipate requirements sufficiently in advance to allow adequate time to 268 obtain goods and services in accordance with best purchasing practices. 269 • To not split orders for the purpose of avoiding purchasing requirements. 270 • To provide detailed, accurate specifications to ensure goods and services 271 obtained are consistent with requirements and expectations. 272 • To prepare requisitions in accordance with instructions so as to minimize the 273 processing effort. 274 • To minimize emergency and sole source purchases and to provide written 275 documentation when such purchases may be necessary. 276 • To complete the Contract Transmittal Form to ensure that a vendor complies 277 with all contract requirements (insurance certificates, business license, etc.) - 278 See Contract Transmittal Form in Appendix B. 279 • To consider the use of recycled products when it is practical and economically 280 feasible. 281 864426 1 7 ATTACHMENT 13 282 Finance Department Responsibilities 283 Pursuant to the City Municipal Code, the City Manager, or the City Manager's designee, 284 shall serve as the Purchasing Officer. The City Manager has designated the Chief 285 Financial Officer to serve as the Purchasing Officer. 286 The Finance Department has overall responsibility for the procurement of business service 287 supplies, the administration of the purchasing policies, and the management of surplus 288 City property, not including real property. Other purchasing responsibilities are: 289 290 • To ensure full and open competition on all purchases as required by this Policy. 291 • To coordinate vendor relations, locate sources of supply and evaluate vendor 292 performance. 293 • To recommend revisions to purchasing procedures when necessary and keep 294 informed of current developments in the field of public purchasing. 295 • To prescribe and maintain all forms and records necessary for the efficient 296 operation of the purchasing function. 297 • To act as the City's agent in the transfer and disposal of surplus equipment and 298 materials. 299 D. Purchasing Cycle 300 The purchasing cycle establishes the proper steps for City staff to follow when 301 requisitioning goods, supplies, materials and equipment; Public Works projects; and/or 302 professional and maintenance service contracts. 303 The Budget 304 The first step in the purchasing cycle is the approval of the City's budget. The approved 305 budget provides authorization to the City Manager and designees to purchase the goods, 306 supplies, equipment, materials, and services listed in the line item budget document. 307 Such purchases are subject to additional rules, as set forth herein, including approval 308 limitations based on dollar amounts by Department Heads, the City Manager, or City 309 Council, and/or informal and formal bidding requirements. 31 O Method of Procurement 311 As the second step, the department will choose the method of procurement according to 312 the type of purchase, the dollar value of purchase, and the standards set forth in this 313 Policy. The different standards for procurement are set forth under the sections of this 314 Policy entitled "petty cash", "credit card", "check requests", "purchase orders", "goods, 315 supplies, equipment, and materials", "service contracts", and "Public Works projects." 316 317 Receiving and Acceptance 318 The receiving and acceptance functions represent the final phase in completing the 319 purchasing cycle. At this point, the product or service is either accepted or rejected, based 320 on the quantity, quality, and/or delivery compliance of the item(s). After this phase, 321 payment authorization can proceed. 322 864426 .1 8 ATTACHMENT 13 323 E. Purchase Orders 324 The purchase order (PO) is the primary and preferable procurement method and 325 serves as the main source of encumbering and procuring goods and services. 326 Exceptions to this rule include purchases of services, goods, supplies, equipment 327 and materials of $50.00 or less with petty cash (see Section II, Paragraph A below), 328 credit card (see Section II, Paragraph B below), and emergencies (see Section I, 329 Paragraph G below). Important to the procurement process is the system of 330 encumbrance accounting, which helps d~partments control spending on amounts 331 committed prior to the actual invoicing and payment of services. A verbal 332 commitment with a vendor and purchasing without a PO is not an acceptable 333 practice, and such transactions are voidable. 334 Generally, procurement of goods and services will require a standard City 335 agreement, which can be found on the City's Intranet. Each agreement must be 336 approved as to form by the City Attorney's Office. The PO is used to communicate 337 to a vendor the City's terms and conditions, authorize an encumbrance of City funds, 338 and serve as a contractual agreement to order goods and services. The PO is used 339 to process payment and track expenditures in the financial system. A PO shall be 340 obtained and funds encumbered for all purchases and contracts for services, goods, 341 supplies, equipment and materials exceeding $10,000. Use of purchase orders is 342 recommended for amounts smaller than $10,000 so that information regarding 343 available funds is properly reported by the City's accounting system. Purchases of 344 the same or related items in a manner that evades or appears to evade limitations of 345 a predefined limit such as a procurement card purchase limit, signature limit, or bid 346 limit, and the intentional splitting of a purchase into two or more smaller orders for 347 the purpose of evading a provision of this Policy or bidding requirement are strictly 348 prohibited. 349 350 For a PO to be issued, the requester shall first submit a copy of the Contract 351 Transmittal Form with attachments and purchase requisition to the City Clerk. The 352 requisition must be signed by the Department Head and Project Manager to 353 acknowledge the purchase. 354 355 356 Change Orders/Modifications to an Original Purchase Order 357 358 1. Change order/modification approvals to a PO are to be authorized by the 359 designated signature authority as defined in this Policy. 360 361 The amount to be approved is not a single change order, but rather, the cumulative 362 total of the original PO plus all subsequent change orders, which shall be authorized 363 by the designated signature authority as defined in this Policy. A change order request 364 must show all subsequent amounts approved on the Purchase Order Modification 365 Form (see Appendix B), the change order amount requested and the cumulative total. 366 F. Signature Authorization within Departments 367 368 1. Each Department Head shall complete and forward to the Finance Department a 864426.1 9 ATTACHMENT 13 369 Signature Authorization form, identifying those employees approved by the 370 Department Head to sign off on various financial and other administrative 371 documents. The form shall be developed by the Finance Department and updated 372 annually. 373 374 2. The form shall identify specific Departments, Divisions or Projects, the employee's 375 name and signature and list specific documents each employee is authorized to 376 sign. It is the Department Head's responsibility to keep the information current. 377 378 3. Any documents missing the appropriate signature(s) will be returned to the 379 originating department. 380 381 4. Only Regular or Probationary City employees are authorized to sign off on 382 documents obligating the City to expend public monies. Temporary or Volunteer 383 employees, or individuals under contract with the City, may be able to acquire 384 items but any receipts must be countersigned by an authorized employee. 385 386 5 . The number of authorized signatures should be kept to a minimum, to ensure 387 better control over departmental appropriations. In no event shall procurements 388 over $10 ,000 be approved by an employee other than the Department Head or 389 Acting Department Head. 390 391 G. Ethics 392 The purpose of this section is to provide a general code of conduct for all personnel who 393 may be engaged in the City's purchasing function. It is essential that all personnel 394 involved in the procurement process conduct themselves in a manner that maintains 395 impartiality and complete objectivity, to meet the continuing scrutiny of suppliers and the 396 public. In dealings with the business community, it is necessary to exercise a strict rule of 397 professional conduct to ensure that business relations are not compromised or even have 398 the appearance of being compromised. The City's reputation for fairness and integrity in 399 dealing with vendors and others must always be maintained. 400 The following are the City's standards in ethics fo~ purchasing: 401 • To buy on the basis of value, recognizing that value represents a combination 402 of quality, service and price which assures the greatest economy to the City. 403 • To recognize that permanent business relationships should be established on 404 the basis of honesty and fair dealings . 405 • To be courteous and considerate in all City dealings. 406 • To be prompt in all appointments and to negotiate with reasonable speed. 407 • To avoid statements that might injure or discredit legitimate vendors and to 408 avoid disclosure of confidential information that might give an unfair advantage 409 in a competitive business transaction . 41 O • To recognize that character is an important asset in commerce and should be 411 given major consideration in the selection of sources of goods or services. 864426 _ J 10 ATTACHMENT 13 412 • To adjust claims and settle disputes on the basis of facts and fairness. 413 • To decline politely any gratuity, rebates, kickbacks, accommodation, or other 414 unlawful consideration from any one supplier, vendor, or firm with whom the 415 City is currently doing or could potentially do business. (See also the Fair 416 Political Practices Commission guidelines in this policy.) All decisions and 417 actions regarding procurement should be based upon proper business 418 considerations, and purchasing decisions should not be influenced in any way 419 by personal obligations. 420 • To avoid the appearance of impropriety by declining to participate in the 421 selection process when there is a personal relationship with a person or 422 business entity seeking a contract with the City or where there is a personal 423 financial interest in the purchase or contract. 424 • 425 Fair Political Practices Commission (FPPC) Gift Disclosures and Prohibitions 426 The purpose of this section is to highlight FPPC regulations regarding gifts for all 427 personnel who may be engaged in the City's purchasing function, hold the office of a public 428 official or designated in the City's conflict of interest code. It is essential that all personnel 429 involved in dealings with the business community exercise a strict rule of professional 430 conduct and abide by FPPC regulations when offered a "gift." 431 Per the FPPC manual ; a "gift" is any payment or other benefit provided to you that confers 432 a personal benefit for which you do not provide goods or services of equal or greater 433 value. A gift includes a rebate or discount in the price of anything of value unless the 434 rebate or discount is made in the regular course of business to members of the public 435 (Government Code Section 82028). 436 Except as discussed below, you have "received" or "accepted" a gift when you know that 437 you have actual possession of the gift or when you take any action exercising direction or 438 control over the gift, including discarding the gift or turning it over to another person (FPPC 439 Regulation 18941 ). 440 This overview of the Fair Political Practices Commission highlights provisions of the 441 California Political Reform Act; however, you should not rely on this alone to ensure 442 compliance with the Act. If you have questions, consult the Act and FPPC Regulations, the 443 City Clerk or legal counsel , or call the FPPC's toll-free help line at 1-866-275-3772. Other 444 regulations and important information can be found at the FPPC website, 445 www.fppc.ca .gov. 446 447 Handbooks prepared by the California Fair Political Practices Commission can also be 448 downloaded from the FPPC website. The manuals used in the preparation of this 449 overview are: 450 451 • Your Duty to File : http://www.fppc .ca .gov/library/seibook9-04.pdf 452 • The Limitations and Restrictions on Gifts , Honoraria, Travel 453 and Loans : http://www.fppc.ca.gov/factsheets/qiftlocal.pdf 454 • FPPC Form 700: http)/www.fppc.ca .gov/forms/700-06 -07/Form700-06-07 .pdf 864426 I 11 ATTACHMENT 13 455 City Gift Acceptance Policy 456 457 Per Administrative Policy 207, City employees shall not accept gifts from the public or 458 from private individuals with whom the City does business. It is the responsibility of the 459 employee to return any gift delivered to them and to notify the City Manager's Office of 460 such action. Acceptance of any unauthorized gift shall subject an employee to 461 disciplinary action. 462 463 This general prohibition does not include gifts such as cookies and candies as long as 464 such relatively inexpensive expressions of appreciation are placed on a public counter for 465 everyone to enjoy. The City Manager's Office shall be promptly notified so an appropriate 466 letter of thanks can be sent. 467 468 H. Emergency Purchases 469 470 The City Manager may authorize the purchase of goods, supplies, equipment, 471 materials, and services without following the standard purchasing procedures (i.e. 472 competitive bidding) where he or she deems that an emergency exists and the public 473 health, safety or welfare of the community would be affected. All emergency purchases 474 that would otherwise require City Council approval must be submitted to the City 475 Council for ratification at the next regular City Council meeting after the purchase is 476 authorized. The City Manager must declare the need for an emergency purchase 477 using the Emergency Purchase Authorization form. This form can be found on the 478 City's Intranet and is included in the Appendix. The originator of the form should 479 describe the emergency, including its location, in the sections provided. The estimated 480 cost of the goods, supplies, equipment, materials, and/or services should be provided, 481 as well as the selected vendors based on the estimated costs given. If applicable, the 482 City Manager should also indicate on the Emergency Purchase Authorization form, 483 the date of the next City Council meeting at which time the emergency purchase can 484 be ratified. 485 486 After the Department Head of the originating department signs the form, the 487 Department Head will select the vendors to complete the necessary work. If time 488 permits and the duration of the work shall last longer than seven days, the originating 489 department will prepare two original contracts and obtain the selected vendor's 490 signatures . If time is of the essence, then a signed proposal is sufficient to submit for 491 City Council ratification, if City Council ratification is required as provided below. The 492 Department Head then submits the required requisitions, Emergency Purchase 493 Authorization form with the Department Head's signature, and the completed 494 contracts, if applicable, to the Finance Department. The Department Head shall issue 495 the notice to proceed for work up to a known or estimated amount that does not exceed 496 $25,000. The City Manager shall issue the notice to proceed for work up to a known 497 or estimated amount that exceeds $25,000 . As emergency purchases are exempted 498 from competitive bidding, no Bid Recap form is required. The Finance Department will 499 print the PO and mail it along with one original contract to the vendor. 500 501 If the emergency purchase would have otherwise required formal or informal bidding 502 procedures, irrespective of the dollar thresholds below, the originating department 864426 .1 I 12 ATTACHMENT 13 503 must obtain City Council ratification of the purchase at the next regularly scheduled 504 meeting. The originating department will prepare the Agenda Report requesting City 505 Council ratification and attach a copy of the Emergency Purchase Authorization form. 506 The originating department should retain a copy of the Emergency Purchase 507 Authorization form for its records. For Public Works projects, the originating 508 department shall comply with the requirements set forth in Section 22050 of the Public 509 Contracts Code. 510 I. Recycled Products 511 512 Solid waste management poses an increasingly difficult problem as America's 513 consumption increases and landfill space becomes scarce. As part of an effort to address 514 this issue, the City of San Juan Capistrano has developed a recycling program, both for 515 City residents, businesses, and for City employees. It is the intent of the City Council that 516 the City of San Juan Capistrano takes a leadership role not only in recycling its waste 517 products but in the purchase of recycled products for use in the delivery of City services. 518 It is the purpose of this policy to provide direction in the procurement and use of recycled 519 products. 520 521 Policy 522 523 1. It is the policy of the City of San Juan Capistrano to purchase and use recycled 524 products whenever possible to the extent that such use does not negatively impact 525 health, safety, or operational efficiency. 526 2. Purchase of products which cannot be recycled or reused is strongly discouraged. 527 3. Recycled paper shall be purchased and used in all copy machines which will accept 528 it, and shall also be used for printing purposes. City staff will encourage the copier 529 industry to develop high-speed copiers which will accept recycled paper. 530 4. City departments and divisions shall use for their stationery and envelopes, recycled 531 paper which includes both secondary and post-consumer recycled content. The 532 percentages of post-consumer and secondary content shall be spelled out in the bid 533 specifications for letterhead and other paper grades based on industry availability. A 534 recycled paper designation shall be printed on all City stationery. 535 5. City departments shall examine their purchasing specifications and, where feasible, 536 restructure them to require the use of products which incorporate recycled materials 537 in their manufacture. 538 6. A five (5%) or greater price preference shall be given to recycled products, reusable 539 products offered as alternatives to disposable products, and products designed to be 540 recycled where they are offered as alternatives to non-recyclable products. Purchase 541 of products which cannot be recycled or reused is strongly discouraged. (See 542 Municipal Code Section 3-4.403. Recycled Products). The preference percentage 543 shall be based on the lowest bid or price quoted by the supplier or suppli'ers offering 544 non-recycled products. 545 The City shall cooperate with the County of Orange, Orange County cities, and other 546 governmental agencies in the development of programs and procedures which will further 864426.1 13 ATTACHMENT 13 547 this policy. 548 549 Recycled Products Definitions 550 551 Recycled material is waste and by-products that have been recovered or diverted 552 from the solid waste stream and that can be utilized in place of raw material in the 553 manufacturing of a product. Recycled materials may consist of materials derived 554 from post-consumer waste, manufacturing waste , industrial scrap, agricultural waste 555 and other items, all of which can be used in the manufacture of new products. 556 557 Pre-consumer material or by-products are generated after the manufacture of a 558 product is completed, but before the product has reached the end-use consumer. 559 Examples of pre-consumer recovered materials include obsolete inventories of 560 finished goods, rejected unused stock, and paper wastes generated during printing, 561 cutting and other converting operations. 562 563 Post-consumer recycled materials are finished products that have served the 564 intended use and would normally be disposed of as solid waste. Examples of post- 565 consumer recovered materials include old newspapers, office paper, yard waste, 566 steel, glass, aluminum cans, plastic bottles, oil, asphalt, concrete and tires. 567 568 Criteria for Selecting Recycled Materials for Purchase 569 570 If a decision has been made to purchase recycled materials, the recommended 571 products should contain, in order of preference, the highest percentage of recycled 572 content of post-consumer recovered material available in the marketplace. 573 574 Recycled products should also be expected to perform as well as non-recycled 575 products, to be purchased at a reasonable price and to be available within a 576 reasonable time period. In addition to the recovered material content of a product, 577 important criteria in selecting products should also be the ability of the product and 578 its packaging to be reused, reconditioned for use or recycled through existing 579 recycled collection programs. Preferred products and packaging are those designed 580 to minimize waste and toxic by-products in their manufacture, use, and disposal. 581 582 Purchase of Recycled Products 583 584 Whenever printed recycled paper products are purchased, the standard phrase 585 "Printed on Recycled Paper" and/or the standard recycle logo should be included on 586 the printed product, thereby promoting the use of post-consumer content. 587 J. Energy Efficient Products 588 589 The City of San Juan Capistrano endeavors to purchase durable, low maintenance 590 energy-efficient equipment and products to reduce greenhouse gas emissions and to 59 l lower the City's cost of electricity consumption. 592 Policy 864426 .1 14 ATTACHMENT 13 593 1. All Departments are encouraged to purchase energy-consuming equipment that 594 meets either Energy Star specifications or achieve performance in the upper 25% 595 of energy-effic iency, based on criteria established by the U.S. Department of 596 Energy. Specific "Energy Star" labeled products are identified on the following 597 website: www.energystar.gov . These products must also meet user requirements 598 for quality, performance, and durability. 599 2. The equipment categories covered under this policy include , but are not limited to : 600 • Office equipment, heating and cooling equipment 601 • Exit signs 602 • Lighting 603 • Appliances 604 • Other commercial products that consume electricity 605 606 2. In addition, employees will use appliances and equipment in a manner that 607 optimizes their energy efficiency features by following manufacturer's instructions. 608 To accompl ish this policy, City employees will be educated about the economic 609 savings and environmental benefits of Energy Star compliant equipment, as well 61 O as other practices that minimize energy use. 611 612 K. Local Bidders 613 614 It is the intent of the City Council to encourage uniform bidding to obtain full and open 615 market competition . However, the City Council also recognizes that promoting the 616 economic viability of the City's local businesses is critical to economic health of the city in 617 that local businesses provide tax revenue to the city and jobs for local inhabitants. In an 618 effort to support competitive bidding and the City 's local vendors , staff is encouraged to 619 obtain bids from local qualified vendors whenever possible. 620 621 L. New Vendor Procedure 622 623 The Finance Department requires every new vendor to complete a Business License 624 Application and W9 form. The Vendor Approval Application (see Appendix B) gives 625 the vendor the opportunity to give the City correct information such as address , 626 phone and fax numbers, Taxpayer Identification number, sales representative or 627 contact name and references . It also allows the vendor to indicate the specific 628 commodities on which they wish to bid. Should a department anticipate using a new 629 resource, the vendor should complete the Vendor Approval Application and the W9 6 3 0 form and forward to the Finance Department. The Vendor Approval Application Form 631 and the W9 Form are available from the Finance Department, or they can be 632 downloaded from the City of San Juan Capistrano's web site. Upon receiving the 633 completed forms, the Finance Department will set up the new vendor in the financial 634 system. 63 5 864426.1 15 ATTACHMENT 13 636 SECTION II -MINOR PURCHASES 637 Minor purchases do not require competitive bids. The value of a minor purchase is 638 $10,000 or less. This value represents a one-time, per fiscal year purchase, or the 639 total value of multiple purchases of the same item or group of similar items throughout 640 the fiscal year. Minor Purchase Example : One Air Compressor @ $2,200. A minor 641 purchase may be a single item or a group of like items that relate to one another, e.g. 642 sprinkler bodies and sprinkler heads, waterlines, backflow devices , fencing, etc., or as 643 otherwise determined by the Department Head. Agreements to purchase, on an 644 annual basis, (annual purchase order or other form of agreement) of an item or group 645 of items that relate to one another, fall into two categories: 646 • An annual fiscal year total value for the product or non-professional service of 647 $10,000 or less will be considered a minor purchase. 648 • An annual fiscal year total value for the product or service exceeding $10,000 649 will require competitive quotes for award per this policy and are not considered 650 minor purchases. 651 A. Petty Cash 652 An employee may get reimbursed for authorized expenses up to a maximum of $50.00. 653 Eligible expenses are such items as emergency supplies and tools not readily available, 654 or an approved meeting attendance. Amounts of reimbursement will be charged to the 655 appropriate departmental account. Departments shall make deliberate effort to use City 656 issued credit cards where possible in order to minimize petty cash disbursements. 657 658 Procedure for Petty Cash Reimbursement 659 660 1. Upon purchase of an item, a receipt should be retained by the employee. 661 662 2. A Petty Cash Request form (form available from the Finance Department) should be 663 filled out by the employee specifying: 664 665 • Name of employee 666 • Date of purchase 667 • Amount of reimbursement for the item purchased 668 • Account number to which the amount should be charged 669 • Purpose of the reimbursement 670 • Approval by the Department Head or th.eir designee 671 672 Petty Cash Request forms may be obtained from the Finance Department. 673 674 3. Each department should designate in writing, in advance, one or more persons who 675 have authority to approve Petty Cash Requests. The Department Head or their 676 designee must sign approval of the Petty Cash Request form prior to submittal for 677 reimbursement. 678 679 4. The completed Petty Cash Request form and the receipt should be submitted to the 864426 1 16 ATTACHMENT 13 680 Cashier for prompt reimbursement. 681 682 5. Requests for reimbursement must be submitted within five (5) working days from the 683 date of purchase. 684 685 6. Mileage requests should be submitted monthly. 686 687 8. Credit or Procurement Cards 688 City issued credit or procurement cards are provided as a method of purchasing goods 689 similar to the process for a check request or petty cash reimbursement and are used to 690 procure budgeted low value items. The purchase order (PO) is the primary and 691 preferable procurement method and serves as the main source of encumbering and 692 procuring services, goods and materials and is recommended for all purchases. Credit 693 card purchases may include, but are not limited to, meals, meeting attendance, travel 694 arrangements, etc . The cardholder and cardholder's manager are responsible for 695 proper use of the credit or procurement card . The cardholder's manager is to designate 696 original and subsequent spending limits and types of authorized purchases. It is in 697 the City's best interest to pay the credit/procurement card billing in a timely manner 698 and avoid any interest expense. When cardholders render a timely accounting of their 699 purchases along with the receipts, the matching of the itemized billing to the 700 cardholder's records results in a time-saving process. This can minimize the amount 701 of time spent administering the account. 702 1. Use of Credit and Procurement Cards 703 704 A Division Manager or Department Head shall determine which City staff members 705 shall be assigned credit or procurement cards . The credit and procurement cards may 706 only be used for budgeted City-related business expenses. Original and subsequent 707 single and monthly transaction limits are to be authorized by the cardholder's manager 708 and in no case shall exceed $5,000 unless authorized by the City Manager. Once 709 such cards are assigned, staff shall abide by the policy set forth herein. The Finance 710 Department policies and procedures shall be adhered to according to this policy. 711 These cards may only be used by the employees they are issued to . 712 713 2. Purchases of Services 714 715 Services are typically not to be paid for with a credit or procurement card. On-site 716 services are not authorized to be ordered and paid for utilizing a credit card. Any 717 variance from this rule must be in writing from the Chief Financial Officer. Offsite 718 minor service purchases, such as printing, blade sharpening, picture framing, etc. 719 are permitted as long as the vendor is legally established as an incorporated 720 business entity. Non-Incorporated service vendors will require the use of a Purchase 721 Order and it shall be the responsibility of the Finance Department to identify non- 722 incorporated business entities. 723 3. Procedure for Payment of Credit or Procurement Cards 724 864426.1 17 ATTACHMENT 13 725 a. Upon purchase of goods or services, a receipt will be retained by the employee 726 detailing the goods and services purchased. 727 728 b. Where not otherwise evident, the employee shall indicate on the receipt how the 729 expenditure pertains to bonafide City business. 730 731 c. Each employee will receive a monthly credit card statement from the issuing bank 732 and must approve the charges as well as attach the appropriate receipts and return 733 it to the Finance Department within five working days. Goods or services ordered 734 by phone may not have receipts but should provide a brief written explanation of 735 the expenditure. 736 737 d. Failure to provide receipts or other misuse of City credit cards can result in 738 disciplinary actions as appropriate. 739 C. Check Requests 740 741 Check requests may be issued for purchases of $10,000 or less, or where a PO would 742 not be expedient. Check requests in excess of $10,000 are subject to approval by the 743 City Manager. The Finance Department may issue "off-cycle" checks under 744 circumstances where time is of the essence or for emergency purchases. As a general 745 rule, depqrtments are to plan their activities to preclude the necessity to request an "off- 746 cycle" check. 747 748 SECTION Ill -GOODS. SUPPLIES, EQUIPMENT, AND MATERIALS 749 "Goods, supplies, equipment and materials" means fixed, movable, disposable, and/or 750 reusable products, commodities, or items used by the City, including, but not limited to, 751 office supplies, program supplies, subscriptions, vehicles, fuel and vehicle supplies, tools, 752 computers, computer hardware and software, landscape and irrigation supplies, power 753 tools, janitorial supplies, office furniture, and fixtures, which shall be furnished to or used 754 by any department. In instances where goods and services are purchased together from 755 one vendor, this section shall only apply if the predominant portion of the purchase is 756 goods. For example, a purchase of equipment for $1,000 with a $300 installation fee 757 would be covered under this section of the policy. A repair of equipment for $1,000 in 758 labor and $300 in parts would be covered under Section IV -Service Contracts. 759 760 Generally, authority is established by the dollar amount of the purchase. There are three 761 levels of authority for normal purchases: DepartmenUDivision/Project Manager Award, 762 City Manager Award, and City Council Award. The following matrix provides purchasing 763 procedures when purchasing goods, supplies, equipment and materials .. The department 764 must state in the Bid Recap Form how the quotes obtained for the supplies, equipment, 765 and material substantially conform to the required specifications. 766 767 For the thresholds below, the term "contract" is not limited to formal contracts and includes 768 all procurement with a vendor for a given scope of work as defined by the procurement 769 action. Work shall not be split into separate procurement actions with the sole intent of 864426 .1 18 ATTACHMENT 13 770 circumventing the thresholds below. However, similar work with the same vendor for 771 different projects may be considered separate procurement acts for the purposes of 772 applying the thresholds below. 773 774 For amendments to existing agreements, the thresholds below take into account the 775 cumulative total of all of the following: the original amount of the agreement, all agreement 776 amendments/change orders to date, plus the anticipated agreement/change order. 777 $10,000 or less • • • Purchases over • $10,000 up to $25,000 • • • • Purchases over • $25,000 up to $45,000 • • • • Purchases over • $45,000 • • • • • 864426.1 No bidding or quotes required . Purchase Order is recommended, but not required . Department Head or designee signs invoice and submits to the Finance Department. City Manager approves original purchase and change orders up to a cumulative amount of $25,000. Follow informal quote procedures (See Section VII. Paragraph E). Department selects vendor . Department submits requisition with Department Head signature and bid recap to Finance Department. Finance Department prints and mails Purchase Order to vendor. City Manager approves original purchase and change orders up to a cumulative amount of $45,000. Follow Formal Request for Proposal bidding procedures (See Section VII. Paragraph F). Department selects vendor . Department submits requisition with Department Head signature and bid recap to Finance Department. Finance Department prints and mails Purchase Order to vendor. City Council approves original purchase and change orders that would result in cumulative value of Purchase Order (change orders plus original contract) to exceed $45,000. Follow Request for Proposal bidding procedures (See Section VII. Paragraph F). Department prepares formal bid specifications . Department prepares Agenda Report requesting City Council action. City Council awards bid/contract. Department prepares two contract documents and obtains vendor signatures. 19 ATTACHMENT 13 778 • Department prepares Contract Transmittal Form with attachments, purchase requisition and submits to the City Clerk. • City Clerk signs Contract Transmittal Form and forwards it along with requisition to Finance Department. • Finance Department prints and mails Purchase Order to vendor. 779 SECTION IV -SERVICE CONTRACTS (PROFESSIONAL AND MAINTENANCE) 780 781 Professional services include those services provided by any specially trained, educated, 782 experienced or licensed person, company, corporation, or firm, and which involve the 783 exercise of discretion and independent judgment together with an advanced or 784 specialized knowledge, expertise, training, or unique skills gained by formal studies or 785 experience. Contracts negotiated for professional services must be based on 786 demonstrated competence, professional qualifications for the services required, 787 availability, and fair and reasonable cost. Consultant services include services that are 788 of an advisory nature, which involve the consultant providing a recommended course of 789 action based on Professional expertise, and results in an end product in the form of a 790 written transmittal of information. 791 792 Maintenance services include the furnishing of labor, time, or effort by a contractor 793 including, but not limited to (a) routine, recurring, and usual work for the preservation or 794 protection of a publicly-owned, or publicly-operated facility for intended purposes; (b) 795 minor repainting; (c) resurfacing of streets and highways; (d) landscape maintenance, 796 including mowing, watering, trimming, pruning, planting, replacement of plants, and 797 servicing of irrigation and sprinkler systems; and (e) work performed to keep, operate and 798 maintain publicly-owned water or waste disposal systems. 799 800 For the purposes of this policy, professional and maintenance services contracts will 801 include, but not be limited to, a wide variety of expertise and specialized crafts. Examples 802 include: 803 804 Accounting 805 Affordable Housing 806 Alarm Systems 807 Auditing 808 Archaeology 809 Architecture* 810 Building/Engineering Plan Check/Inspection 811 Cable TV 812 Community Planning and Development 813 Computer Management 814 Cultural Resource Management (Archaeology, History) 815 Construction Management* 864426.1 20 ATTACHMENT 13 816 Document Processing Services 817 Engineering including Civil, Mechanical, Electrical, Structural, and Seismic* 818 Environmental (CEQA/NEPA services)* 819 Finance 820 Fleet Maintenance 821 Entertainment 822 Equipment Rental 823 Geotechnical 824 Ground Water Recovery 825 Human Resources 826 Information Technology 827 Inspection Services 828 Janitorial 829 Landscape Architecture/Arboriculture* 830 Legal Consultants 831 Mapping, Maintenance and Refurbishing of Public Facilities and Lands 832 Material testing and laboratory work 833 Payroll 834 Pest Control 835 Sound (Noise) Attenuation 836 Security 83 7 Surveying* 838 Technical Assistance 839 Traffic and Related Equipment and Service 840 Uniforms 841 Any other professional service as deemed appropriate by the City Manager. 842 843 * Subject to heightened approval requirement under Government Code Section 844 4526. The City cannot award contracts for these specialized services unless the 845 award is based on the "demonstrated competence and qualification for these 846 type of services at fair and reasonable prices." 847 When contracting for professional services, the formal Request for Proposals or Request 848 for Qualifications (RFP/RFQ) procedures (see Section VI., Paragraph F) as specified in 849 Section VI., Paragraph F of this Policy shall be utilized where applicable and to the 850 maximum extent possible, as time and circumstance allow. The RFP/RFQ procedure is 851 required for all Professional and Maintenance service contracts over $25,000 (See 852 Exceptions to Competitive Bidding Requirements in Section VII). For all service contracts, 853 the standard "Professional Services Agreement" shall be used and a separate Scope of 854 Work attached to each Agreement. The following matrix provides purchasing procedures 855 when contracting for Professional and Maintenance services. 856 857 858 Standard Professional and Maintenance Service Contracts (includes contracts for 859 Fee Recovery Vendors 1) 860 861 For the thresholds below, the term "contract" is not limited to formal contracts and includes 1 See Section VI for definition of Fee Recovery Vendors. 864426 .1 21 ATTACHMENT 13 862 all procurement with a vendor for a given scope of work as defined by the procurement 863 action. Work shall not be split into separate procurement actions with the sole intent of 864 circumventing the thresholds below. However, similar work with the same vendor for 865 different projects may be considered separate procurement acts for the purposes of 866 applying the thresholds below. 867 868 For amendments to existing agreements, the thresholds below take into account the 86 9 cumulative total of all of the following : the original amount of the agreement, all agreement 870 amendments/change orders to date, plus the anticipated agreemenUchange order. 871 872 $10,000 or less • • • Contracts over • $10,000 up to $25,000 • • • • • • Contracts over • $25,000 up to $45 ,000 • • • • • 864426 I No bidding or quotes required . Purchase Order is recommended, but not required . Department Head or designee signs invoice and submits to the Finance Department. City Manager approves contracts and change orders up to a cumulative value of $25 ,000 (change orders plus original contract). Follow informal solicitation of qualifications or informal quotes procedures (See Section VII., Paragraph C and Section VII., Paragraph E). Department selects vendor . Department prepares two contract documents and obtains vendor signatures. Department submits to City Clerk Contract Transmittal Form with attachments and purchase requisition signed by Department Head. City Clerk signs Contract Transmittal Form and forwards it along with requisition to Finance Department. Finance Department prints and mails Purchase Order to vendor. City Manager approves contracts and change orders up to a cumulative value of $45 ,000 (change orders plus original contract). Follow formal RFP/RFQ bidding procedures (See Section VII. Paragraph D). Department selects vendor . Department prepares two contract documents and obtains vendor signatures. Department submits to City Clerk Contract Transmittal Form with attachments and purchase requisition signed by Department Head. City Clerk signs Contract Transmittal Form and forwards it alonQ with requisition to Finance 22 ATTACHMENT 13 Department. • Finance Department prints and mails Purchase Order to vendor. Contracts over • City Council approves contracts and change orders $45,000 that would result in cumulative value (change orders plus original contract) exceeding $45,000. • Follow formal RFP/RFQ bidding procedures (See Section VII. Paragraph D). • Department prepares Agenda Report requesting City Council action. • City Council awards bid/contract. • Department prepares two contract documents and obtains vendor signatures. • Department prepares Contract Transmittal Form and submits to the City Clerk. • Department submits to City Clerk Contract Transmittal Form with attachments and purchase requisition signed by Department Head. • City Clerk signs Contract Transmittal Form and forwards it with requisition to Finance Department. • Finance Department prints and mails Purchase Order to vendor. 873 * For Professional Services associated with Public Works projects. including, but not 874 limited to , construction management. design , or study projects. where a Professional 875 Services Agreement is executed, an Amendment to the Professional Services Agreement 876 is required if the projected final cost exceeds the original contract amount. Limited to 877 Professional Services for Public Works projects, the City Manager shall be authorized to 878 negotiate and execute, without City Council action, one or more Change Orders to the 879 Professional Services Agreement, provided that the amount is within the contract 880 contingency and project budget, and the Change Order does not exceed 10% of the 881 original contract amount or $50,000, whichever is less. 882 883 SECTION V -PUBLIC WORKS PROJECTS 884 Public Works projects include construction, reconstruction, erection, alteration, 885 renovation, improvement, demolition, and repair work involving any facility owned, leased, 886 or operated by the City as defined in California Public Contract Code section 22002, or 887 as subsequently amended. The definition also includes painting/ repainting, plumbing, 888 electrical wiring, and/or other trade work for any facility owned, leased or operated by the 889 City. Construction, erection, improvement, or repair of dams, reservoirs, and electrical 890 transmission lines of 230,000 volts and higher that are owned by the City, are also 891 considered a public project. 892 A public project does not include maintenance work, consisting of routine, recurring, and 893 usual work for the preservation or protection of facilities owned or operated by the City, 864426 .1 23 ATTACHMENT 13 894 including minor repainting. Street and highways resurfacing at less than one inch (1") 895 deep, landscape maintenance (mowing, watering, trimming, pruning, planting, 896 replacement of plants, and servicing of irrigation and sprinkler systems) are not a public 897 project and contracts for services related to this maintenance work is covered under 898 Section IV -Service Contracts. 899 It is the City of San Juan Capistrano's policy to follow the Uniform Construction Cost 900 Accounting Procedures (UCCAP) for all Public Projects, as set forth in the Public Contract 901 Code Article 2, commencing with Section 22010 (see Appendix A). Also, see City 902 Resolution 06-09-19-04 as approved on September 19, 2006 in Appendix A. It is also the 903 City of San Juan Capistrano's policy to adopt the purchasing limits and policies as set 904 forth in Public Contract Code Sections 22030 to 22045, as amended (See Appendix A). 905 In the event there is an inconsistency between the policies stated herein and Public 906 Contract Code Sections 22010, et seq., the provisions of the Public Contract Code 907 Sections 22010, et seq., shall prevail. 908 If an informal bid result for the lowest and most qualified bidder results in a bid over 909 $200,000, the project may proceed with the informal bid process, and the City Council 910 must approve such an award by four-fifths vote consistent with Public Contract Code 911 Section 22034. If an informal bid result for the lowest and most qualified bidder is over 912 $212,500, the project must be formally re-bid for City Council approval. The following 913 matrix provides purchasing procedures when contracting for Public Construction projects. 914 Contracts up to $45,000 864426 I • City Manager approves contracts and change orders that would result in cumulative value (change orders plus original contract) not to exceed $45,000. The Department Head is authorized to issue change orders for changes or additions to the original scope of work that result in up to 10% aggregate change in the contract price, provided the amount is within the contract contingency and project budget. • City Manager awards and signs contract. • Department prepares two contract documents and obtains vendor signatures. • Department submits to City Clerk Contract Transmittal Form with attachments and purchase requisition signed by Department Head. • City Clerk signs Contract Transmittal Form and forwards it along with requisition to Finance Department. • Finance Department prints and mails Purchase Order to vendor. 24 ATTACHMENT 13 Contracts over • City Council approves contracts and change orders $45,000 and up to that would result in cumulative value (change orders $60,000 plus original contract) not to exceed $60,000. The City Manager is authorized to issue change orders for changes or additions to the original scope of work that result in up to 10% aggregate change in the contract price, provided the amount is within the contract contingency and project budget. • City Council adopts plans, specifications, and working details. • Department prepares Agenda Report requesting City Council action. • Department prepares two contract documents and obtains vendor signatures. • City Council awards bid/contract. • Department submits to City Clerk Contract Transmittal Form with attachments and purchase requisition signed by Department Head. • City Clerk signs Contract Transmittal Form and forwards it along with requisition to Finance Department. • Finance Department prints and mails Purchase Order to vendor. Contracts over • City Council approves contracts and change orders $60,000 and up to that would result in cumulative value (change orders $200,0002 plus original contract) not to exceed $200,000. The City Manager is authorized to issue change orders for changes or additions to the original scope of work that result in up to 10% aggregate change in the contract price provided the amount is within the contract contingency and project budget. • Follow informal bidding procedures (See Section VII. Paragraph G). • City Council adopts plans, specifications, and working details. • Department prepares Agenda Report requesting City Council action. • Department prepares two contract documents and obtains vendor signatures. • City Council awards bid/contract. • Department submits to City Clerk Contract 2 This limit is tied to Public Contract Code Section 22032 . Any changes to limits set forth in the UPCCA are hereby adopted as part of this policy. 864426 1 25 ATTACHMENT 13 Transmittal Form with attachments and purchase requisition signed by Department Head. • City Clerk signs Contract Transmittal Form and forwards it along with requisition to Finance Department. • Finance Department prints and mails Purchase Order to vendor. Contracts over • City Coun~il approves contracts exceeding $200,000 . $200,000 The City Manager is authorized to issue change orders for changes or additions to the original scope of work that result in up to 10% aggregate change in contract price provided the amount is within the contract contingency and project budget. • Follow formal bidding procedures (See Section VI. Paragraph H). • City Council adopts plans , specifications , and working details. • Department prepares Agenda Report requesting City Council action. • Department prepares two contract documents and obtains vendor signatures. • City Council awards bid/contract. • Department submits to City Clerk Contract Transmittal Form with attachments and purchase requisition signed by Department Head. • City Clerk signs Contract Transmittal Form and forwards it along with requisition to Finance Department. • Finance Department prints and mails Purchase Order to vendor. 915 916 Additionally, for all Public Works contracts (for a "public works" as defined in Labor Codes 917 1720 and 1720.3), the following legal requirements shall be incorporated into all 918 procurements: 919 • For contracts over one thousand dollars ($1,000), the contract shall require that 920 prevailing wage be paid (not applicable to janitorial services). 921 • For contracts over $25,000, the contractor that is awarded a public works contract 922 shall, before commencement of work, file a payment bond with and approved by 923 the Finance Department that is no less than 100 percent of the total amount due 924 under the contract, and all bids for such contracts shall state that such payment 925 bond is required . 926 864426 I 26 ATTACHMENT 13 927 Prequalification of Contractors Seeking To Bid on Public Works Projects 928 In accordance with the provisions of California Public Contract Code section 20101, the 929 City may establish a program to pre-qualify contractors and subcontractors to bid on the 930 City's Public Works projects. 931 932 SECTION VI -CHANGE ORDERS FOR PUBLIC WORKS PROJECTS 933 934 These guidelines shall govern the process and administration of Public Works project 935 contracts including change orders, time extensions, and budgetary amendments relating 936 to Capital Improvement Projects. Implementation of these guidelines will allow the City 93 7 to implement Public Works projects and Capital Improvement projects in a timely fashion. 938 939 For Change Orders for Public Works Contracts, all of the following shall apply: 940 941 1. The total of all Change Orders approved without prior City Council Authorization 942 shall not exceed the project contingency as established by the City Council at the 943 time of the award of bid (typically 10% above the approved bid amount). 944 945 2. The City Manager may, at her/his discretion, bring any Change Order before the 946 City Council. 947 948 3. During the construction period, pursuant to a contract awarded by the City Council, 949 the City Manager is authorized to negotiate and execute without City Council 950 action, one or more Change Orders provided that they do not exceed 10% of the 951 original contract provided the amount is within the contract contingency and project 952 budget. In no case shall this change order authority exceed $100,000. 953 954 4. The Project Manager is responsible to process required paperwork to modify the 955 Contract to reflect the approved change order(s) and Contract Amendments. 956 957 5. Any deviations from the policy must be reviewed and approved by the City Council. 958 959 TIME EXTENSIONS 960 961 1. The City Manager may approve any time extension required that is caused by 962 weather delays and/or material availability delays. 963 964 965 864426.1 27 ATTACHMENT 13 966 SECTION VII -BIDDING PROCEDURES 967 968 A. Introduction to Bidding Procedures 969 Overview 970 This policy requires that certain bidding procedures be followed when purchasing goods, 971 supplies, equipment and materials; contracting for professional and maintenance 972 services ; and contracting for non-public works and Public Works projects. The competitive 973 bidding process ensures that the City will obtain the best combination of pricing, quality, 974 service, and availability of products and services. Splitting a purchase to circumvent the 975 bidding limits is specifically prohibited by the City's Municipal Code and by State law. 976 977 The total dollar value of the goods, services, or projects determines whether formal or 978 informal bidding procedures must be followed, as shown below. In certain instances, 979 bidding procedures may not be required. 980 981 Goods, Supplies, Equipment and Materials and Non-Public Works Projects 982 Contracts 983 • No Bidding Required: Less than $10,000 984 • Informal Quote: $10,000 -$25,000 985 • Formal Bidding (RFP): Over $25,000 986 987 Professional and Maintenance Services Contracts 988 • No Bidding Required: Less than $10,000 989 • Informal Quote: Contracts up to $25,000 990 • Formal RFP/RFQ Bidding : Contracts over $25,000 991 992 Public Projects 993 • No Bidding Required: Contracts up to $60,000 994 • Informal Bidding: Contracts $60,000 to $200,000 995 • Formal Bidding : Contracts over $200,000 996 997 The Contract Transmittal Form (See Appendix B) requires the identification of the project, 998 funding sources, contract type , insurance and bond requirements, and sets forth the 999 type(s) of publications required, including whether the City Clerk needs to publish a Notice 1000 Inviting Formal Bids . In some instances , the City Manager may require City Council 1001 approval prior to advertising. 1002 1003 Documenting the Bid Process I 004 Bidding procedures must always be documented. The originating department is I 005 responsible for completing a Bid Recap form for all purchases and contracts of $10,000 1006 or more. The Bid Recap form identifies the vendors who have been contacted, the name 1007 of the successful bidder, the amount of the contract, and the reason(s) for the successful 1008 bidder's selection . 1009 864426 , I 28 ATTACHMENT 13 1o1 o B. Qualified Bidders List 1O11 In some instances it is in the best interest of the City to have current ongoing contracts 1O12 with multiple consultants for the same or very similar services (i.e. services that can be 1013 defined as to scope of work but not as to required events such as contract planning 1014 services, soils testing, contract building maintenance services, etc.). These services I 015 would best be handled by establishing a qualified bidders list and by entering into an l 016 ongoing professional services contract when the service is required . 1017 1O18 There are generally three categories of contractors that are placed on the Qualified 1O19 Bidders List. The first is maintenance contractors that provide services with recurring 1020 and usual work for the preservation or protection of any publicly owned or publicly l 021 operated facility for its intended purposes. The second is professional service 1022 contractors that are educated or licensed specialists who provide services of an advisory 1023 nature and provide recommendations for a course of action, an end product, or the 1024 transmittal of information. The third is qualified construction contractors who are 1025 called upon through an informal bidding process to perform Public Works projects 1026 pursuant to subdivision (b) of Section 22032 of the Public Contract Code (See Section VI. 1027 Paragraph E below for procedural guidance on the informal bidding process). 1028 I 029 There shall be one Qualified Bidders List (vendor, consultant and/or contractor) for l 030 ongoing service requirements related to professional services, maintenance services, 1031 and Public Works projects, categorized by the type of product sold or work performed for 1032 use in soliciting bids. A "qualified" bidder is a bidder that demonstrates the following 1033 characteristics: I 034 • Can provide product quality, fitness, and capacity for the required usage. 1035 • Has the ability, capacity and skill to perform the contract or provide the service 1036 required. I 037 • Has demonstrated character, integrity, reputation, judgment, experience, and I 038 efficiency, particularly with reference to past purchases by the City or other 1039 public agencies. 1040 • Has the ability to perform within the time required. 1041 • Has shown quality of performance and/or of products provided in previous I 042 contracts or services with the City or other public agencies. 1043 • Can meet all insurance requirements . 1044 1045 The process for selecting qualified bidders to be placed on the Qualified Bidders List 1046 shall begin with an Informal Solicitation of Qualifications. Criteria required for the I 047 development of an Informal Solicitation of Qualifications can be found in Section VII, 1048 Paragraph C below. For each of the three categories of service associated with the 1049 Qualified Bidders List, the City shall endeavor to obtain Statements of Qualifications 1050 (SOQ's) from a minimum of three vendors. After evaluation of the SOQ's received, 1051 qualified bidders shall be added to the Qualified Bidders List based on the 1052 considerations identified below. 1053 1054 Evaluation of SOQ's for Placement on Qualified Bidders List: The Department/Division 1055 Head or designee(s) shall select the consultants which, in their evaluation process, is the I 056 most qualified to perform the work. The evaluation and selection process shall be based 1057 upon the following considerations: 864426 1 29 ATTACHMENT 13 1058 1059 1. General quality and responsiveness to the request, including but not limited to: 1060 • Responsiveness to the terms, conditions, and items of performance. 1061 • Grasp of the problem, work to be performed, and approach to be used. 1062 2 . Organization and personnel making the proposal must provide: 1063 • Evidence of good organizational and management practices. 1064 • Qualification of the personnel. 1065 • Specialized experience of the firm and its personnel relative to the required 1066 services. 1067 • References who can be contacted to verify past record of performance (i.e ., 1068 completion of a quality product in a timely manner and within budget constraints). 1069 • Previous consultant experience. 1070 • The financial condition of the firm. I 071 • Capacity of the firm to perform the subject project within a required timeframe. 1072 I 073 3. If appropriate, the price, in any of the following formats, may be considered . 1074 • Total price and price breakdown. 1075 • Price range. 1076 • Cost schedule. 1077 1078 The Qualified Bidders List shall be approved by the City Council at least every three years. I 079 All vendors on the Qualified Bidders List shall be reviewed and approved by the City I 080 Manager on at least an annual basis. Vendors can be added at any time as long as the 1081 process prescribed herein for the Informal Solicitation of Qualifications is adhered to and 1082 City Council approval is obtained for any such additions. Professional Services 1083 Agreements (PSA) for qualified bidders will not be executed until selected to perform a 1084 service. At that time, and through the term of the contract, the terms of the PSA for the 1085 selected vendor will be controlling for any subsequent projects undertaken by the same 1086 or different departments. However, at the Department Head's sole discretion, a separate 1087 PSA may be entered into for the vendor to reflect project-specific terms. PSA's associated I 088 with vendors on the Qualified Bidders List can be amended at any time and are subject I 089 to the signature authority limits indicated in this policy. All contracts shall have a defined 1090 end date. 1091 C. Informal Solicitation of Qualifications 1092 An Informal Solicitation of Qualifications refers to the process that establishes criteria for 1093 evaluating firms that request placement on the City's Qualified Bidders List. Such firms I 094 must submit a Statement of Qualifications (SOQ) setting forth the qualifications of 1095 members of the firm and providing any other information required by the announcement I 096 of the project or desired service. The Department/Division shall strive to, whenever I 097 possible, solicit at least three qualifications/proposals in writing. When it is not practical, I 098 nor cost effective, to receive three qualifications/proposals in writing, the Department 1099 Head at his/her discretion, may choose the vendor best suited for the needs of the 1100 particular project or service category. I 10 I 1I02 A public notice shall be advertised on the City's website and in applicable publications to 1103 obtain SOQ's from qualified service providers. It is important that the specifications are 1 I 04 accurate and comprehensive. Informal quotations must be documented to the satisfaction 864426, 1 30 ATTACHMENT 13 1105 of the City Manager or the Chief Financial Officer. Ideally, documentation should include : 1106 1107 • The name of the company. 1108 • The person giving the quote. 1109 • The date and time of the phone call. 111 O • Understanding of the required scope of services. 11 J I • Specialized experience of the firm and its personnel relative to the required 1112 services. 1113 • References who can be contacted to verify past record of performance, i.e., 1114 completion of a quality product, in a timely manner, and within budget constraints. 1115 • The capacity of the firm to perform the subject project within a required timeframe. 1116 • Estimated price. 1117 1118 As events occur and need arises, work will be assigned to the firms/individuals on the 1119 Qualified Bidders List at the sole discretion of the Department Head, subject to the 1120 signature limits in this policy . A separate solicitation of bids is not required for vendors 1121 selected from the preapproved Qualified Bidders List, except for qualified construction 1122 contractors who must be called upon through an informal bidding process to perform 1123 Public Works projects pursuant to subdivision (b) of Section 22032 of the Public Contract 1124 Code. 1125 1126 Negotiation: The Department Head or designee(s) shall discuss with the highest ranked I 127 firm(s) the requirements of the project, the scope of services needed to meet the 1128 requirements, and negotiate a reasonable fee for the established work assignment. 1129 D. Lowest Responsible (Responsive and Qualified) Bidder J J 30 For procurement not involving vendors selected from the Qualified Bidders List, bids 1131 should be awarded to the responsive and qualified bidder who submits the lowest bid. A 1132 responsive bid is one that is in substantial conformance with the requirements of the 1133 invitation to bid, including specifications and the City's contractual terms and conditions. 1134 Conformance may also include providing proof of insurance, completed forms, J 135 references, and all other information as requested in the bid document. Bidders who 1136 substitute terms and conditions or who qualify their bids in such a manner as to nullify or 1J3 7 limit their liability shall be considered non-responsive bidders. 1138 1139 Cost is not necessarily the only determining factor when selecting the successful bidder. 1140 In addition to price, the following elements should also be considered in determining 1141 whether a bid is responsible: 1142 1143 1. The successful bidder must demonstrate the ability to fulfill a contract, including 1144 providing subsequent and continuing service. Staff may request proof of a prospective 1145 bidder's reliability, proof of financial resources, a list of current or previous customers, 1146 and other pertinent data. Such requests may also be taken after receipt of bids. 1147 1148 2. A bidder may be determined to be non-responsible if the bidder fails to furnish proof 1149 of qualifications when required. 1150 3. The products offered provide the quality , fitness, and capacity for the required usage. 864426 1 31 ATTACHMENT 13 1151 1152 4 . The bidder has the ability, capacity and skill to perform the contract satisfactorily and 1153 within the time required . 1154 1155 5. The bidder's experience regarding past purchases by the City or other public agencies 1156 demonstrates the reliability of the bidder to perform the contract. 1157 1158 When a department recommends awarding a bid to other than the low bidder, written 1159 justification must be provided on the Bid Recap form and the City Council agenda report 1160 if City Council approval is required . 1161 1162 E. Informal Quotes 1163 Informal quotes should be used to assure the most competitive price is received for an 1164 item , while avoiding the add itional time and expense involved in formal bidding . The 1165 Department/Division shall make every attempt to receive at least three bids in writing or 1166 over the phone if not already obtained from the Qualified Bidders List. Bids must be 1167 documented in the Bid Recap Form to the satisfaction of the City Manager. The 1168 Department/Division should make every reasonable attempt to obtain at least three bids. 1169 In the event that three viable quotes are not received , the division shall provide to the City 1170 Manager a written explanation as to what steps were taken to obtain quotes, any vendors 1171 contacted that were nonresponsive , and if applicable why it is not practical to receive 1172 three quotes. At the City Manager's sole discretion, such requested procurement actions 1173 may proceed . 1174 The Department/Division/Project lead shall evaluate the three informal quotes received 1175 and determine the lowest most responsible bid. The City reserves the right to accept that 1176 bid which is in the best interest of the City. 1177 When selecting the recommended bidder the Department/Division Head will take into 1178 consideration : 1179 • Price. 1180 • Ability , capacity, and skill. 1181 • Ability to meet time requirements. 1182 • Character, integrity , and reputation. 1183 • Previous vendor experience. 1184 • Financial resources available for contract performance. 1185 1186 F. Formal Request for Proposal or Request for Qualifications (RFP/RFQ) 1187 1188 The Request for Proposals (RFP) or Request for Qualifications (RFQ) bidding process is 1189 designed to ensure the City that it has engaged the most qualified consultant available 1190 for the engagement. This process generally takes more time and expense than informal 1191 solicitations of qualifications and in some instances may actually not be the most cost- 1192 effective approach. Unlike formally bid contracts , the City Clerk does not publicly open 1193 requests for proposals or requests for qualifications for professional services. 1194 1195 1. Because RFP/RFQ's ask for a subjective product, they should contain the greatest 864426.1 32 ATTACHMENT 13 1196 detail possible, and may include the following : 1197 a. A precise description of the problem or objective 1198 b. The services to be performed 1199 c. The product to be provided 1200 d. The anticipated time schedule for: 1201 1202 • Submittal of RFP/RFQ (date and time). 1203 • Any pre-proposal conference (date, time and location). 1204 • Review and evaluation of the proposals. 1205 • Award of the contract. 1206 • Commencement of work on the project. 1207 • Completion date. 1208 1209 e. Evaluation factors and the relative importance of each. 1210 1211 f. Expectations or limitations on the part of the City, including : 1212 1213 • The format, form and quantity of any expected reports. 1214 • The extenUnature of assistance/cooperation available from the City . 1215 1216 g. Expected content of the RFP/RFQ , including : 1217 1218 • The overall description of techniques to be used. 1219 • Listing of similar services provided to other clients. 1220 • Listing of available references to contact. 1221 • Description and qualifications of assigned lead and supporting personnel. 1222 • Time and staff expected to be expended. 1223 • Facilities and equipment to be used . 1224 • Portion of contract to be performed by sub-contractors. 1225 • Subcontractors'/Sub-consultants' qualifications. 1226 • Cost, in summary and total , and desired method of payment. The RFP/RFQ for 1227 services may, but is not required to, state the amount budgeted for the service. 1228 1229 h. Contractual requirements including, but not limited to: 1230 • Prohibition against assignment. 1231 • Indemnification. 1232 • Insurance requirements. 1233 • Bonding requirements. 1234 • Warranties. 1235 • Compliance with federal, state and City laws, rules and regulations. 1236 • Compliance with any grant related regulations. 1237 • Sample contract. 1238 • Requirement to pay prevailing wages, if applicable . 1239 1240 1241 i. Construction project management service RFP's/RFQ's may require evidence be 1242 provided of experience in construction project design review and evaluation, 864426 1 33 ATTACHMENT 13 1243 construction mobilization and supervision, bid evaluation, project scheduling, cost- 1244 benefit analysis, claims review and negotiation, and general management and 1245 administration of a construction project. 1246 1247 j. Additional requirements specific to the scope of work as determined by the 1248 responsible department and/or Finance Department. 1249 1250 2. Issuing the RFP 1251 1252 To ensure maximum exposure and competition, the responsible department shall prepare 1253 a list of potential firms to receive the RFP/RFQ. 1254 1255 a. If required or desired, the responsible department will submit the RFP notice to be 1256 advertised on the City's website, online through the City's bidding web service, or 1257 in a local newspaper of general circulation. The notice will be published one or 1258 more times beginning at least fourteen calendar days prior to the designated 1259 closing. Additional advertisements may be placed in a regional newspaper of 1260 general circulation; appropriate professional or trade journals; and state or 1261 governmental publications designed for public notice. 1262 1263 b. A reasonable length of time between solicitation and closing dates must be allowed 1264 to provide potential respondents time for preparation in accordance with the 1265 complexity, the size of the project, and the scope of advertising . 1266 1267 c. City staff may conduct conferences to explain the requirements of the project. A 1268 sufficient amount of time should be allowed after the RFP has been issued to allow 1269 potential respondents to become familiar with the project. Any clarification or 1270 changes required to the RFP/RFQ , as a result of the conference , shall be added 1271 as a written amendment. A summary of the conference shall be provided to all 1272 prospective respondents receiving the request. 1273 1274 d. The requesting department shall prepare sufficient copies of the RFP to allow 1275 distribution to potential respondents of record and responses to the published 1276 advertisements. In addition, the department shall maintain a list of RFP's issued 1277 and responses. 1278 1279 e. Amendments should be used to make any changes in quantities, descriptions, 1280 schedules , or to correct defects or ambiguities in the original RFP/RFQ. 1281 Amendments are provided to ensure that all potential respondents are furnished 1282 with the same information with which to prepare proposals. 1283 1284 f. Amendments to the RFP/RFQ shall be identified as such and shall require 1285 acknowledgment as such by firms receiving the RFP/RFQ. Amendments shall be 1286 sent to all known recipients of the RFP/RFQ within a reasonable time period before 1287 the closing date. If the time and date established for the receipt of proposals does 1288 not allow sufficient time for consideration and changes, the time and date will be 1289 modified by amendment. 1290 3. Proposal Receipt and Opening: 1291 864426.1 34 ATTACHMENT 13 1292 a. Proposals shall be submitted to the originating department and shall be clearly 1293 identified with the Proposal number on the envelope. Faxed or other electronic 1294 proposals are not acceptable. 1295 1296 b. All proposals shall be time stamped and those received by 5:00 p .m. of the 1297 designated closing day will be opened on the following workday for preliminary 1298 review . 1299 1300 c. Any proposal received after the time specified in the RFP/RFQ shall be returned 1301 unopened . 1302 1303 d. To avoid disclosure of the contents of competing RFP/RFQs, proposals will be 1304 opened in the presence the Department Head or his or her designee. 1305 1306 e. Respondents may modify or withdraw their proposals prior to the established 1307 closing date and time, without penalty. However, any modifications submitted after 1308 the established closing date and time will not be accepted. Such modifications will 1309 be returned to the respondent, unopened. 1310 1311 f. The Department shall maintain a list of proposals received , including name and 1312 address of respondent, the number of modifications received, if any, and any 1313 additional information requested. The register will be open to inspection after the 1314 award of the contract or the rejection of all proposals. 1315 1316 g. Proposals and modifications shall be shown only to the evaluation committee 1317 personnel, and the Department Head until a recommendation is made to City 1318 Council or all proposals have been rejected. 1319 1320 4. Rejection of Proposals : The City reserves the right to reject any and all proposals , to 1321 accept or reject any one or more items of a proposal, or to waive any irregularities or 1322 informalities in the proposal or the RFP/RFQ process if to do so is deemed to best 1323 serve the interests of the City. The authority to reject any proposal shall be consistent 1324 with the levels of authority based on dollar thresholds described above . 1325 1326 5 . Evaluation Factors and Method: Because unique services are requested, cost is not 1327 considered the primary selection criteria. 1328 1329 a. Evaluation factors may include : 1330 1331 • General quality and responsiveness of the proposal, including but not limited 1332 to: 1333 • Responsiveness to the terms, conditions, and items of performance; 1334 • Completeness and thoroughness of the proposal ; 1335 • Grasp of the problem, work to be performed, and approach to be used. 1336 1337 • Organization and personnel making the proposal: 1338 • Evidence of good organizational and management practices ; 864426.1 35 ATTACHMENT 13 1339 • Qualification of the personnel; 1340 • Specialized experience of the firm and its personnel relative to the required 1341 services; 1342 • References who can be contacted to verify past record of performance, i.e., 1343 completion of a quality product, in a timely manner, and within budget 1344 constraints; 1345 • The financial condition of the firm; 1346 • Capacity of the firm to perform the subject project within a required time 1347 frame. 1348 1349 • If appropriate, the price, in any of the following formats, may be considered . 1350 • Total price and price breakdown; 1351 • Price range; 1352 • Cost schedule. 1353 1354 b. A Selection Committee shall be formed to evaluate the submitted data and 1355 determine the products that should receive further consideration. The Committee 1356 shall be appointed by the Department Head, subject to the approval of the City 1357 Manager or the Chief Financial Officer, and may consist of more than one 1358 department. 1359 1360 c. The Selection Committee may choose to interview all of the responding 1361 consultants, only the top few ranking consultants or to not perform interviews. 1362 1363 d. After the interviews (if applicable), the Selection Committee shall rank the 1364 consultants based on their proposals, interviews, and references. 1365 6. Exceptions to Formal RFP/RFQ: The formal RFP/RFQ process may be bypassed in 1366 the following three instances: 1367 1368 a. In emergency situations where time is of the essence, the City Manager may 1369 dispense with the formal RFP/RFQ process to obtain services necessary in dealing 1370 with the emergency. Immediately following the emergency, the City Manager shall 1371 submit to Finance Department an Emergency Authorization Form. 1372 1373 b. When one known service provider is available, the Department Head shall prepare 1374 a report for City Manager or City Council approval, depending on the dollar 1375 threshold, requesting an exemption from the RFP/RFQ procedures and, if 1376 applicable, awarding the bid to the "sole source." 1377 13 78 c. When there are extenuating circumstances that would make the formal RFP/RFQ 13 79 process not the most cost effective approach. This often relates to qualitative, 1380 artistic or proprietary software/technological issues. The appropriate Department 1381 Head shall prepare a report to the City Council requesting an exemption from the 1382 formal RFP/RFQ process. 1383 1384 7. Negotiation: The Department Head or designee(s) shall discuss with the highest I 385 ranked firm(s) the requirements of the project, the scope of services needed to meet 864426 I 36 ATTACHMENT 13 1386 the requirements, and negotiate a reasonable fee/contract for the established work 1387 assignment. 1388 1389 G. Informal Bid Process 1390 1391 The department shall prepare a Notice Inviting Informal Bids to describe the project in 1392 general terms, how to obtain more detailed information on the project, and the time and 1393 place for the submission of bids. The proposed contract and applicable bond and 1394 insurance requirements should always be included in this Notice Inviting Informal Bids. 1395 The department also completes the Contract Transmittal Form (See Appendix B) that 1396 identifies the project, funding sources, contract type, insurance and bond requirements, 1397 and the type(s) of publications required, including whether the City Clerk needs to publish 1398 a Notice Inviting Informal Bids. In some instances, the City Manager may require City 1399 Council approval prior to advertising. 1400 1401 The department mails the Notice Inviting Informal Bids to all construction contractors 1402 on the Qualified Bidders List (See Section Vl.C for more information on developing the 1403 Qualified Bidders List) forthe category of work being bid and advertises in all designated 1404 construction trade journals not less than 10 calendar days before bids are due. 1405 Additionally, the Department Head is encouraged to post the Notice Inviting Informal Bids 1406 to the City's web site. The City Clerk will publicly open all bids at the time and place stated 1407 in the public notices. 1408 1409 For all Public Works projects up to $200,000, the City shall comply with all statutory 1410 requirements for informal bidding procedures as set forth in Public Contract Code 1411 sections 22030, et seq. 1412 1413 After the successful bidder has been selected, the department prepares two original 1414 contracts and obtains the contractor's signature. After the contract is approved (signed) 1415 by the City Manager, the department then submits a completed Contract Transmittal 1416 Form, bid recap and the signed contracts to the City Clerk's Office. 1417 1418 H. Formal Bid Process 1419 1420 The City shall solicit formal bids in accordance with Public Contract Code Sections 22037- 1421 22044. (See Appendix A) 1422 1423 The initiating DepartmenUDivision shall be responsible for completion of the formal bid 1424 process; however, the proces.s shall be coordinated with the City Clerk's Office and the 1425 Finance Department. 1426 1. Bid Forms: The initiating department shall prepare a bid form including detail 1427 specifications for the services to be purchased. The following format is suggested for 1428 competitive bids: 864426 I 37 ATTACHMENT 13 1429 a. Submission of bids (or proposals)-Include date, time, location and bid number 1430 as assigned by the City Clerk. Include a detail list of the information the bid or 1431 proposal should contain. 1432 b. Questions -List the name, address, and telephone number of the City person 1433 to be contacted concerning questions about the project. 1434 c. Background -Provide as much background as necessary to give the bidder an 1435 understanding of the environment in which the job will be performed and to 1436 which the job relates. 1437 d. Scope of work -Describe in detail the requirement for the job and detail 1438 specification. 1439 e. Desired project schedule -Be as specific as possible. 1440 f. Minimum and desirable qualifications -Be as specific as possible. 1441 g. Performance Bond-Whether a performance bond is required and if so, the 1442 amount and form of bidders security. 1443 h. Sample Contract-A sample of the contract that is expected to be used should 1444 be included in the bid package. 1445 2. Notice Inviting Bids: The initiating department shall also prepare a notice inviting 1446 bids that includes the following: 1447 a. A general description of the services to be purchased. 1448 b. A statement indicating where bid forms, specifications and bonding 1449 requirements can be obtained. 1450 c. A statement specifying the time and place for the opening of the bids. 1451 d. The notice shall be published at least fourteen calendar days before the date 1452 of the opening of bids in a newspaper of general circulation, printed and 1453 published in the City. (It is recommended that it be published twice, not less 1454 than five days apart). 1455 e. The notice shall also be mailed to all construction trade journals specified in 1456 Section 22036 of the Public Contract Code. The notices shall be mailed at least 1457 thirty (30) calendar days before the date of opening the bids. 1458 1459 3. Bid Opening 1460 a. Sealed bids shall be submitted to the City Clerk's office and shall be clearly 1461 identified with the Bid number on the envelope. Upon receipt, the City Clerk 1462 shall date and time stamp the envelope. Faxed or other electronic bids are not 1463 acceptable. 1464 b. Bids shall be opened in public at the time and place stated in the public notice. 1465 c. The City Clerk or his/her designee shall open the bids and shall record all bids 1466 received. 1467 d. Any bid received after the time specified in the notice shall be rejected. 864426 , 1 38 ATTACHMENT 13 1468 e. When a bidder's security is required, it will be announced in the public notice 1469 inviting bids. The amount shall be determined at the time of preparation of the 1470 bid. It shall be in the form of cash, certified or cashier's check, certificate of 1471 deposit in the City of San Juan Capistrano's name or bid bond made payable 1472 to the City of San Juan Capistrano. When a bidder's security is required, a bid 1473 shall not be considered unless one of the aforementioned forms of security 1474 accompanies the bid. Bidders shall be entitled to return of the bid security with 1475 the following exception : 1476 The successful bidder must execute the contract and file acceptable 14 77 documents within thirty (30) calendar days from the date of award unless 1478 extended by the City Manager. Failure to execute the contract shall be just 14 79 cause for annulment of the award and forfeiture of the bidder's security, not as 1480 a penalty, but as liquidated damages. The City Council may, upon refusal or 1481 failure of the successful bidder to execute the contract, award the contract to 1482 the next lowest responsive and responsible bidder. 1483 f. All bids received shall be available for inspection during regular business hours 1484 in the City Clerk 's office for a period of not less than thirty (30) calendar days 1485 after the bid opening. 1486 1487 g. All bids received shall be available for inspection during regular business hours 1488 in the City Clerk's office for a period of not less than thirty (30) calendar days 1489 after the bid opening. 1490 1491 4. Rejection of Bids: The City reserves the right to reject any and all bids, to accept or 1492 reject any one or more items of a bid, or to waive any irregularities or informalities in the 1493 bids or the bidding process if to do so is deemed to best serve the interests of the City. If, 1494 after the first invitation of bids, all bids are rejected, the City may elect to re-advertise for 1495 bids or have the project done by force account. (See Section 22038 of the Public Contract 1496 Code for Procedures and limitations). 1497 5. Determining Lowest Responsive and Responsible Bidder: Award of bid shall be 1498 to the lowest responsive and responsible bidder. All valid responsive and responsible bids 1499 shall be considered in determining the lowest bid. Before the award, the bidder may be 1500 required to furnish evidence of capability, equipment and financial resources to 150 I adequately perform the work. Bidders not found to be responsive or qualified may have 1502 their bid rejected. 1503 6. Tie Bids: If tie bids are received, quality and service being equal, the contract shall be 1504 awarded to a local bidder. 1505 If the above condition is not applicable, the City may, at its discretion: 1506 a. Reject any and all bids presented and re-advertise; or 1507 b. City may accept either one or accept the lowest bid made by negotiation with the 1508 tie bidders; or 1509 c. Award the bid to any one of the low tie bidders by public drawing. 864426 I 39 ATTACHMENT 13 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 1525 1526 1527 1528 1529 1530 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 1547 1548 1549 1550 1551 1552 1553 1554 1555 7. Awarding the Bid: Once the bids have been evaluated, the Department Head/Division Head shall prepare a report to Council recommending the most responsive and responsible bidder. The Council shall then award the bid in a public meeting. All public project contracts exceeding $45 ,000 must be awarded by the City Council. Otherwise: a. Such purchases are void and not considered an obligation of the City. b. Invoices may be returned to the contractor/service provider unpaid. c. The person ordering the unauthorized purchase may be held personally liable for the costs of the contract. I. Exceptions to Competitive Bidding Requirements The bid process may be bypassed with Department Head approval in the following four instances : 1. In emergency situations where time is of the essence, the appropriate Department Head may dispense with bidding procedures with City Manager approval. For the purpose of this section, emergency situations are those procurements required to prevent the immediate interruption or cessation of necessary City services or to safeguard life , property, or the public health and welfare. If the emergency procurement would have otherwise required formal or informal bidding procedures, the department must obtain City Council ratification of the purchase at the next regularly scheduled meeting . See Section I. Paragraph G. for additional information on emergency purchases . 2. When the commodities or services that are required for a purchase can be obtained from only one vendor, the Department Heads shall document that it is a "sole source " purchase on the Bid Recap form. Most sole source purchases shall be the result of the City deciding that it is in its best interest to use a specific vendor or proprietary brand item or when one vendor has the required expertise to perform the needed service. All sole source purchases must be justified by written documentation (bid recap) signed by the appropriate department head and approved by the City Manager prior to being forwarded to the Finance Department. The sufficiency of the justification for sole sourcing will be at the sole discretion of the City Manager in consultation with the department head and will take into account the facts and circumstances relevant to the purchase . 3. When the City Manager determines that compliance with the above procedures for a procurement of goods, supplies, equipment, materials or services cannot be achieved due to timing requirements, which could have not otherwise been avoided, the City may proceed with an informal solicitation of quotes from at least three vendors. A description of the circumstances, the quotes received, and the basis for vendor selection shall be approved by the City Manager. 4. When there exists other governmental contracts that were competitively bid (such as State Contracts, DGS, etc.) that the City is eligible to use. 864426.1 40 ATTACHMENT 13 1556 1557 864426.1 41 ATTACHMENT 13 1558 SECTION VIII -FEDERAL PROCUREMENT 1559 1560 Federal procurement applies to expenditures made for a project or program for which a 1561 Federal award was received. A Federal award is the Federal financial assistance or a 1562 cost-reimbursement contract that the City receives directly from a Federal awarding 1563 agency or indirectly from a pass-through entity such as the county or state. All non- 1564 Federal entities, including subrecipients of a state , must follow Code of Federal 1565 Regulations. PART 200-UNIFORM ADMINISTRATIVE REQUIREMENTS . COST 1566 PRINCIPLES . AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS. 1567 A. Definitions 1568 1. Federal financial assistance. 1569 Assistance that non-Federal entities receive or administer in the form of: 1570 a. Grants; 1571 b. Cooperative agreements; 1572 c. Non-cash contributions or donations of property (including donated surplus 1573 property); 1574 d. Direct appropriations ; 1575 e. Food commodities; 1576 f. Loans; 1577 g. Loan Guarantees; 1578 h. Interest subsidies; 1579 i. Insurance; and 1580 j. Other assistance. 1581 2. Cooperative agreement. 1582 a. A legal instrument of financial assistance between a Federal awarding agency or 1583 pass-through entity and a non-Federal entity that is used to enter into a 1584 relationship the principal purpose of which is to transfer anything of value from 1585 the Federal awarding agency or pass-through entity to the non-Federal entity to 1586 carry out a public purpose authorized by a law of the United States; and not to 1587 acquire property or services for the Federal Government or pass-through entity's 1588 direct benefit or use. It is distinguished from a grant in that it provides for 1589 substantial involvement between the Federal awarding agency or pass-through 1590 entity and the non-Federal entity in carrying out the activity contemplated by the 1591 Federal award. 1592 3. Grant agreement. 1593 a. A legal instrument of financial assistance between a Federal awarding agency or 1594 pass-through entity and a non-Federal entity that is used to enter into a 1595 relationship the principal purpose of which is to transfer anything of value from 1596 the Federal awarding agency or pass-through entity to the non-Federal entity to 1597 carry out a public purpose authorized by a law of the United States; and not to 1598 acquire property or services for the Federal awarding agency or pass-through 1599 entity's direct benefit or use. It is distinguished from a cooperative agreement in 1600 that it does not provide for substantial involvement between the Federal awarding I 60 l agency or pass-through entity and the non-Federal entity in carrying out the 1602 activity contemplated by the Federal award. 1603 4. Loan. 864426 I 42 ATTACHMENT 13 1604 a. A Federal loan or loan guarantee received or administered by a non-Federal 1605 entity, except as used in the definition of program income. 1606 5. Non-Federal entity. 1607 a. A state, local government, Indian tribe, institution of higher education, or nonprofit 1608 organization that carries out a Federal award as a recipient or subrecipient. 1609 6. Pass-through entity. 1610 a. A non-Federal entity that provides a subaward to a subrecipient to carry out part 161 I of a Federal program. 1612 7. Period of performance. 1613 a. The time during which the non-Federal entity may incur new obligations to carry 1614 out the work authorized under the Federal award. The Federal awarding agency l 615 or pass-through entity must include start and end dates of the period of 1616 performance in the Federal award. 1617 8. Program income. 1618 a. Gross income earned by the non-Federal entity that is directly generated by a 1619 supported activity or earned as a result of the Federal award during the period of 1620 performance. Program income includes but is not limited to income from fees for 1621 services performed, the use or rental or real or personal property acquired under 1622 Federal awards, the sale of commodities or items fabricated under a Federal 1623 award, license fees and royalties on patents and copyrights, and principal and 1624 interest on loans made with Federal award funds. Interest earned on advances 1625 of Federal funds is not program income. Except as otherwise provided in Federal 1626 statutes, regulations, or the terms and conditions of the Federal award, program 1627 income does not include rebates, credits, discounts, and interest earned on any 1628 of them. 1629 9. Project cost. 1630 a. Total allowable costs incurred under a Federal award and all required cost 1631 sharing and voluntary committed cost sharing, including third-party contributions. 1632 10. Recipient. 1633 a. A non-Federal entity that receives a Federal award directly from a Federal 1634 awarding agency to carry out an activity under a Federal program. 1635 11. Subaward. 1636 a. Award provided by a pass-through entity to a subrecipient for the subrecipient to 1637 carry out part of a Federal award received by the pass-through entity. It does not 1638 include payments to a contractor or payments to an individual that is a beneficiary 1639 of a Federal program. A subaward may be provided through any form of legal 1640 agreement, including an agreement that the pass-through entity considers a 1641 contract. 1642 12.Subrecipient. 1643 a. A non-Federal entity that receives a subaward from a pass-through entity to carry 1644 out part of a Federal program; but does not include an individual that is a 1645 beneficiary of such program. A subrecipient may also be a recipient of other 1646 Federal awards directly from a Federal awarding agency. 1647 1648 8. Additional Procurement Procedures 1649 1. In addition to the purchasing policies and procedures in Sections I through VII, the 1650 following procedures will apply: 1651 a. No employee, officer, or agent may participate in the selection, award, or 864426 I 43 ATTACHMENT 13 1652 administration of a contract supported by a Federal award if he or she has a 1653 real or apparent conflict of interest. Such a conflict of interest would arise 1654 when the employee, officer, or agent, any member of his or her immediate 1655 family, his or her partner, or an organization which employs or is about to 1656 employ any of the parties indicated herein, has a financial or other interest in 1657 or a tangible personal benefit from a firm considered for a contract. 1658 Disciplinary actions under Rule 11 of the Personnel Rules will be applied for 1659 violations of such standards by officers, employees , or agents of the non- 1660 Federal entity. 1661 b. Procurement using the formal bidding or formal RFP/RFQ procedures must 1662 be followed for purchases over $250,000, except during periods of an 1663 emergency as defined by this policy or a public exigency that requires or 1664 demands immediate aid or action. 1665 c. Formal bidding is the preferred method for procuring construction when the 1666 procurement lends itself to a firm fixed price contract and the selection of the 1667 successful bidder can be made principally on the basis of lowest responsive 1668 and responsible bidder. 1669 d. Procurements must take the following steps to assure minority businesses, 1670 women's business enterprises, and labor surplus area firms are used when 1671 possible : 1672 1. Placing qualified small and minority businesses and women's 1673 business enterprises on solicitation lists; 1674 2. Assuring that small and minority businesses, and women's 1675 business enterprises are solicited whenever they are potential 1676 sources; 1677 3. Dividing total requirements, when economically feasible, into 1678 smaller tasks or quantities to permit maximum participation by 1679 small and minority businesses, and women's business 1680 enterprises; 1681 4. Establishing delivery schedules, where the requirement permits, 1682 which encourage participation by small and minority businesses, 1683 and women's business enterprises; 1684 5. Using the services and assistance, as appropriate, of such 1685 organizations as the Small Business Administration and the 1686 Minority Business Development Agency of the Department of 1687 Commerce; and 1688 6. Requiring the prime contractor, if subcontracts are to be let, to 1689 take the affirmative steps listed in paragraphs 1 through 5 of this 1690 section. 1691 e. Procurements must avoid acquisition of unnecessary or duplicative items. 1692 f. A cost or price analysis in connection with every procurement action in excess of 1693 $250,000 must be performed and must include independent estimates before 1694 receiving bids or proposals. 1695 g. Profit must be negotiated as a separate element of the price for each contract in 1696 which there is no price competition and in all cases where cost analysis is 1697 performed . To establish a fair and reasonable profit, consideration must be given 1698 to the complexity of the work to be performed, the risk borne by the contractor, 864426 1 44 ATTACHMENT 13 1699 the contractor's investment, the amount of subcontracting, the quality of its record 1700 of past performance, and industry profit rates in the surrounding geographical 1701 area for similar work. 1702 h. Costs or prices based on estimated costs for contracts are allowable only to the 1703 extent that the cost accounting principles for determining costs incurred or cost 1704 estimates included in negotiated prices comply with Federal cost principles. 1 705 i. The cost plus a percentage of cost and percentage of construction cost methods 1706 of contracting must not be used. 1707 1708 SECTION IV -DISPOSTION OF SURPLUS PROPERTY/CAPITAL ASSETS 1709 (OTHER THAN REAL PROPERTY) 1710 171 I Surplus Property Definition 1712 Supplies and equipment are considered surplus if they are no longer required by the using 1713 department, because of decreased use, poor condition, damage not worth the cost of 1714 repair, and/or obsolescence. Examples of property include small items, such as binders, 1715 calculators, and electric staplers, as well as inventoried items, such as printers, pool cars, 1716 arid desks. Property can also include capital assets, which are the items that generally 1717 have a higher unit cost and are inventoried as capital assets. Examples of capital assets 1718 are water fountains, playground equipment, and building or structural components, such 1719 as roofs, restrooms, and roadways. This definition of surplus property excludes real 1720 property. 1721 1722 Surplus Property DeterminationNaluation 1723 The Department Head should first determine if a supply, piece of equipment, or capital 1724 asset has become surplus, based on the definition given above . The next step is to 1725 determine the current value of the surplus property item, either from an existing source I 726 document or a reasonable estimate of replacement value, if the original source document 1727 is no longer available through the City's records management system. 1728 1729 If the current value of the surplus property item is less than $500, the Department Head 1730 or designee should bring the surplus property item directly to Finance Department in order 1731 to log its receipt, determine its disposition, and then coordinate its disposal. 1732 1733 Surplus Property/Capital Asset Disposition Form (See Appendix 8) 1734 If the property item is deemed surplus and its current value is over $500, then the 1735 Department Head must complete a Surplus Property/Capital Asset Disposition form. This 1736 form is available on the City's Intranet. One copy of the form should be circulated for 173 7 signatures. 1738 1739 On the disposition form, the Department Head should list the item's description, serial 1740 number, fixed asset tag number (if applicable), location, and condition. The Department 174 I Head should indicate the property's condition (good, fair, poor, or broken) and then 1742 recommend a method of disposal for the property (see the following section for 1743 descriptions of disposal methods). After selecting the recommended action and noting 1744 any other comments, the Department Head must sign and date the Surplus I 745 Property/Capital Asset Disposition form and forward it to the Purchasing Officer. 864426 I 45 ATTACHMENT 13 1746 174 7 Methods of Disposal 1748 There are several ways to dispose of surplus property, including : 1749 • Transfer to another department; 1750 • Trade in for new material, equipment or credit; 1751 • Sell; 1752 • Donate; or 1 753 • Scrap. 1754 1755 Transfer to another Department 1756 Departments can transfer surplus property to one another, subject to the approval of both 1757 of the Department Heads affected by the transfer. If the current value of the item is $500 1758 or above, the department transferring out the property should initiate a Surplus 1759 Property/Capital Asset Disposition form and both Department Heads should sign the 1760 form. If a fixed asset is being transferred (unit price of $2,000 and above), the Accounting 1761 staff will record the new location of the property in the City's fixed asset system. 1762 1763 Trade-In 1764 Surplus property can be offered as trade-in for new equipment or material or for credit 1765 towards the acquisition of new property. If the current value of a surplus property item 1766 slated for trade-in is $500 or over, then a Surplus Property/Capital Asset Disposition form 1767 should be completed. The estimated trade in value of the surplus property or capital asset 1768 should be noted on the Surplus Property/Capital Asset Disposition form and on the 1769 purchase order issued for any new property resulting from the trade in. 1770 1771 Selling Surplus Property 1772 Surplus property may be offered for sale. All surplus property is for sale "as is" and "where 1773 is," with no warranty, guarantee, or representation of any kind, expressed or implied, as 1774 to the condition, utility or usability of the property offered for sale. For any sale of surplus 1775 property with a current value of $500 or above, the Department Head should indicate on 1776 the Surplus Property/Capital Asset Disposition form the recommended selling method 1777 and any other notations in the Department Head approval. Appropriate methods of sale 1778 are as follows: 1779 1 780 a. Public Auction -City staff may conduct public auctions or the City may contract 1781 with a professional auctioneer and/or an Internet auctioneer for this service. 1782 1783 b. Sealed bids -Sealed bids may be solicited for the sale of surplus property. 1784 Surplus property disposed of in this manner shall be sold to the highest 1785 responsible bidder. 1786 1787 c. Negotiated Sale -Surplus property may be sold outright if the Purchasing 1788 Officer determines that only one known buyer is available or interested in 1789 acquiring the property. 1790 1791 d. Selling to City Employees -If recommended by the Purchasing Officer and 1792 approved by the City Manager, certain surplus property items may be offered 864426 _ I 46 ATTACHMENT 13 1793 for sale to City employees on an exclusive basis or in conjunction with sales to 1794 the public; however, those employees whose job responsibilities involve central 1795 purchasing administration and/or functional control over the surplus property 1796 are not permitted to participate in such sales. 1797 1798 e. Selling as Salvage -Equipment, materials, supplies, fixtures, or facility 1799 components that are no longer capable of performing their intended function 1800 without extensive repair, or that are of no value except for reclamation 1801 purposes, may be considered salvage. Surplus property may be sold as 1802 salvage if the Purchasing Officer deems that the value of the raw material 1803 exceeds the value of the property as a whole. 1804 1805 Donation of Surplus Property 1806 The Department Head may recommend and the Purchasing Officer may authorize, 1807 subject to the approval of the City Manager, the donation of surplus property to a non- 1808 profit organization or school district located or operating in San Juan Capistrano or, 1809 secondarily, to any other non-profit organization or private organization that provides 181 o assistance to nonprofit organizations. If surplus property has been approved for donation, 1811 the Purchasing Officer will notice the availability of such property for donation, indicating 1812 the quantity, description, and location of the surplus property, by one or more of the 1813 following methods: in a local newspaper and on the City's web site. This notice will also 1814 indicate a closing date for the receipt of all requests for donation and indicate the way in 1815 which interested parties can receive additional information. 1816 1817 Requests for donation will be accepted on a first-come, first-serve basis. The Purchasing 1818 Officer will send a letter to the non-profit organization(s) or school district(s) that respond 1819 to the notice to advise them of the City's terms and conditions of the donation. The terms 1820 and conditions that the requesters must meet are: (1) accepting the property "as is," with 1821 no implied warranties, (2) stating an immediate need for the property and putting it into 1822 immediate use; (3) agreeing that the property will not ever be sold or otherwise transferred 1823 for profit; and (4) assuming all costs and liability associated with the removal and 1824 transportation of the surplus property from the City. A return letter, signed by an 1825 authorized agent from the non-profit organization or school district, accepting the City's 1826 terms and conditions is required before the surplus property can be released. 1827 1828 If, in the opinion of the Purchasing Officer, the donated property has a current value of 1829 less than $1,000, then the City Manager can approve the release of the property to the 1830 recipient(s) that meet the above criteria and agree to the City's terms and conditions. If, 1831 in the opinion of the Purchasing Officer, the donated property has a current value of 1832 $1,000 or more, the Purchasing Officer will prepare a report to identify the specific 1833 property to be donated, the estimated current value of the property, and the proposed 1834 recipient(s) of the property for approval by City Council. After City Council's approval, the 1835 surplus property approved for donation may then be released. 1836 1837 The department from which the donated property is being taken should remove any fixed 1838 asset or San Juan Capistrano property tags before the property is officially transferred to 1839 the recipient organization(s). 1840 864426.1 47 ATTACHMENT 13 1841 Scrap/No Value Item 1842 Scrap, as one method of surplus property disposal, essentially means throwing an item 1843 into the trash. Scrap is recommended only after determining that none of the other 1844 methods of disposal -selling, exchange, trade-in, donation, or salvage -is feasible. 1845 Broken items that can be repaired economically will be fixed and returned to the using 1846 department. For any broken or inoperable piece of property that, based· on the 184 7 recommendation of the Department Head and the judgment of the Purchasing Officer, 1848 cannot be economically repaired, traded in, sold, auctioned, donated or salvaged, the 1849 item may be scrapped, regardless of the original purchase price. 1850 1851 If the Department Head or designee recommends that an unbroken surplus property item 1852 with a current value below $500 or several unbroken surplus property items with a 1853 collective current value below $1,000 be scrapped, then he/she should bring the item(s) 1854 directly to the Purchasing Division for disposal. If the surplus property is obsolete or 1855 nonfunctional and cannot be traded in, sold auctioned, donated or salvaged, the 1856 Purchasing Officer, with the approval of the City Manager, may scrap such surplus 1857 property . 1858 1859 If a surplus property item recommended to be scrapped is not broken and has a current 1860 value equal to or above $500, or for multiple items, a combined current value equal to or 1861 above $1,000, then the Department Head must complete a Surplus Property/Capital 1862 Asset Disposition form. Under these conditions, especially if City staff will directly dispose 1863 of the item(s), Council approval to scrap will also be required. If City staff does not directly 1864 scrap this category of surplus property but a contractor is instead hired to remove and 1865 replace the property, then the disposal method is considered to be a trade in, not scrap, 1866 and the City Council approval requirement does not apply. 1867 1868 For multiple items proposed to be scrapped, the size of the lot and thus the total current 1869 value will be based on the items and values entered on the Surplus Property/Capital Asset 1870 Disposition form(s) submitted by the department. Splitting of surplus lots on these forms 1871 to avoid the City Council reporting requirements is prohibited. 1872 1873 The report to City Council to request approval to scrap will be prepared by the Purchasing 1874 Division after receipt of the completed Surplus Property/Capital Asset Disposition form. 1875 Once City Council approval is granted, the Purchasing Officer will then scrap the item(s). 1876 1877 Purchasing Officer's Review and Final Disposition 1878 In the case of surplus property items with a current value below $500 for a single item or 1879 below $1,000 for multiple items within one lot, the departments do not have to complete 1880 a Surplus Property/Capital Asset Disposition form. Instead, the departments will 1881 physically bring the items to the Finance Department. Finance Department will receive 1882 these items from the department, and the Purchasing Officer will determine the best 1883 method for disposal of these items. A description of these surplus property items, as well 1884 as the date received from the departments, the disposal method, and the disposal date 1885 will be recorded on a surplus property log maintained by Finance Department. 1886 1887 For all surplus property items with a current value equal to or above $500 for a single item 1888 or equal to or above $1,000 for multiple items within one lot, the Purchasing Officer will 864426.1 48 ATTACHMENT 13 1889 review the department's completed Surplus Property/Capital Asset Disposition form, 1890 concur with or recommend an alternate action, and then forward the form to the City 1891 Manager for approval. The Purchasing Officer will also ascertain whether City Council 1892 approval is required to donate or scrap surplus property items, depending on the current 1893 value of the items listed on the form. If further City Council action is required, then the 1894 Purchasing Officer will indicate that a report to City Council for final approval will be 1895 necessary. After the City Manager has approved the Surplus Property/Capital Asset 1896 Disposition form, it will be returned to the Purchasing Officer for either preparation of a 1897 report to City Council, if needed, or for final disposition of the property. 1898 1899 After the disposal of the surplus property, the Purchasing Officer will complete and sign 1900 the Surplus Property/Capital Asset Disposition form, noting the date, disposal method, 1901 and any proceeds received, if the property was sold. The Purchasing Officer will also note 1902 the date that City Council approved the donation or scrapping of surplus property if that 1903 level of approval was required. 1904 1905 After all signatures have been obtained, a copy of the form will be sent to the initiating 1906 department and to the Accounting Division, which will remove any surplus property items 1907 that had been classified as fixed assets from the City's Fixed Asset Records. Purchasing 1908 will keep the completed original form on file. 1909 191 O Proceeds 1911 Any proceeds received from the trade-in or sale of surplus property will be credited to the 1912 General Fund or the Facilities Operations Fund as appropriate. 1913 1914 864426 I 49 ATTACHMENT 13 1915 APPENDIX A-PURCHASING AUTHORITIES 1916 1917 Uniform Public Construction Cost Accounting Resolution 06-09-19-04 approved 1918 September 19, 2006 1919 864426 . 1 RESOLUTION NO. 00-09-1~ IJ4 I A SOLIJTlON 0 THE CITY COUNCIL Of THE CITY Of SA !ll JU~ CAPISTRANO, CALIFORN IA. ELECTING FOR TI1E CITY TO BECoME SUBJECT TO THE U~ORM PUBLIC CDNSTRUC TJ ON COST ACCOUNTfNG PROC ·OU~ Wf-lt:R AS. prior to he passage o'f As.secn bi Bii No . 1666, Cha p t~r 1054 , Statutes of 983 . ' iat added Chap4er 2. oomm ncing wi cliOn 22000 r.o P3rt 3 ot °'~'."" .2· ot the P\Jbli Contreei Cede. ng la did not pro11id~ a uniT' rm CO&l ectoonting s1andard or W'l$tnl~lon "'' perlOtl'n()d or contr cied by 6o pubric agenc:u,s; and WHEREAS, F'ub c Contrccl Code Secllon 22000 et seq,, lhe Unlf Pu~ Cori ruction Cos\ AeCOl.in ng {the 'Aet'J estab11shes such a c,mifomi oost unting standard; and WHEREAS, The D111fo mi " un· urm Public C01'1$\tuction Co~\ A un Ing con' · alon (die "Comrnis$ion~) Htabli$hed under !he Ar:t. has developed ooifoon pu ic cost acoounting ~ res for implernent~iOr'I by IO~ pubk 1 in Ile pen~ of°' In the oontracilng for oon51ruction of public projects . NOW, TH£R FORE, BE t1' RESOlVED, that Ute City-COunoll of fue Ci at San JI.Jan Capi$1 no dOc'J hereby e~ as follo~s: SECTION \, The City Coo I c4 ttie Day of Sen Jual\ Cap"l!ltrano haraY>y eiea.s. under Public COntraci Cod6 SectiOo 22000 to be<Xlm subje(;I to the 1.mifonn jXtblle construction co~ accounting• procsdl.lfes &et forth in rhe Act and to the Comrpls'Sion's policies and proced ~ mBnuat a"4 oost ~u~ln~ r v f!ltOCOdur , ai tl'lcy m3Y eacn from thne to time be a'Jlended . · SECTION 2. The Crty Cle~ is hareb}' direcied to (a) nolify the State of C · omia Con lier ln writ of ttie Clty ot $a Juan ~ls1raoo 's election lo become subject to \he unifonn pu ic cOn ruction cost acc0un -PfO<;edure& and (b) 1 a ¢rJf7)' ot lhis Reso fu11on with he S1ale ~ Call ornl a Con oil er st lhe fol lowi ng address : Office of 81 e COC'rlrol!Ct', IJivi n ot Account~ 1nd Rcp<>rtiflg, lo GollOfTimenl 1Pollcm Secbon. P.O. Box 94285tl, Sacram ento. CA. '94250_ ' f ·f I ufl 9.119: 006 50 ATTACHMENT 13 1920 1921 864426 1 .PASSED, APP OV 0, AND ,ADOPTED ~hla 1 W" day Of S.ptember 2Q06 . ATTEST : STATE OF CALIFORNIA CQUNTY OF ORANG ) u. CfTV Of SAN JU CAPI TR ANO ~ I, MARGAAET R. ~ AH AN , p ntetl Cily Ct of !he Ci)• of 88'1 Juan Ca~!tano . do tier(lby centty lh9 fo111gOmg Ra:s«>411tlon No . 0 -OfM9.C'4 wa dliyadlllJt&:tbytfleCity C.Q uocl ol'th~C ltyaf S;inJ C;r;ii nl) e Re 1£f mee · og thet'eof helij lhc 9 'I of Scplern!ler 2006, by tis folla11 ng vote : AYES . OOUNCt ME 19ERS : 9-lhpa!!!. Stlto, Ml~ S~rdlin Noes: COUNC MEMBER: <>ne AS SENT; COU C1L IAB IBER Hert, Allevato --/J 1W~~·f-// k__ '--- r._,AAoARlit R IAONAfWJ, City rt .J 2 uf2 51 ATTACHMENT 13 2 3 4 5 6 7 FIVE-VEAR AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS AGREEMENT, entered into this First day of May 2015, which s date is enumerated for purposes of reference only, by and between the CITY OF 9 SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and the COUNTY OF 10 ORANGE, a political subdivision of the State of California, hereinafter referred to as 11 "COUNTY." 12 WITNESSETH: 13 WHEREAS, CITY wishes to contract with COUNTY for law 14 enforcement services; and 15 WHEREAS, COUNTY is agreeable to the rendering of such services, 16 as authorized in Government Code Sections 51301 and 55632, on the terms and i7 conditions hereinafter set forth. 18 NOW, THEREFORE, IT IS MUTUALL V AGREED AS FOLLOWS: 19 II 20 II 21 II 22 II 23 // 24 II 25 // 26 II 21 II 28 // Page 1 of 26 ATTACHMENT 14 TABLE OF CONTENTS 2 3 SECTION PAGE 4 A. Term 3 5 8. Optional Termination 3 6 c. Regular Services by COUNTY 3 7 D. Enhanced and Supplemental Services by County 7 8 E. Patrol Video Systems 9 9 F. Licensing Services by CITY 11 10 G. Payment 11 11 H. Notices 17 12 I. Status of COUNTY 18 13 J. State Audit 18 14 K. Alteration of Terms 19 15 L. Indemnification 19 16 M. Traffic Violator Apprehension Program 20 17 N. Mobile Data Computers 23 18 0. E-Citation Units 24 19 Signature Page 26 20 II 21 II 22 II 23 II 24 II 25 II 26 II 27 II 28 II Page 2 of 26 ATTACHMENT 14 A. 2 3 4 5 B. 6 7 8 c. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TERM: The term of this Agreement shall. be for five (5) years, commencing July 1, 2015 and terminating June 30, 2020, unless earlier terminated by either party in the manner set forth herein. OPTIONAL TERMINATION: COUNTY or CITY may terminate ·this Agreement, without cause, upon one- hundred and eighty (180) days written notice to the other party. REGULAR SERVICES BY COUNTY: 1. COUNTY, through its Sheriff-Coroner and deputies, officers and employees, hereinafter referred to as "SHERIFF," shall render to CITY law enforcement services as hereinafter provided. Such services shall include the enforcement of lawful State statutes and lawful municipal ordinances of CITY other than licensing ordinances. 2. The night, day and evening patrol and supervisory shifts will be established by SHERIFF. Personnel of each shift may work varying and different times and may be deployed to other shifts when, in the opinion of SHERIFF and CITY Manager, the need arises. Any long-term shift deployment change will be reported to the City Council. 3. Each fiscal year, COUNTY shall submit to CITY, in writing, a recommended level of service for the following fiscal year. CITY shall remit to COUNTY, in writing, its response to the recommended level of service. If the parties are unable to agree by June 30 of any fiscal year on the level of service to be provided by COUNTY to CITY or on the amount to be paid by CITY for services to be provided by COUNTY for the following fiscal year, this Agreement will terminate as of September 30 of the following fiscal year. If the parties do not agree by June 30 on the level of service and cost of service for the following fiscal year, between July 1 and September 30 of the following fiscal year, COUNTY will provide Page 3 of 26 ATTACHMENT 14 c. REGULAR SERVICES BY COUNTY: (Continued) 2 the level of service provided in preceding fiscal year, and CITY shall be 3 obligated to pay the costs of such services. The full cost of such services A may exceed the cost of similar services provided in the prior fiscal year. .. 5 4. The level of service, other than for licensing, to be provided by the 6 COUNTY for the period July 1, 2015 through June 30, 2016, shall be as 7 follows: B Management: 9 • One (1) Lieutenant 10 Supervision: 11 • Four (4) Sergeants -Patrol 12 (each 80 hours per two week pay period) 13 • One (1) Sergeant -Administrative 14 (80 hours per two-week pay period) 15 Investigation Services: 16 • Two (2) Investigators 17 (each 80 hours per two-week pay period) 18 Patrolffraffic Services: 19 • Fourteen (14) Deputy Sheriff lls -Patrol 20 (each 80 hours per two-week pay period) 21 • One (1) Deputy Sheriff II -Special Enforcement 22 (Directed Enforcement Team-· DET) 23 (80 hours per two-week pay period} 24 • Three (3) Deputy Sheriff lls ·· Motorcycle 25 (each 80 hours per two-week pay period) 2 6 Deployment to be determined by SHERIFF in cooperation with CITY 27 manager. 28 II Page 4 of 26 ATTACHMENT 14 c. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 7 28 REGULAR SERVICES BY COUNTY: (Continued) Community Support Unit: • One (1) Deputy Sheriff II (80 hours per two-week pay period) • One (1) Crime Prevention Specialist (80 hours per two-week pay period) Parking Control: • Two (2) Community Services Officers (each 80 hours per two-week pay period) Regional I Shared Staff: • 7.91 percent of sixty one hundredths of one (0.60) Sergeant -Traffic • 7 .91 percent of four (4) Deputy Sheriff lls -Traffic • 7 .91 percent of two (2) Investigative Assistants -Traffic • 7.91 percent of one (1) Office Specialist -Traffic • 5.38 percent of thirty one hundredths of one (0.30) Sergeant - Auto Theft • 5.38 percent of two (2) Investigators -Auto Theft • 5".38 percent of one (1) Investigative Assistant -Auto Theft • 5.38 percent of one (1) Office Specialist -Auto Theft • 12.21 percent of one (1) Sergeant -Directed Enforcement Team (DET) • 12.21 percent of one (1) Investigator -Directed Enforcement Team (DET) • 6 . 97 percent of one ( 1) Office Specialist -Subpoena • 13.86 percent of two (2) Investigative Assistants -Court • 9 .38 percent of one half of one (0 .50) Motorcycle Sergeant 5. For any service listed in Subsection C-4 of this Agreement that is provided to CITY at less than 100% of a full-time SHERIFF position , COUNTY retains the option to terminate such service in the event the other city or cities which contract(s) for the balance of the time of the employee Page 5 of 26 ATTACHMENT 14 c. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REGULAR SERVICES BY COUNTY: (Continued) providing the service no longer pay(s) for such service and CITY does not request the Agreement be amended to pay 100% of the cost of the employee providing such service. The Maximum Obligation of CITY set forth in Subsection G-3 will be adjusted accordingly. 6. All services contracted for in this Agreement may not be operational on the precise date specified in this Agreement. In those instances, SHERIFF shall notify CITY Manager of the date or dates such service or services are to be implemented. SHERIFF shall reduce the monthly charges to CITY, based on the actual date of implementation of the service or services. Charges shall be reduced on the next monthly billing tendered in accordance with Subsection G-6 of this Agreement. 7. During emergencies, such as a mutual aid situation, SHERIFF will attempt to leave in CITY the Lieutenant in charge of CITY Police Services. If SHERIFF determines that the Lieutenant is needed elsewhere, SHERIFF will notify CITY's Manager within four (4) hours. SHERIFF will return the Lieutenant to CITY as soon as possible once the emergency situation is under control. 8. With respect to the licensing ordinances of CITY listed in Attachment A hereto, which is incorporated · herein by this reference, SHERIFF shall receive applications for CITY licenses pursuant to said ordinances and complete investigations relating to such applications. Said investigations shall be forwarded to CITY Manager. COUNTY shall not provide any advisory, administrative, hearing or litigation attorney support or services related to licensing. COUNTY shall not provide any administrative or investigatory services related to the licensing ordinances listed in Attachment A, hereto, except the investigations relating to initial applications for which this subsection provides. Page 6 of 26 ATTACHMENT 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 6 27 28 c. D. 1. 2. REGULAR SERVICES BY COUNTY: (Continued) 9. COUNTY or CITY, upon thirty (30) days notice and mutual written agreement; shall increase or decrease the service levels provided herein, and the obligation of CITY to pay for services shall be concomitantly adjusted. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: Enhanced services for events on CITY property . At the request of CITY, through its City Manager, SHERIFF may provide enhanced law enforcement services for functions, such as community events, conducted on property that is owned, leased or operated by CITY. SHERIFF shall determine personnel and equipment needed for such enhanced services. To the extent the services provided at such events are at a level greater than that specified in Subsection C-4 of this Agreement, CITY shall reimburse COUNTY for such additional services, at an amount computed by SHERIFF, based on the current year's COUNTY law enforcement cost study. The cost of these enhanced services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement. SHERIFF shall bill CITY immediately after each such event. Suppl emental se rvices for occasional events operated by private individuals and entities on non -CITY property. At the request of CITY, through its City Manager, and within the limitations set forth in this subsection D-2, SHERIFF may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated by private individuals or private entities on non·CITY property. SHERIFF shall determine personnel and equipment needed tor such supplemental services, and will provide such supplemental services only if SHERIFF is able to do so without reducing the normal and regular ongoing services that SHERIFF otherwise would provide to CITY pursuant to this Page 7 of 26 ATTACHMENT 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26 27 2 8 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) Agreement. Such supplemental services shall be provided only by regularly appointed full-time peace officers, at rates of pay governed by a Memorandum of Understanding between COUNTY and the bargaining unit(s) representing the peace officers providing the services. Such supplemental services shall include only law enforcement duties and shall not include services authorized to be provided by a private patrol operator, as defined in Section 7582.1 of the Business and Professions Code. Law enforcement support functions, including, but not limited to, clerical functions and forensic science services, may be per1ormed by non-peace officer personnel if the services do not involve patrol or keeping the peace and are incidental to the provision of law enforcement services. CITY shall reimburse COUNTY its full, actual costs of providing such supplemental services at an amount computed by SHERIFF, based on the current year's COUNTY law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement. SHERIFF shall bill CITY immediately after each such event. 3. Su pp lem e nta l services for e ve nts operated _ by public entities on non-CITY property. At the request of CITY , through its City Manager, and within the limitations set forth in this subsection 0-3, SHERIFF may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated by public entities on non-CITY property. SHERIFF shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if SHERIFF is able to do so without reducing services that SHERIFF otherwise;: would provide to CITY pursuant to this Agreement CITY shall reimburse COUNTY its full, actual costs of providing such supplemental services at an amount computed by SHERIFF, based on Page 8 of 26 ATTACHMENT 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 6 27 28 D. E. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) the current year's COUNTY law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement. SHERIFF shall bill CITY immediately after each such event. 4. Notwithstanding the foregoing, CITY, through its permit process, may utilize the services of SHERIFF at events,· for which CITY issues permits, that are operated by private individuals or entities or public entities. SHERIFF shall determine personnel and equipment needed for said events. If said events are in addition to the level of services listed in Subsection C-4 of this Agreement, CITY shall reimburse COUNTY for such additional services at an amount computed by SHERIFF, based upon the current year's COUNTY law enforcement cost study. The cost of these services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement. SHERIFF shall bill CITY immediately after said services are rendered. 5. In accordance with Government Code 51350, COUNTY has adopted Board Resolution 89-1160 which identifies Countywide services, including but not limited to helicopter response. SHERIFF through this contract provides enhanced helicopter response services. The cost of enhanced helicopter response services is included in the cost of services set forth in Subsection G- 2 and in the Maximum Obligation of CITY set forth in Subsection G-3 . COUNTY shall not charge any additional amounts for enhanced helicopter services after the cost of services set forth in Subsection G -2 and in the Maximum Obligation set forth in Subsection G-3 has been established in any fiscal year without written notification to the CITY. PATROL VIDEO SYSTEMS: 1. As part of the law enforcement seivices provided to CITY, COUNTY has provided, or will provide patrol video systems (hereinafter called "PVS ") Page 9 of 26 ATTACHMENT 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 6 27 28 E. PATROL VIDEO SYSTEMS: (Continued) that will be mounted in the patrol vehicles designated by COUNTY for use within CITY service area. 2. SHERIFF has the exclusive right to use said PVS for law enforcement services related to this Agreement. 3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and installation of Patrol Video Systems that are or will be mounted in patrol vehicles assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such PVS when they become functionally or technologically obsolete. The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of PVS, are included in the costs set forth in Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacement/upgrade of said PVS during the period July 1, 2015 through June 30, 2016. 4. If, following the initial acquisition of PVS referenced above, CITY requires PVS for additional patrol cars designated for use in the CITY service area, COUNTY will purchase said additional PVS. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of ac quisition and installation of said additional PVS, and b) the full recurring costs for said PVS, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacem e nt an d upgrade of such PV S when they become functionally or technologica lly o bso lete . Said costs related to additional PVS are not included in , and are in add itio n to, the costs set forth in Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement. Page 10 of 26 ATTACHMENT 14 E. 2 3 4 5 6 7 F. 8 9 10 11 12 13 14 G. 15 16 i7 18 19 20 21 22 23 24 25 26 27 28 PATROL VIDEO SYSTEMS: (Continued) 5. County will replace and/or l:lpgrade PVS as needed. The costs of replacing/upgrade PVS shall be paid by COUNTY from the repiacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade PVS. LICENSING SERVICES BY CITY: Upon receipt from SHERIFF of investigations of applications for licenses referred to in Subsection C-8 of this Agreement, CITY Manager shall determine whether to grant or deny the licenses and will issue the licenses or notify the applicants of denial. CITY shall provide all attorney services related to the granting, denial, revocation and administration of said licenses and the enforcement of CITY ordinances pertaining to said licenses. PAYMENT: 1. Pursuant to Government Code Section 51350, CITY agrees to pay to COUNTY the full costs of performing the services mutually agreed upon in this Agreement. The cost of services includes salaries, wages, benefits, mileage, services, supplies, equipment, and divisional, departmental and COUNTY General overhead. 2. Unless the level of service described in Subsection C-4 is increased or decreased, or CITY is required to pay for increases as set forth in Subsection G-4 , the cost of services described in Subsection C-4 of this Agreement, other than Licensing Services, to be provided by the COUNTY for the period July 1, 2015 through June 30, 2016, shall be as follows: SERVICE Management: • One (1) Lieutenant @ $319,245/each Page 11 of 26 COST OF SERVICE $ 319,245 ATTACHMENT 14 G. PAYMENT: (Continued) 2 SERVICE COST OF SERVICE 3 Supervision: 4 • Four (4) Sergeants -Patrol sl @ $277,869/each $ 1, 111,476 6 • One (1) Sergeant -Administrative 7 @ $277,869/each $ 277,869 8 Investigation Services: 9 • Two (2) Investigators 10 @ $275,999/each $ 551,998 11 Patrol/Traffic Services: 12 • Fourteen (14) Deputy Sheriff lls -Patrol 13 1 @ $230,739/each $ 3,230,346 14 • One (1) Deputy Sheriff II -Special Enforcement 15 (Directed Enforcement Team -DET) 16 @ $230, 739/each $ 230,739 17 • Three (3) Deputy Sheriff lls -Motorcycle 18 @ $235,922/each $ 707,766 19 Community Support Unit: 20 • One (1) Deputy Sheriff II 21 @ $230,739/each $ 230,739 22 • One (1) Crime Prevention Specialist 23 @ $92,906/each $ 92,906 24 Parking Control: 25 • Two (2) Community Services Officers 26 @ $114,356/each $ 228,712 27 II 28 II Page 12 of 26 ATTACHMENT 14 G. PAYMENT: (Continued) 2 SERVICE COST OF SERVICE 3 Regional I Shared Staff: 4 .. 7 .91% of sixty one hundredths of one (0.60) Sergeant -Traffic 5 @ $281 ,289leach $ 13,350 6 • 7.91% of four (4) Deputy Sheriff lls -Traffic 7 @ 245,706leach $ 77,741 8 • 7 .91 % of two (2) Investigative Assistants -Traffic 9 @ $115,074leach $ 18,205 10 • 7.91 % of one (1) Office Specialist -Traffic 11 @ $92,928/each $ 7,351 12 • 5.38% of thirty one hundredths of one (0.30) Sergeant -Auto Theft 13 @ $280,5131each $ 4,527 14 • 5.38% of two (2) Investigators -Auto Theft 15 @ $251,035/each $ 27,011 16 • 5 .38% of one (1) Investigative Assistant -Auto.Theft 17 @ $119,265/each $ 6,416 18 • 5.38% of one (1) Office Specialist-Auto Theft 19 @ $91,980/each $ 4,949 20 • 12.21% of one (1) Sergeant-Directed Enforcement Team (DET) 21 @ $379,854/each $ 46,380 22 • 12 .21% of one (1) Investigator-Directed Enforcement Team (DET) 23 @ $300,961/each $ 36,747 24 • 6.97% of one (1) Office Specialist -Subpoena 25 @ $84, 796/each $ 5,910 26 • 13.86% of two (2) Investigative Assistants -Court 2 7 @ $116,732/each $ 32,358 28 II Page 13 of 26 ATTACHMENT 14 G. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 3 2 4 25 26 27 II 2 8 II PAYMENT: (Continued) SERVICE COST OF SERVICE • 9.38% of one half of one (0.50) Motorcycle Sergeant @ $308,496leach Other Charges and Credits: $ 14,468 $ 1,176,721 Charges: Annual leave paydowns and apportionment of cost of leave balances paid at end of employment; premium pay for bilingual staff; contract administration; data line charges; direct services and supplies; E-citation; enhanced helicopter response services; fa~ility lease; holiday pay: comp and straight time; Integrated Law & Justice Agency of Orange County; mobile data computer (MDC) recurring · costs; on-call pay; overtime; patrol training cost allocation; patrol video system (PVS) recurring costs; retirement rate discount expenses (interest and cost of issuance); training; transportation costs including vehicle fuel, mileage interest for replacement vehicles and maintenance. Credits: Local assistance funding; false · alarm fees; overtime rate adjustment; reimbursement for training and miscellaneous programs; retirement rate discount FY 2015-16. TOT AL COST OF SERVICES $ 8.453.930 3. Unless the level of service described in Subsection C-4 is increased or decreased, or CITY is required to pay for increases as· set forth in Subsection G -4, the Maximum . Obligation of CITY for services, other than Licensing Services that are referenced in Subsection C-4 of this Agreement and rendered by COUNTY between July 1, 2015 and June 30, 2016, is $8,453,930. Page 14 of 26 ATTACHMENT 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. PAYMENT: (Continued) 4-a. At the time this Agreement is executed, there are unresolved issues pertaining to potential changes in salaries and benefits for COUNTY employees. The costs of such potential changes are not included in the FY 2015-16 cost set forth in subsection G-2 nor in the FY 2015-16 Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement. If the changes result in the COUNTY incurring or becoming obligated to pay for increased cost for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection G-3 of this Agreement, the full costs of said increases to the extent such increases to the are attributable to work performed by such personnel during the period July 1, 2015 through June 30, 2016, and CITY's Maximum Obligation hereunder shall be deemed to have increased accordingly. CITY shall pay COUNTY in full for such increases on a pro-rata basis over the portion of the period between July 1, 2015 and June 30, 2016 remaining after COUNTY notifies CITY that increases are payable. If the changes result in the COUNTY incurring or becoming obligated to pay for decreased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, COUNTY shall reduce the amount owed by the CITY to the extent such decreases are attributable to work performed by such personnel during the period July 1, 2015 through June 30, 2016, and CITY's Maximum Obligation hereunder shall be deemed to have decreased accordingly. COUNTY shall reduce required payment by CITY in full for such decreases on a pro-rata basis over the portion of the period between July 1, 2015 and June 30, 2016 remaining after COUNTY notifies CITY that the Maximum Obligation has decreased. Page 15 of 26 ATTACHMENT 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. II PAYMENT: (Continued) 4-b. If CITY is required to pay for increases as set forth in Subsection G-4a above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY pursuant to Subsection C-4 of this Agreement to a level that will make the Maximum Obligation of CITY hereunder for the period July 1, 2015 through June 30, 2016 an amount' specified by CITY that is equivalent to or higher than the Maximum Obligation set forth in Subsection G-3 for said period at the time this Agreement originally was executed. The purpose of such adjustment of service levels will be to give CITY the option of keeping its Maximum Obligation hereunder at the pre-increase level or at any other higher or lower level specified by CITY. In the event of such reduction in level of service and adjustment of costs, the parties shall execute an amendment to this Agreement so providing. Decisions about how to reduce the level of service provided to CITY shall be made by SHERIFF with the approval of CITY. 5. The Maximum Obligation of CITY for services provided for the 12-month periods commencing July 1, 2016, 2017, 2018 and 2019, will be determined annually by COUNTY and approved by CITY. 6. COUNTY shall invoice CITY monthly, one-twelfth (1/12) of the Maximum Obligation of CITY. If a determination is made that increases described in Subsection G-4 must be paid, COUNTY thereafter shall include the pro- rata charges for such increases in its monthly invoices to CITY for the balance of the period between July 1, 2015 and June 30, 2016. 7. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors' approved County Billing Policy, which is attached hereto as Attachment B. and incorporated herein by this reference . Page 16 of 26 ATTACHMENT 14 G. PAYMENT: (Continued) 2 8. COUNTY shall charge CITY late payment penalties in accordance with s County Billing Policy. 4 9. As payment for the Licensing Services described in Subsection C-8 of this 5 Agreement, COUNTY shall retain all fees paid by applicants for licenses, 6 pursuant to CITY ordinances listed in Attachment A hereto. Retention of 1 said fees by COUNTY shall constitute payment in full to COUNTY for costs a incurred by COUNTY in performing the functions related to licensing g described in Subsection C-8; p(ovided, however, that if any of said fees are 10 waived or reduced by CITY, CITY shall pay to COUNTY the difference 11 between the amount of fees retained by COUNTY and the fees that were 12 set forth in the ordinances listed in Attachment A as of July 1, 2015. 13 Should CITY increase the fee schedule for the licensing ordinances set 14 forth in Attachment A, either party shall have the right to seek amendment 15 of this Agreement with respect to the division of the increased fees 16 between CITY and COUNTY. 11 10. Fees generated or collected by SHERIFF contract personnel for copying of 1s documents related to the services provided in this Agreement will be at 19 COUNTY~established rates and will be credited to CITY on an annual 20 basis. 21 11. Narcotic asset forfeitures will be handled pursuant to Attachment C hereto, 22 which is incorporated herein by this reference. 23 H. NOTICES: 24 1. Except for the notices provided for in Subsection 2 of this Section, all 2s notices authorized or required by this Agreement shall be effective when 26 written and deposited in the United States mail, first class postage prepaid 27 and addressed as follows: 2s II Page 17 of 26 ATTACHMENT 14 H. 2 3 4 5 6 7 8 9 10 11 12 I. 13 14 15 16 17 18 19 20 21 22 23 J. 24 25 26 27 28 NOTICES: (Continued) CITY: ATIN: CITY MANAGER 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 COUNTY: ATIN: CONTRACT MANAGER SHERIFF-CORONER DEPARTMENT 320 NORTH FLOWER STREET, SUITE 108 SANTA ANA, CA 92703 2. Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as above. STATUS OF COUNTY: COUNTY is, and shall at all times be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between CITY and COUNTY or any of COUNTY's agents or employees. COUNTY and its SHERIFF shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by COUNTY pursuant to this Agreement. COUNTY, its agents and employees, shall not be entitled to any rights or privileges of CITY employees and shall not be considered in any manner to be CITY employees. STATE AUDIT: Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be subject to examination and audit by the State Auditor for a period of three (3) years after final payment by CITY to COUNTY under this Agreement. CITY and COUNTY shall retain all records relating to the performance of this Agreement for said three-year period , except that records pertaining to any Page 18 of 26 ATTACHMENT 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J. K. L. STATE AUDIT: (Continued) audit then in progress, or any claim or litigation shall be retained beyond said three-year period until final resolution of said audit, claim or litigation. Al TERATION OF TERMS: This Agreement fully expresses all understanding of CITY and COUNTY with respect to the subject matter of this Agreement, and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement shall be valid unless made in writing, formally approved and executed by duly authorized agents of both parties. INDEMNIFICATION: 1. COUNTY, its officers, agents, employees, subcontractors and independent contractors shall not be deemed to have assumed any liability for the negligence or any other act or omission of CITY or any of its officers, agents, employees, subcontractors or independent contractors, or for any dangerous or defective condition of any public street or work or property of CITY, or for any illegality or unconstitutionality of CITY's municipal ordinances. CITY shall indemnify and hold harmless COUNTY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon the condition of any public street or work property of CITY, or upon the illegality or unconstitutionality of any municipal ordinance of CITY that SHERIFF has enforced, or upon any act or omission of CITY, or its elected and appointed officials , officers , agents, employees, subcontractors or independent contractors related to this Agreement , including, but not limited to, any act or omission related to the maintenance or condition of any vehicle or motorcycie that is owned or possessed by CITY and used by COUNTY personnel in the performance of this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and Page 19 of 26 ATTACHMENT 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26 27 28 L. M. INDEMNIFICATION: (Continued) CITY shall defend, at its expense including attorney fees, and with counsel approved in writing by COUNTY, COUNTY and its elected and appointed officials, officers, agents , employees, subcontractors and independent contractors in any legal action or claim of any kind based or asserted upon such condition of public street or work or property , or illegality or unconstitutionality of a municipal ordinance, or alleged acts or omissions. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of either party, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. 2. COUNTY shall indemnify and hold harmless CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon any act or omission of COUNTY or its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and COUNTY shall defend, at its expense, including attorney fees, and with counsel approved in writing by CITY, CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based or asserted upon such alleged acts or omissions. TRAFFIC VIOLATOR APPREHENSION PROGRAM: 1 . COUNTY has established a Traffic Violator Apprehension Program ["the Program"], which is operated by SHERIFF, and is designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Pag e 2 0 of 26 ATTACHMENT 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 2.6 27 28 M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued) Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and vehicle parking. The Program operates throughout the unincorporated areas of the COUNTY and in the cities that contract with COUNTY for SHERIFF's law enforcement seNices, without regard to jurisdictional boundaries, because an · area-wide approach to reduction of traffic accidents and driver education is most effective in preventing traffic accidents. In order for CITY to participate in the Program, CITY has adopted a fee pursuant to Vehicle Code section 22850.5, in the amount and under the terms and conditions set forth in the TV AP resolution that is attached to this Agreement as Attachment D and incorporated into this Agreement by reference, and has directed that the revenue from such fee be used for the Program. CITY's participation in the Program may be terminated at any time by rescission or amendment of the TVAP resolution that is attached to this Agreement as Attachment D. In the event CITY 1} amends said TVAP resolution, or rescinds said TVAP resolution and adopts a new TV AP resolution pertaining to the above- referenced fee and the Program, and 2) remains a participant in the Program thereafter, CITY's Manager, on behalf of CITY. and SHERIFF, on behalf of COUNTY, have authority to execute an amendment to this Agreement to substitute CITY's amended or new TVAP resolution for Attachment 0 to the Agreement, as long as said amendment to this Agreement does not materially change any other provision of this Agreement. 2 . COUNTY will make available for review, at the request of CITY, all financial data related to the Program as may be requested by CITY. 3. Fee revenue generated by COUNTY and participating cities will be used to fund the following positions, which will be assigned to the Program: Page 21of26 ATTACHMENT 14 M. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued) • Ten one hundredths of one (0.10) Sergeant (8 hours per two-week pay period) • One ( 1 ) Staff Specialist (80 hours per two-week pay period) • One (1) Office Specialist (80 hours per two-week pay period) 4. Fee revenue generated by CITY may be used to reimburse CITY for expenditures for equipment and/or supplies directly in support of the Program. In order for an expenditure for equipment and/or supplies to be eligible for reimbursement, CITY shall submit a request for and obtain pre-approval of the expenditure by using the form as shown in Attachment E. The request shall be submitted within the budget schedule established by SHERIFF. SHERIFF shall approve the expenditure only if both of the following conditions are satisfied: 1) there are sufficient Program funds, attributable to revenue generated by CITY's fee, to pay for the requested purchase, and 2) CITY will use the equipment and/or supplies, during their entire useful life, only for purposes authorized by its TVAP resolution in effect at the time of purchase. In the event that CITY terminates its participation in the Program, CITY agrees that the equipment purchased by CITY and reimbursed by Program funds will continue to be used, during the remainder of its useful life, exclusively for the purposes authorized by CITY's TVAP resolution in effect at the time of purchase. In the event the fees adopted by COUNTY, CITY and other participating jurisdictions are not adequate to continue operation of the Program at the level at which it operated previously, COUNTY, at the option of CITY, will reduce the level of Program service to be provided to CITY or will continue to provide the existing level of Program services. COUNTY will charge CITY the cost of Page 22 of 26 ATTACHMENT 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M. N. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued) any Program operations that exceed the revenue generated by fees. Such charges shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement. The amount of any revenue shortfall charged to CITY will be determined, at the time the revenue shortfall is experienced, according to CITY's share of Program services r.endered. In the event of a reduction in level of Program service, termination of Program service or adjustment of costs, the parties shall execute an amendment to the Agreement so providing. Decisions about how to reduce the level of Program service provided to CITY shall be made by SHERIFF with the approval of CITY. MOBILE DATA COMPUTERS: 1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, 'mobile data computers (hereinafter called "MDCs") that are or will be mounted in patrol vehicles and motorcycles, designated by COUNTY for use within CITY limits. 2. SHERIFF has the exclusive right to use said MDCs for law enforcement services related to this Agreement. 3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and installation of MDCs that are or will be mounted in patrol vehicles and motorcycles assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of MDCs, are included in the costs set forth in Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement unless CITY has already paid such Page 23 of 26 ATTACHMENT 14 N. 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 0. 23 24 25 26 27 28 MOBILE DATA COMPUTERS: (Continued) costs. CITY shall not be charged additional amounts for maintenance or replacement/upgrade of said MDCs during the period July 1, 2015 through June 30, 2016. 4. If, following the initial acquisition of MDCs referenced above, CITY requires MDCs tor additional patrol cars or motorcycles designated tor use in the CITY, or for CITY's Emergency Operations Center, COUNTY will purchase said additional MDCs. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition and installation of said additional MDC's, and b) the full recurring costs for said MDCs, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or teC?hnologically obsolete. Said costs related to additional MDCs are not included in, and are in addition to, the costs set forth in Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G~3 of this Agreement. 5. COUNTY will replace and/or upgrade MDCs as needed. The costs of replacing/upgrading MDCs shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade MDCs. E~CITATION UNITS: 1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, E-Citation units designated by COUNTY for use within CITY limits. 2. SHERIFF has the exclusive right to use said E-Citation units for law enforcement services related to this Agreement. 3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of Page 24 of 26 ATTACHMENT 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 5 26 27 2 B 0. E~CITATION UNITS: (Continued) E-Citation units that are assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete. The costs to be paid by CITY tor recurring costs, including maintenance and replacement/upgrade of E-Citation units, are included in the costs set forth in Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacement/upgrade of said E-Citation units during the period July 1, 2015 through June 30, 2016. 4. If, following the initial acquisition of E-Citation units referenced above, CtTY requires E-Citation units designated for use in CITY, COUNTY will purchase said additional E-Citation units. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition of said additional E-Citation units, and b) the full recurring costs for said E-Citation units, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete. Said costs related to additional E-Citation units are not included in, and are in addition to, the costs set forth in Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement. 5. COUNTY will replace and/or upgrade E-Citation units as needed. The costs of replacing/upgrading E-Citation units shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade E-Citation units. Page 2 5 of 26 ATTACHMENT 14 IN WITNESS WHEREOF, the parties have executed the AGREEMENT 2 in the Gou ty of _ range, State of California. 3 I ! f 1· ~-. .;'f • I ' I Ii I ! J 4 CITY OF SAN JUAN CAPISTRANO s ATIEST: -,~ I ~-""'"''-T--+-'\-+>'._.__ _____ ~ 6 .. "." \Cify Clerk \_-/,; \ 7 v 8 9 10 APPROVED AS.. TO FORM: svQ-;r;zJ3wi .--------c1 ttorney 11 12 DATED: 13 COUNTYOFO i4 15 BY : 16 17 18 SIGNED AND CERTIFIED THAT A COPY OF THIS 19 AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER G.C. Sec. 25103, Reso 79-1535 20 AttesL: ~· ? , \--..., ,( l 'I / ) .I (':r 21 r// '//L'.(v'\ -· ·' 0 :-· .. ._,. .'\ : _/1,,~ '-t c. _ -"" 1 ,r fl bli re<-_,,..., __ , - 2 ~, j3obin Stieler .... -· - f Interim Clerk of the Board 23 County of Orange, California 24 25 26 27 28 APPROVED AS TO FORM: Office of the County Counsel Orange County, California . .. ·· ,/i .. !' BY: ;~/'J ( {/k ,{'~,A:>.·------·· Deputy -I /, DATED :___s;.k'--j/~'/_(~# ----- Page 26 of 26 ATTACHMENT 14 ATTACHMENT A 2 CITY OF SAN JUAN CAPISTRANO 3 ORDINANCE NO. 785 (5-24.01 MC) 4 ORDINANCE NO. 417 (5-18.02 MC) 5 ORDINANCE N0.869 ( 9-3.503 MC) 6 LICENSING 7 8 DANCE INSTRUCTOR (NUDE) 9 DANCE STUDIO (NUDE) 10 ESCORT 11 ESCORT BUREAU 12 FIGURE MODEL (NUDE) 13 FIGURE MODEL STUDIO (NUDE) 14 GUN DEALER 15 INTERLOCUTRIX (NUDE) 16 INTRODUCTORY SERVICE 17 JUNK COLLECTOR 18 JUNK DEALER 19 MASSAGE PARLOR (Includes FBI Fees) 20 MASSAGIST (Includes FBI Fees) 21 PEDDLER 22 POOLROOM 23 PUBLIC DANCE 24 RAP SESSION (NUDE) 25 SECONDHAND DEALER (Pawnbroker) 26 TAXICAB ST AND 27 28 ATTACHMENT 14 ATTACHMENT B COUNTY BILLING POLICY APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992 I. POLICY All County agencies/departments/districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and/or services provided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed pi-ice or actual cost contract. Payment due date is designed to be both responsive to the County's cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure. Nothing herein shall affect the liability, including pre-judgment interest, of the contracting party for services or materials in as much as this is a policy to enact standard billing practices. II. DEFINITIONS A. Contract for the purposes of this policy -A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties. B. Rec eived by the Countv -The phrase "received by the County", as used ln Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County's possession. It is not the date the payment is posted or deposited by the County. Ill. FIXED PRICE CONTRACTS A. Fixed Price (One -Time/Non-Recurring Contracts) -Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued no later than five (5) working days after delivery by the County of the materials and/or services. Examples of such one-time, non-recurring provision of materials and/or services might be a city contracting with the Sheriff for security service at a parade or sporting event; or, a city purchasing a computer listing containing certain city-requested data. Payment due date shall be invoice date plus 30 days. B . Fix ed Price (Ongoing/R ecurring Contracts ) -Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued according to the following frequency : 1. Annual Billings that total $10,000 or less per 12-month period shall be billed via one (1) annual invoice. Annual invoices will be issued for each 12-month period of the contract, or portions thereof. Invoices shall be issued no later than five working days after the beginning of each 12 -month period . Payment due date shall be invoice date plus 30 days. Page 1 of 4 ATTACHMENT 14 2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12- month period, shall be billed in quarterly installments. Quarterly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into four (4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter. 3. Monthly Billings that are greater than $200,000 per 12-month period shall be billed in monthly installments. Monthly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on ·or before the first day of each service month. Payment due date shall be 30 days after the beginning of each service month. An example of a fixed price contract for ongoing, recurring provision of materials and/or services might be a city contracting with the Sheriff for law enforcement services. IV. ACTUAL COST CONTRACTS A. Actual Cost (One-Time/Non-Recurring Contracts), -Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued after delivery by the County of the materials and/or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days. B. Actual Cost (Ongoing/Recurring Contracts} -Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued on a monthly basis and shall represent the cost of materials and/or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. If the County agency/department/district does not utilize a monthly billing cycle, the invoice shall be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days. Examples of actual cost contracts for the ongoing, recurring provision of materials and/or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill. V. PAYMENT DUE DATES Notwithstanding the provisions of Sections II and Ill above, payment due date shall be at least invoice date plus 30 days. If the County is late in issuing an invoice , the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice , the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices). (EXAMPLES : An invoice tor October service , dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.) Page 2 of 4 ATTACHMENT 14 VI. LATE CHARGES The late payment of any invoiced amount by a contracting entity will cause the County to incur costs not contemplated by the County/contracting entity agreement, the exact amount of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative follow-up and processing of delinquent notices, increased accounting costs, etc. Late charges will be assessed in the following situations: -Over-the-counter payments will be assessed a late charge if any payment is not received by the County by the payment due date. -Payments transmitted to the County via the U.S. Mail that have the payer's postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day. -Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due date will be assessed a fate charge. The late charge assessed in each of these situations shall be three-quarters of one percent (0. 75%) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three-quarters of one percent (0.75%) of said payment shall be added for each additional 30-day period that the payment remains unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in accordance with this policy. VII. COLLECTIONS Any invoice remaining unpaid 90 days after the invoice date shall be referred to the Auditor- Controller for subsequent collection action, such as deduction from contracting entity moneys on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non-payment of invoices and applicable late charges will constitute a breach of contract for which the County retains all legal remedies including termination of the contract. VIII. DISCOUNT FOR EARLY PAYMENT Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one-quarter of one percent (0 .2 5%). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date , County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date. ff the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due . Page 3 of 4 ATTACHMENT 14 IX. DEFERRED REVENUE At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materials and/or services for the upcoming fiscal year shall be reclassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which represents charges for the 12-month period June 1, 19X1 to May 31, 19X2. The amount to be reclassified to deferred revenue would be $44,000, representing 11 /12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be made by Auditor-Controller Agency Accounting units, or for those agencies/departments/districts without such a unit, the agency/department/district shall notify the Auditor-Controller of the amounts to be reclassified. X . COST RECOVERY All County agencies/department/districts shall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing. XI. EXISTING CONTRACTS Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy. XII . DEVIATIONS FROM POLICY Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies/departments/districts shall be submitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AJT) with the Clerk of the Board. The CEO, or his/her designee, shall advise the ag~ncy/department/district of approval or disapproval of the proposed deviations. If a County agency/dep<;:1rtment/district submits a contract to the Board of Supervisors for approval, and the billing provisions in the contract deviate from this policy, the agency/department/district shall specifically advise the Board of Supervisors in the AIT of the deviation, the reason for the deviation, and of the CEO's recommendation relative thereto. Page 4 of 4 ATTACHMENT 14 ATTACHMENT C POLICY FOR DISTRIBUTION OF FORFEITED AND SEIZED ASSETS BACKGROUND The Orange County Sheriff's Department provides contract law enforcement services to cities in Orange County . Because of the increased likelihood that contracted patrol or investigation personnel may become involved in significant narcotic seizures, which could affect law enforcement services provided by the Sheriff's Department to contract cities, the following policy is in effect. 1. NON-RNSP CONTRACTED PATROL AND INVESTIGATION OFFICERS When assets (cash or property) are seized in CITY by contracted patrol or investigation personnel other than RNSP personnel, and subsequently forfeited to COUNTY, the forfeited assets shall be shared with CITY as set forth below, for the purpose of augmenting law enforcement services in CITY, subject to approval by the forfeiting agency (U .S . Attorney or State) of such sharing and use of forfeited assets. A portion of forfeited assets may be retained by COUNTY's Sheriff Department, hereinafter referred to as "SHERIFF", to pay for departmental expenses not recovered through law enforcement contracts. In such cases, SHERIFF shall apply to the forfeiting agency for the return of a share of the assets to COUNTY. In his application, SHERIFF shall specify the percentage of shared assets returned to COUNTY that will be used to augment law enforcement services in CITY and the use of said assets by CITY. In those cases in which assets are seized within CITY by non-RNSP personnel assigned to CITY pursuant to this Agreement, without the involvement of other law enforcement personnel, and in which the seizure is a result solely of activities self-initiated by non-RNSP SHERIFF personnel assigned to CITY or initiated by said personnel in response to calls for service within CITY, SHERIFF shall apply to have all of the assets used to augment CITY law enforcement services. In those cases in which non-RNSP SHERIFF personnel assigned to CITY pursuant to this Agreement play an ancillary role in a seizure or in which other law enforcement personnel are involved in a seizure, SHERIFF shall determine the percentage of the total forfeited assets for which he will apply to augment CITY's law enforcement services . This determination will be based on the circumstances of the seizure, including the pro-rata involvement of all personnel, including those assigned to CITY. Each seizure will be evaluated on an individual and independent basis, and said evaluations will be available for review to CITY's manager. Examples of those incidents which would be evaluated as set forth in this section include situations in which a contract patrol deputy provides uniformed backup at a SHERIFF's Narcotic Bureau search warrant location or in which contract investigators participate in the service of a search warrant that was initiated by non-contract law enforcement personnel. Page 1of2 ATTACHMENT 14 NON-RNSP CONTRACTED PATROL AND INVESTIGATION OFFICERS (Continued) Assets (cash or property) that are returned to COUNTY by the forfeiting agency with the understanding that they will be used to augment CITY law enforcement services shall be used by CITY and COUNTY only for such purposes. If the forfeiting agency attaches additional or more specific conditions to the use of said assets, CITY and COUNTY shall also abide by those conditions. SHERIFF and CITY's manager shall determine the specific use of said assets within the conditions imposed by the forfeiting agency. Subject to conditions imposed by the forfeiting agency and to the requirement that forfeited assets be used to augment law enforcement services, COUNTY shall place forfeited cash, or cash from the sale of forfeited assets in an interest-bearing account for use in CITY in compliance with the forfeiting agency's regulations. 2. CONTRACTED REGIONAL NARCOTICS SUPPRESSION PROGRAM (RNSP) OFFICERS 6/2/03 Assets forfeited as a result of activities conducted by contracted RNSP officers will be used to augment CITY's law enforcement services. Because activities of this type result from the efforts of both contracted officers and other RNSP officers, the percentage of sharing will be determined pursuant to the RNSP Memorandum of Understanding in effect at the time of the seizure. Said Memorandum of Understanding provides that assets are distributed according to percentage amounts based on the number of sworn personnel participating in the RNSP at the time of the seizure. The number of personnel in RNSP, as well as the number of participating agencies in RNSP, may fluctuate during the course of a contract year, thereby affecting the percentage amounts distributed to participating agencies. The percentage amounts distributed to participating agencies may also be affected by action taken by the RNSP Executive Board. CITY will use RNSP forfeited assets only to augment CITY's law enforcement services. If the forfeiting agency or applicable RNSP Memorandum of Understanding attaches any additional or more specific conditions on the use of said assets, CITY shall abide by those conditions. SHERIFF and CITY's manager shall determine the specific use of said assets within the conditions imposed by the forfeiting agency and the RNSP Memorandum of Understanding. Subject to conditions imposed by the forfeiting agency and the RNSP Memorandum of Understanding and to the requirement that RNSP forfeited assets be used to augment law enforcement services. COUNTY shall place forfeited cash or cash from the sale of forfeited assets in an interest-bearing account for use in CITY in compliance with the forfeiting agency's regulations and the RNSP Memorandum of Understanding. Page 2 of 2 ATTACHMENT 14 ATTACHMENT 0 RESOLUTION NO. 00-7-18-4 ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLA TOR APPREHENSION PROGRAM A RESOLUTION OF THE CITY COUNCIL OF THE CllY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLATOR APPREHENSION PROGRAM WHEREAS, the City of San Juan Capistrano contracts with the Orange County Sheriff's Department for law enforcement services; and, WHEREAS, as a contract City, San Juan Capistrano is eligible to participate in the County's new Traffic Violator Apprehension Program; and, WHEREAS, the goals of the Traffic Violator Apprehension Program are to reduce the number of collisions involving suspended or unlicensed drivers, to reduce the number of hit and run collisions, to establish a public education program to deter violators, and to establish a cost recovery system to pay for continued enforcement; and, · WHEREAS, the Traffic Violator Apprehension Program is funded by a Traffic Safety Grant from the State of California and on-going revenues will be generated from the coUection of vehicle impound fees within the unincorporated areas of the County and participating cities that contract for law enforcement services with the Orange County Sheriff's Department; and, WHEREAS, the County Board of Supervisors has established a fee of $50 for each vehicle towed/stored/impounded as a result of negligent operation of a vehicle and a $152 fee for each vehicle impounded for 30 days, based on the actual administrative costs for the identification and apprehension of drivers with suspended or revoked licenses or unlicensed motorists; and, WHEREAS, all of the impound fees will be collected by the County and deposited into a Traffic Violator Apprehension Fund for use by this program exclusively. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby resolve, determine and order as follows : SECTION 1. Authorize the City of San Juan Capjstrano to participate in the Traffic Violator Apprehension Fund; and. -1- ATTACHMENT 14 SECTION 2. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 18th day of July, 2000. ATIEST: ~K STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 00-7-18-4. adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 18th day of July, 2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: (SEAL) : Council Members Bathgate, Greiner, llart, Swerdlin and Mayor Campbell None None None -2- ATTACHMENT 14 __.. ORANGE COlJNTY SHERIFF-CORONER TRAFFIC VIOLATOR APPREHENSION PROGRAM Participating City Request to Purchase From the TV A in FY ITEM DESCRIPTION APPLICABILTY TO TV A PROGRAM ESTIMATED COST THE CITY CERTIFIES THAT THE EQUIPMENT PURCHASED BY CITY AND TO BE RE1MBURSED BY PROGRAM FUNDS WlLL BE USED FOR ITS ENTIRE USEFUL LJFE EXCLUSIVELY FOR THE PURPOSES OF THE TRAFFIC VIOLATOR APPREHENSION PROGRAJv1 CITY MANAGER REQ UEST: Printed Name ---------------------------- DATE ___________ _ Recommended For Annroval CITY POLICE SERVICES CHIEF MAL~AGER-TVAPROGRAM ~~I ~~~~~~~~I OCSD BUDGET USE ONLY ---~ )> ::f )> (") :c s: m z -; m 2 3 4 5 6 7 FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS FOURTH AMENDMENT TO AGREEMENT, entered into this a Thirteenth day of May 2019, which date is enumerated for purposes of reference only, 9 by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as 10 "CITY" and the COUNTY OF ORANGE, a political subdivision of the State of California, 11 hereinafter referred to as "COUNTY", to amend effective July 1, 2019, that certain 12 Agreement between the parties commencing July 1, 2015, hereinafter referred to as 13 the "Agreement". 14 1. 15 16 17 18 19 2. 20 21 22 23 24 25 26 27 28 For the period July 1, 2019 through June 30, 2020, REGULAR SERVICES BY COUNTY, Subsection C-4 of the Agreement is amended to read as follows: "C-4. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 2019 through June 30, 2020, is set forth in Attachment F and incorporated herein by this reference." For the period July 1, 2019 through June 30, 2020, REGULAR SERVICES BY COUNTY, Subsection C-10 of the Agreement is amended to read as follows: "C-10. With the limitations set forth below, SHERIFF, on behalf of COUNTY, and CITY Manager, on behalf of CITY, are authorized to execute written amendments to this Agreement to increase or decrease the level of service set forth in Attachment F, when SHERIFF and CITY Manager mutually agree that such increase or decrease in the level of service is appropriate. Any such amendment to the Agreement shall concomitantly increase or decrease the cost of services payable by CITY set forth in Attachment G and incorporated herein by this reference, and the Maximum Obligation of CITY set forth in Page 1of7 ATTACHMENT 15 1 2 3 4 5 ·6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 3. II Subsection G-2, in accordance with the current year's COUNTY law enforcement cost study. SHERIFF and CITY Manager shall file copies of any such amendments to this Agreement with the Clerk of COUNTY's Board of Supervisors and CITY's Clerk. Amendments to this Agreement executed by SHERIFF and CITY Manager may not, in the aggregate, increase or decrease the cost of services payable by CITY by more than one percent (1%) of the total cost originally set forth in Attachment G and the Maximum Obligation originally set forth in Subsection G-2 for FY 2019-20. Prior approval by COUNTY's Board of Supervisors and CITY's Council is required before execution of any amendment that brings the aggregate total of changes in costs payable by CITY to more than one percent (1%) of the total cost originally set forth in Attachment G and the Maximum Obligation originally set forth in Subsection G-2 of this Agreement for FY 2019-20. For the period July 1, 2019 through June 30, 2020, PATROL VIDEO SYSTEMS, Subsection E-3 of the Agreement is amended to read as follows: "E-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and installation of Patrol Video Systems that are or will be mounted in patrol vehicles assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such PVS when they become functionally or technologically obsolete. The costs to be paid by CITY for recurring costs, including maintenance and replacemenUupgrade of PVS, are included in the costs set forth in Attachment G and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacement/upgrade of said PVS during the period July 1, 2019 through June 30, 2020." Page 2 of 7 ATTACHMENT 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. For the period July 1, 2019 through June 30, 2020, PAYMENT, Subsection G-2 of the Agreement is amended to read as follows: "G-2. Unless the level of service as set forth in Attachment F is increased or decreased by mutual agreement of the parties, or CITY is required to pay for increases as set forth in Subsection G-4, the Maximum Obligation of CITY for services . set forth in Attachment F of this Amendment, other than Licensing Services, to be provided by the COUNTY for the period July 1, 2019 through June 30, 2020, shall be $10,494,404, as set forth in Attachment G. The overtime costs included in the Agreement are only an estimate. COUNTY shall notify CITY of actual overtime worked during each fiscal year. If actual overtime worked is above or below budgeted amounts, billings will be adjusted accordingly at the end of the fiscal year. Actual overtime costs may exceed CITY's Maximum Obligation." For the period July 1, 2019 through June 30, 2020, PAYMENT, Subsections G-4a, G-4b and G~ of the Agreement are amended to read as follows: "G-4a. At the time this Agreement is executed, there are unresolved issues pertaining to potential changes in salaries and benefits for COUNTY employees. The costs of such potential changes are not included in the FY 2019-20 cost set forth in Attachment G nor in the FY 2019-20 Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. If the changes result in the COUNTY incurring or becoming obligated to pay for increased cost for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection G- 2 of this Agreement, the full costs of said increases to the extent such increases are attributable to work performed by such personnel during the period July 1, 2019 through June 30, 2020, and CITY's Maximum Obligation Page 3 of 7 ATTACHMENT 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G-4b. II hereunder shall be deemed to have increased accordingly. CITY shall pay COUNTY in full for such increases on a pro-rata basis over the portion of the period between July 1, 2019 and June 30, 2020 remaining after COUNTY notifies CITY that increases are payable. If the changes result in the COUNTY incurring or becoming obligated to pay for decreased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, COUNTY shall reduce the amount owed by the CITY to the extent such decreases are attributable to work perfonned by such personnel during the period July 1, 2019 through June 30, 2020, and CITY's Maximum Obligation hereunder shall be deemed to have decreased accordingly. COUNTY shall reduce required· payment by CITY in full for such decreases on a pro-rata basis over the portion of the period between July 1, 2019 and June 30, 2020 remaining after COUNTY notifies CITY that the Maximum Obligation has decreased. If CITY is required to pay for increases as set forth in Subsection G-4a above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY as set forth in Attachment F of this Agreement to a level that will make the Maximum Obligation of CITY hereunder for the period July 1, 2019 through June 30, 2020 an amount specified by CITY that is equivalent to or higher than the Maximum Obligation set forth in Subsection G-2 for said period at the time this Agreement originally was executed. The purpose of such adjustment of service levels will be to give CITY the option of keeping its Maximum Obligation hereunder at the pre-increase level or at any other higher or lower level specified by CITY. In the event of such reduction in level of service and adjustment of costs, the parties shall execute an amendment to this Agreement so providing. Decisions about how to reduce the level Page 4 of 7 ATTACHMENT 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. of service provided to CITY shall be made by SHERIFF with the approval of CITY. G-6. COUNTY shall invoice CITY monthly, one-twelfth (1/12) of the Maximum Obligation of CITY. If a determination is made that increases described in Subsection G-4 must be paid, COUNTY thereafter shall include the pro- rata charges for such increases in its monthly invoices to CITY for the balance of the period between July 1, 2019 and June 30, 2020." For the period July 1, 2019 through June 30, 2020, MOBILE DATA COMPUTERS, Subsection N-3 of the Agreement is amended to read as follows: "N-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and installation of MDCs that are or will be mounted in patrol vehicles and motorcycles assigned to CITY, and b} recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of MDCs, are included in the costs set forth in Attachment G and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacement/upgrade of said MDCs during the period July 1, 2019 through June 30, 2020." For the period July 1, 2019 through June 30, 2020, E-CITATION UNITS Subsection 0-3 of the Agreement is amended to read as follows: "0.3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of E- Citation units that are assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contri bt1 tio ns to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete. Page 5of7 ATTACHMENT 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 . II II II II II II II II II II II II II II II II II II II II The costs to be paid by CITY for recurring costs, including maintenance and replacemenUupgrade of E-Citation units, are included in the costs set forth in Attachment G and the Maximum Obligation of CITY set forth in Subsection G- 2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacemenUupgrade of said E-Citation units during the period July 1, 2019 through June 30, 2020." AU other provisions of the Agreement, to the extent that they are not in conflict with this FOURTH AMENDMENT TO AGREEMENT, remain unchanged Page 6 of 7 ATTACHMENT 15 IN WITNESS WHEREOF, the parties have executed the FOURTH 2 AMENDMENT TO AGREEMENT in the County of Orange, State of California. 3 4 CITY OF SAN JUAN CAPISTRANO s ATIEST: ________ _ 6 City Clerk 7 BY: ------------Mayor 8 APPROVED AS TO FORM : 9 10 BY: ------------City Attorney 11 ______________________________ , ______________________________________________ _ 12 DATED : ~--------- 13 COUNTY OF ORANGE 14 1s BY: -------------- 16 Chairwoman of the Board of Supervisors County of Orange, California 17 18 SIGNED AND CERTIFIED THAT A COPY OF THIS 19 AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER G .C. Sec. 25103, Reso 79-1535 20 Attest: 21 22 Robin Stieler Clerk of the Board 23 County of Orange, California 2 4 25 26 27 28 APPROVED AS TO FORM : Office of the County Counsel County of Orange, California BY: ~·tm t2<J_ Deputy DATED: ~3)''J -~_.,., ______ _ Page 7 of 7 ATTACHMENT 15 ORANGE COUNTY SHERIFF-CORONER FY 2019-20 LAW ENFORCEMENT CONTRACT CITY OF SAN JUAN CAPISTRANO "REGULAR SERVICES BY COUNTY" (Subsection C-4) ATTACHMENT F LEVEL OF SERVICE PROVIDED BY SHERIFF: Title Detail Quantity Frequency MANAGEMENT: Li e utenant 1 .00 SUPERVISION: Sen:ieant Patrol 4.00 each, 80 hrs.I per two wk. pay period Sergeant Administrative 1.00 80 hrs.I per two wk. pay period INVESTIGATION SERVICES: lnvestiaator 2.00 each, 80 hrs./ per two wk. pay period PATROL AND TRAFFIC SERVICES~: Deputy Sheriff II -Patrol Patrol 15.00 each, 80 hrs./ per two wk. pay period Deputy Sheriff II -Motor Motorcycle 2.00 each, 80 hrs.I per two wk. pay period ADDITIONAL SERVICES": Crime Prevention Specialist Crime Prevention 1 .00 80 hrs.I oer two wk . pay period Community Services Officer Parkinq Control 2.00 each, 80 hrs./ per two wk. pay period Deputy Sheriff II Community Support 1.00 80 hrs./ per two wk. pay period Deputy Sheriff If DET 1.00 80 hrs./ per two wk. pay period Deputy Sheriff II Extra Help As needed TOTAL 30.00 • Deployment to be determined by SHERIFF in cooperation with CITY Manager REGIONAL I SHARED STAFF: Title Regional Team Quantity %Allocation TRAFFIC: Seraeant Traffic 0.60 6 .83% Deoutv Sheriff II Traffic 4.00 6 .83% lnvestioative Assistant Traffic 2.00 6 .83% Office Soecialist Traffic 1 .00 6 .83% AUTO THEFT: Seraeant Auto Thell 0.30 3 .85% lnvestiaator Auto Theft 2.00 3 .85% lnvestiQative Assistant Auto Theft 1.00 3 .85% Office Specialist Auto Theft 1.00 3 .85% OET : Seraeant DET 1.00 12 .67% lnvestiaator DET 1.00 12.67% SUBPOENA: Office Specialist Subpoena 1.00 6 .79% COURTS: lnvestiaative Assistant Courts 2.00 15.10% MOTORCYCLE (shared Supervision); Seraeant Motorcvle Supervision 1.00 6 .67% TOTAL 17.90 Poge 1 of 1 ATTACHMENT 15 ORANGE COUNTY SHERIFF-CORONER FY 2019-20 LAW ENFORCEMENT CONTRACT CITY OF SAN JUAN CAPISTRANO "PAYMENT" (Subsection G-2) COST OF SERVICES PROVIDED BY SHERIFF fSubsectlon G·2>: ATIACHMENTG Cost of Service Cost of Service Title Detail Quantity (each) Total MANAGEMENT: Lieutenant 1.00 $ 392,160 $ 392.160 SUPERVISION: Seroeant Patrol 4.00 $ 333.287 s 1,333,148 Seraeant Administrative 1.00 $ 333,2871 $ 333,287 INVESTIGATION SERVICES: lnvestiaator 2.00 $ 323,640 $ 647,280 PATROL AND TRAFFIC SERVICES: Denutv Sheriff II -Patrol Patrol 15.00 $ 274,640 $ 4,119,600 DP-nutv Sheriff II -Motor Motorcvcie 2.00 $ 279.840 $ 559,680 ADDmONAL SERVICES: Staff Soecialist 1.00 $ 123,048 $ 123,046 Communitv Services Officer Parkino Control 2.00 $ 127,268 $ 254,536 Denutv Sheriff II Communitv Suooort 1.00 $ 274,640 $ 274,640 Deoutv Sheriff II DET 1.00 $ 274,640 $ 274,640 Cadet Extra Hele $ 22,649 TOTAL POsmONS 38.09 s 8,lld..668 REGIONAL I SHARED STAFF: Title Reglonat Team Quantity % Allocation Cost$ 'TRAFFIC: -"' Traffic 0.60 6.83% $ 14,866 Denutv Sheriff 11 Traffic 4.00 6.83% $ 61,231 lnvestiaative Assistant Traffic 2.00 6.83% $ 19,312 Office SnAclallst Traffic 1.00 6.83% $ 7,140 AUTO THEFT: Semeant Auto Theft 0.30 3.85% $ 4.202 lnvestiaator Auto Theft 2.00 3.85% $ 24,141 lnvestioatlve Assistant Auto Theft 1.00 3.85% $ 5,031 Office Snecialist Auto Theft 1.00 3.85% $ 4,080 DET: Seigeant DET 1.00 12.67% $ 58,838 lnvestinmnr DET 1.00 12.67% $ 53,566 SUBPOENA: Office SDAr.ialist Subonena 1.00 6.79% $ 6,525 COURTS: lnvestiaalive Assistant Courts 2.00 15.10% $ 37,900 MOTORCYCLE (shared Sunarvltllon): SemAant Motorcvle Sucervlsion 1.00 6.67% $ 23,350 TOTAL REGIONAUSHARED 17.90 $ 340,182 OTHER CHARGES AND CREDITS (Subsection G·2l: OTHER CHARGES: other Charges Include: Annual leave paydowns and apportlonment or cost of leave balances pa id at end of employment: premium pay roe bilingual staff; contract admin istration; data line charges; direct services and supplies; Enhanced he licopler response SOfVlces ; E- CllaUon recurring costs ror three (3) units; facility lease; holiday pay; Integrated Law & Jusllce of Orange County fees; Mobile Data Computer (MDC) recurring cost for eighteen (18) units; on-eall pay; overtime; patrol training cost allocation; Patrol Video System (PVS) recunlng oost for eleven (11) units; and transportation charges. CREDITS: Credits include : EsUmated vacancy credits; false alarm fees reimbun;ement for training and miscellaneous programs; and retirement rate discount for FY 2019-20 . TOTALOTHERCHARGESANDCREDITS $ 1,819,554 TO'TAL COST OF SERVICES (Subsection G-2) $ 10,494,404 ATTACHMENT 15 P"ll•1of!