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09/13/2022CITY OF GRAND TERRACE CITY COUNCIL AGENDA ● SEPTEMBER 13, 2022 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 COMMENTS FROM THE PUBLIC The public is encouraged to address the City Council on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council, please complete a Request to Speak card located at the front entrance and provide it to the City Clerk. Speakers will be called upon by the Mayor at the appropriate time and each person is allowed three (3) minutes speaking time. If you would like to participate telephonically and speak on an agenda item, you can access the meeting by dialing the following telephone number and you will be placed in the waiting room, muted until it is your turn to speak: *67 1-669-900-9128 Enter Meeting ID: 893 1347 9855 Password: 332916 The City wants you to know that you can also submit your comments by email to ccpubliccomment@grandterrace-ca.gov. To give the City Clerk adequate time to print out your comments for consideration at the meeting, please submit your written comments prior to 5:00 p.m.; or if you are unable to email, please call the City Clerk’s Office at (909) 824-6621 x230 by 5:00 p.m. If you wish to have your comments read to the City Council during the appropriate Public Comment period, please indicate in the Subject Line “FOR PUBLIC COMMENT” and list the item number you wish to comment on. Comments that you want read to the City Council will be subject to the three (3) minute time limitation (approximately 350 words). Pursuant to the provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting. PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 1st Floor Lobby Area and 2nd Floor Reception Area during regular business hours and on the City’s website www.grandterrace-ca.gov. For further information regarding agenda items, please contact the office of the City Clerk at (909) 824-6621 x230, or via e-mail at dthomas@grandterrace-ca.gov. Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City’s website at www.grandterrace-ca.gov. AMERICANS WITH DISABILITIES ACT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office, (909) 824-6621 x230 at least 48 hours prior to the advertised starting time of the meeting. This will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible. Agenda Grand Terrace City Council September 13, 2022 City of Grand Terrace Page 2 CALL TO ORDER Convene City Council Invocation Pledge of Allegiance Roll Call Attendee Name Present Absent Late Arrived Mayor Darcy McNaboe    Mayor Pro Tem Bill Hussey    Council Member Sylvia Robles    Council Member Doug Wilson    Council Member Jeff Allen    A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA B. SPECIAL PRESENTATIONS Hispanic Heritage Month Proclamation C. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent calendar for discussion. 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Approval of Minutes – Regular Meeting – 08/23/2022 DEPARTMENT: CITY CLERK 3. June 16, 2022, Planning Commission, March 10, 2022, Parks & Recreation Advisory Committee and April 4, 2022, Historical & Cultural Activities Committee Meeting Minutes Update RECOMMENDATION: Receive and file. DEPARTMENT: CITY CLERK Agenda Grand Terrace City Council September 13, 2022 City of Grand Terrace Page 3 4. Update City of Grand Terrace Conflict of Interest Code RECOMMENDATION: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION NO. 2020-34 IN ITS ENTIRETY AND ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO DESIGNATED POSITIONS, INCLUDING MEMBERS AND STAFF OF THE PUBLIC FINANCING AUTHORITY AND THE GRAND TERRACE HOUSING AUTHORITY DEPARTMENT: CITY CLERK 5. The City Council of the City of Grand Terrace Issue a Letter Requesting that Governor Gavin Newsom Veto Senate Bill (SB) 1127 (Atkins) Workers’ Compensation: Liability Presumptions RECOMMENDATION: Staff recommends that the City Council authorize the Mayor to execute a letter on its behalf, requesting Governor Gavin Newsom veto Senate Bill 1127 (Atkins) Workers’ Compensation: Liability Presumptions. DEPARTMENT: CITY MANAGER 6. Authorize Expenditures for Dog Park Equipment with Per Capital Grant Funds RECOMMENDATION: A. Authorize the expenditure of up to $29,302 from Parks Fund (Fund 49) for the purchase of dog park surface, dog teeter, fire hydrant, dog tunnel, and dog ramps. B. Authorize sales documentation to procure dog park surface, dog teeter, fire hydrant, dog tunnel, and dog ramp not to exceed the grant awarded amount. DEPARTMENT: PUBLIC WORKS 7. Measure I Capital Project Needs Analysis for Fiscal Year 2022-2023 through 2026-2027 RECOMMENDATION: ADOPT “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, ADOPTING A FIVE-YEAR MEASURE I CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEAR 2022-2023 THROUGH 2026-2027” DEPARTMENT: PUBLIC WORKS 8. Award Contract to Goodman & Associates for Preparation of PS&E for 2022-23 CIP RECOMMENDATION: A. Award a Contract to Goodman & Associates for Preparing Plans, Specifications and Estimate (PS&E) for Pavement Rehabilitation Project for the Fiscal Year 2022-23 CIP in the amount of $78,000. B. Authorize the City Manager to Execute the Agreement and Any Change Orders subject to City Attorney Approval as to Form. DEPARTMENT: PUBLIC WORKS Agenda Grand Terrace City Council September 13, 2022 City of Grand Terrace Page 4 D. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. E. PUBLIC HEARINGS - NONE F. UNFINISHED BUSINESS 9. Adopt the Resolution Authorizing Participation in the PARS Post-Employment Benefits Trust Program Administered by Public Agency Retirement Services (PARS) and U.S. Bank, Appointing the City Manager as the City’s Plan Administrator, and Authorizing the City Clerk to Execute the Documents and to Implement the Program RECOMMENDATION: Consider adoption of the Resolution authorizing the establishment of the PARS Post- Employment Benefits Trust Program which could be used to pre-fund CalPERS pension obligations. DEPARTMENT: FINANCE 10. Unfunded OPEB Liability RECOMMENDATION: The City Council approve a Prefunding Agreement and election to pre-fund Other Post- Employment Benefits (“OPEB”) through the California Employers’ Retiree Benefit Trust (“CERBT”) fund administered through the California Public Employees’ Retirement System (“CalPERS”); authorize the City Manager (or designee) to execute all documents to fund and maintain participation in the trust; and authorize staff to file the necessary forms with CalPERS and to make an initial investment of $100,000. DEPARTMENT: FINANCE G. NEW BUSINESS 11. Approval of Revisions to the City's Fiscal Policies and 1st Reading of Changes to Ordinance No. 267, Section 32.24.070 B and 32.24.080 Agenda Grand Terrace City Council September 13, 2022 City of Grand Terrace Page 5 RECOMMENDATION: Approve the proposed revisions to the attached fiscal policies and 1st Reading of changes to Ordinance No. 267, Section 3.24.070 B and Section 3.24.080. DEPARTMENT: FINANCE H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Council Member Doug Wilson Council Member Sylvia Robles Mayor Pro Tem Bill Hussey Mayor Darcy McNaboe J. CITY MANAGER COMMUNICATIONS K. RECESS TO CLOSED SESSION CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b) Number of Cases: One RECONVENE TO OPEN SESSION REPORT OUT OF CLOSED SESSION L. ADJOURN The Next Regular City Council Meeting will be held on Tuesday, September 27, 2022, at 6:00 PM. Any request to have an item placed on a future agenda must be made in writing and submitted to the City Clerk’s office and the request will be processed in accordance with Council Procedures. CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● AUGUST 23, 2022 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Mayor Darcy McNaboe convened the Regular Meeting of the City Council for Tuesday, August 23, 2022, at 6:00 p.m. Invocation The Invocation was given by Pastor Tim Miller of Heritage Baptist Church. Pledge of Allegiance Council Member Doug Wilson led the Pledge of Allegiance. Attendee Name Title Status Arrived Darcy McNaboe Mayor Present Bill Hussey Mayor Pro Tem Present Sylvia Robles Council Member Absent Doug Wilson Council Member Present Jeff Allen Council Member Present Konrad Bolowich City Manager Present Adrian Guerra City Attorney Present Debra Thomas City Clerk Present Terry Shea Interim Finance Director Present A. RECESS TO CLOSED SESSION Mayor McNaboe recessed the regular meeting of the City Council to closed session at 6:03 p.m. CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government Code Section 54956.8 Property: 22582 City Center Court (APN 1178-011-12-0000 City negotiator: Konrad Bolowich, City Manager Negotiating parties: County of San Bernardino Under negotiation: Price and terms of payment C.2 Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 2 3 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council August 23, 2022 City of Grand Terrace Page 2 RECONVENE TO OPEN SESSION Mayor McNaboe reconvened the regular meeting of the City Council from closed session at 6:08 p.m. REPORT OUT OF CLOSED SESSION Mayor McNaboe announced that there was no reportable action taken. B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA Konrad Bolowich, City Manager added an introduction of Assistant Chief, Martin Serna to the Special Presentations of the agenda. C. SPECIAL PRESENTATIONS A commendation was presented by the City Council to Assistant Fire Chief, Dan Mejia of the San Bernardino County Fire Protection District for his years of service. Chief Mejia introduced Assistant Fire Chief, Martin Serna, who will be replacing Chief Mejia upon his retirement. Chief Serna took a few moments to provide the City Council with some of his background information. D. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Bill Hussey, Mayor Pro Tem AYES: Darcy McNaboe, Bill Hussey, Doug Wilson, Jeff Allen ABSENT: Sylvia Robles 1. Waive Full Reading of Ordinances on Agenda 2. Approval of Minutes – Regular Meeting – 08/09/2022 APPROVE THE REGULAR MEETING MINUTES OF AUGUST 9, 2022 3. City Department Monthly Activity Report - June 2022 RECEIVE AND FILE. 4. Approval of the July-2022 Check Register in the Amount of $729,737.43 APPROVE THE CHECK REGISTER NO. 07312022 IN THE AMOUNT OF $729,737.43 AS SUBMITTED, FOR THE MONTH ENDING JULY 31, 2022. C.2 Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 2 3 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council August 23, 2022 City of Grand Terrace Page 3 5. Authorize Purchase Order for Replacement Street Signs and Sign Drilling Equipment 1. AUTHORIZE THE EXPENDITURE OF $33,935.48 FROM ARPA FUND (FUND 94) FOR THE PURCHASE OF REPLACEMENT OF CITY STREET SIGNS AND $5,484.89 SIGN DRILLING EQUIPMENT 2. AUTHORIZE CITY MANAGER TO EXECUTE A PURCHASE ORDER AND ALL NECESSARY SALES DOCUMENTATION TO PROCURE CITY STREET SIGNS AND SIGN DRILLING EQUIPMENT 6. Adopt Ordinance No. 341 of the City Council of the City of Grand Terrace, California, Amending Section 5.42.170 (Containers - Located for Collection) of Chapter 5.42 (Integrated Waste Management) of Title 5 (Business Taxes, Licenses and Regulations) of the Grand Terrace Municipal Code to Identify Locations for Placement of Residential Waste Containers for Pick-Up by Waste Haulers THAT THE CITY COUNCIL APPROVE THE ORDINANCE TO IDENTIFY LOCATIONS FOR PLACEMENT OF RESIDENTIAL WASTE CONTAINERS FOR PICK-UP BY WASTE HAULERS 7. Adopt Ordinance No. 342 of the City Council of the City of Grand Terrace, California Amending Section 6.04.090 (Impoundment of Animals) of Chapter 6.04 (Animal Control) of Title 6 (Animals) of the Grand Terrace Municipal Code, Which Amends the City's Animal Control Regulations Pertaining to Impoundment of Animals THAT THE CITY COUNCIL APPROVE THE ORDINANCE ALLOWING FOR IMPOUNDMENT OF UNLICENSED ANIMALS 8. Declare the City Property Located at 22582 City Center Court, Grand Terrace, CA as Exempt Surplus Land and Approve the Sale Thereof to the San Bernardino County Fire Protection District and the Related Purchase and Sale Agreement 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DECLARING THE REAL PROPERTY LOCATED AT 22582 CITY CENTER COURT IN THE CITY OF GRAND TERRACE AS EXEMPT SURPLUS LAND AND MAKING FINDINGS RELATED THERETO. 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA FINDING THAT THE SALE OF REAL PROPERTY LOCATED AT 22582 CITY CENTER COURT, GRAND TERRACE, CA TO THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND THE APPROVAL OF THE RELATED PURCHASE AND SALE AGREEMENT IS NOT SUBJECT TO CEQA; AND APPROVING THE CITY’S SALE THEREOF AND THE RELATED PURCHASE AND SALE AGREEMENT, CONTINGENT UPON A GENERAL PLAN CONFORMANCE FINDING PURSUANT TO GOVERNMENT CODE SECTION 65402 AND AN EXEMPT SURPLUS DETERMINATION PURSUANT TO THE SURPLUS AND ACT C.2 Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 2 3 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council August 23, 2022 City of Grand Terrace Page 4 9. Acquisition and Installation of Code, Building and Planning Software THAT THE CITY COUNCIL AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT FOR THE INSTALLATION, MIGRATION AND OPERATION OF GOVPILOT SOFTWARE AND CLOUD SERVICES. 10. Deed Restriction for Blue Mountain Trail TO AUTHORIZE AMORTIZATION AND RECORDATION OF DEED RESTRICTION FOR BLUE MOUNTAIN TRAIL AT SAN BERNARDINO COUNTY ASSESSOR- RECORDER OFFICE. 11. Five Year Measure I Capital Improvement Plan (MICIP) ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY2022/23 THROUGH 2026/27 E. PUBLIC COMMENT None. F. PUBLIC HEARINGS - NONE G. UNFINISHED BUSINESS - NONE H. NEW BUSINESS - NONE I. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE J. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Nothing to Report. Council Member Doug Wilson Nothing to Report. C.2 Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 2 3 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council August 23, 2022 City of Grand Terrace Page 5 Mayor Pro Tem Bill Hussey Nothing to Report. Mayor Darcy McNaboe Nothing to Report. K. CITY MANAGER COMMUNICATIONS Konrad Bolowich, City Manager made the following announcements: • Barton Road and Van Buren Street were paved last week; striping still needs to be completed. • Re-Roofing was completed at City Hall L. RECESS TO CLOSED SESSION Mayor McNaboe recessed the regular meeting of the City Council to closed session at 6:25 p.m. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b) Number of Cases: One (1) RECONVENE TO OPEN SESSION Mayor McNaboe reconvened the regular meeting of the City Council from closed session at 7:39 p.m. REPORT OUT OF CLOSED SESSION Mayor McNaboe announced there was no reportable action; however, direction was provided to staff. C.2 Packet Pg. 10 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 2 3 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council August 23, 2022 City of Grand Terrace Page 6 M. ADJOURN Mayor McNaboe adjourned the Regular Meeting of the City Council in memory of Salvador Lopez at 7:40 p.m. The Next Regular Meeting of the City Council will be held on Tuesday, September 13, 2022, at 6:00 p.m. _________________________________ Darcy McNaboe, Mayor _________________________________ Debra L. Thomas, City Clerk C.2 Packet Pg. 11 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 2 3 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) AGENDA REPORT MEETING DATE: September 13, 2022 Council Item TITLE: June 16, 2022 Planning Commission, March 10, 2022 Parks & Recreation Advisory Committee and April 4, 2022 Historical & Cultural Activities Committee Meeting Minutes Update PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: Receive and file. 2030 VISION STATEMENT: This staff report supports Goal #5, Engage in Proactive Communication. BACKGROUND: Beginning with the November 14, 2017, City Council meeting, the City Manager directed the City Clerk to provide Council with a copy of the Planning Commission, Historical & Cultural Activities Committee and Volunteer Emergency Operations Committee minutes to keep Council up-to-date on those Commission/Committee activities and on January 16, 2018, the City Manager requested that the Parks & Recreation Advisory minutes be included in the Committee/Commission Report. DISCUSSION: On August 18, 2022, the Planning Commission held its Regular Meeting and approved its June 16, 2022, Regular Meeting minutes. The minutes for this meeting is included as an attachment to this report. The Commission’s next Regular Meeting is scheduled for September 1, 2022. On August 11, 2022, the Parks & Recreation Advisory Committee held its Regular Meeting and approved its March 10, 2022, Regular Meeting minutes. The minutes for this meeting is included as an attachment to this report. The Committee’s next Regular Meeting is scheduled for September 8, 2022. On August 1, 2022, the Historical & Cultural Activities Committee held its Regular Meeting and approved its April 4, 2022, Regular Meeting minutes. The minutes for this meeting is included as an attachment to this report. The Committee’s next Special Meeting is scheduled for September 12, 2022. FISCAL IMPACT: C.3 Packet Pg. 12 None. ATTACHMENTS: • 06-16-2022 (PDF) • 03-10-2022 (PDF) • 03-07-2022 (PDF) APPROVALS: Debra Thomas Completed 08/29/2022 4:26 PM City Manager Completed 08/30/2022 12:55 PM City Council Pending 09/13/2022 6:00 PM C.3 Packet Pg. 13 v CITY OF GRAND TERRACE CITY COUNCIL & PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES a JUNE 16, 2022 Community Room Special Meeting Workshop & Regular Meeting 6:30 PM Grand Terrace Civic Center• 22795 Barton Road CALL TO ORDER Mayor Darcy McNaboe convened the Special Meeting Workshop of the City Council and Planning Commission/Site and Architectural Review Board for Thursday, June 16, 2022, at 6:30 p.m. PLEDGE OF ALLEGIANCE Mayor McNaboe led the Pledge of Allegiance. ROLL CALL Attendee Name f Title Status Ar.,rived, Darcy McNaboe Mayor Present Bill Hussey Mayor Pro Tern Present Sylvia Robles Council Member Present Doug Wilson I Council Member Present Jeff Allen Council Member Present Edward Giroux Chairman Present Tara Ceseria Commissioner Present David Alaniz Commissioner Present Konrad Bolowich City Manager Present Robert Khuu Assistant City Attorney Present Haide Aguirre Associate Planner Present Debra Thomas City Clerk Present PUBLIC COMMENT None. A. PRESENTATIONS 1. Joint City Council and Planning Commission/Site and Architectural Review Board Workshop Presentation and Discussion Regarding Objective Design Standards for Multi-Family Housing and Mixed Use Developments Konrad Bolowich, City Manager gave the staff report and PowerPoint presentation for this item. City of Grand Terrace Page 1 C.3.a Packet Pg. 14 At t a c h m e n t : 0 6 - 1 6 - 2 0 2 2 ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Grand Terrace City Council ft Planning Commission/Site and Architectural Review Board June 16, 2022 PUBLIC COMMENT Vincent Rasso, Grand Terrace shared some background about himself and his interest in sustainability, environment, and housing needs. 1. THAT CITY COUNCIL AND PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD (FIRST) RECEIVE A PRESENTATION REGARDING OBJECTIVE DESIGN STANDARDS (ODS) AND (SECOND) DISCUSS AND PROVIDE FEEDBACK TO STAFF ON THE PROPOSED DRAFT OBJECTIVE DESIGN STANDARDS RESULT: NO ACTION TAKEN ADJOURN Mayor Darcy McNaboe adjourned the Special Meeting Workshop of the City Council and Planning Commission/Site and Architectural Review Board at 7:30 p.m. CALL TO ORDER Chairmen Edward Giroux convened the Regular Meeting of the Planning Commission and Site and Architectural Review Board for Thursday, June 16, 2022, at 7:35 p.m. ROLL CALL Attendee Name Title Status-Arrived Edward Giroux Chairman Present Tara Cesena Commissioner Present David Alaniz Commissioner Present Robert Khuu Assistant City Attorney Present Haide Aguirre Associate Planner Present Debra Thomas City Clerk Present APPROVAL OF AGENDA 2. Motion: APPROVE AGENDA FOR JUNE 16, 2022 RESULT: ADOPTED [UNANIMOUS] MOVER: Tara,Cesena;Commissioner SECONDER: David Alaniz,-Commissioner AYES: Edward A. Giroux;,Tara Cesena, David Alaniz City of Grand Terrace Page 2 C.3.a Packet Pg. 15 At t a c h m e n t : 0 6 - 1 6 - 2 0 2 2 ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Grand Terrace City Council ft Planning Commission/Site and Architectural Review Board June 16, 2022 B. CONSENT CALENDAR 3. Approval of Minutes— Regular Meeting— 03/03/2022 RESULT: ACCEPTED[UNANIMOUS] MOVER: Tara Cesena, Commissioner SECONDER: Edward A. Giroux, Chairman AYES: Edward A. Giroux, Tara Cesena, David Alaniz 4. Approval of Minutes— Regular Meeting — 05/19/2022 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tara Cesena, Commissioner SECONDER: Edward A. Giroux, Chairman AYES: Edward A. Giroux, Tara Cesena, David Alaniz C. ACTION ITEMS None. D. PUBLIC HEARINGS 1. Art in Public Places Ordinance Haide Aguirre, Associate Planner gave the staff report and PowerPoint presentation for this item. Chairman Giroux opened the public hearing at 8:23 p.m. PUBLIC COMMENT None. Chairman Giroux closed the public hearing at 8:23 p.m. Commissioner Cesena moved, with a second from Commissioner Alaniz to approve staff recommendation with the following additional recommendations: Art Value Requirements be calculated '/2% of 1% of the estimated total building valuation for single-family residential projects. Art Applicability for residential subdivisions or developments apply to four or more units. Perform language clean up in the proposed ordinance. City of Grand Terrace Page 3 C.3.a Packet Pg. 16 At t a c h m e n t : 0 6 - 1 6 - 2 0 2 2 ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Grand Terrace City Council tt Planning Commission/Site and Architectural Review Board June 16, 2022 ADOPT A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL MAKE A DETERMINATION THAT ZONING CODE AMENDMENT 22-04 IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) AND RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE BY AMENDING CHAPTER 18.06 (DEFINITIONS) AND ADDING CHAPTER 18.81 ESTABLISHING ART IN PUBLIC PLACES REQUIREMENTS RESULT:, APPROVED [UNANIMOUS] MOVER: Tara Cesena, Commissioner SECONDER: David Alaniz, Commissioner AYES:. Edward-A. Giroux, Tara Cesena„David Alaniz E. INFORMATION TO COMMISSIONERS None. F. INFORMATION FROM COMMISSIONERS Commissioner Alaniz announced the unveiling of the Curtain of Courage at the Government Center in downtown San Bernardino to honor the fourteen (14) fallen victims of the December 2, 2015, terrorist attack. ADJOURN Chairman Edward Giroux adjourned the Regular Meeting of the Planning Commission and Site and Architectural Review Board at 8:30 p.m. to the next scheduled meeting of the Planning Commission/Site and Architectural Review Board to be held on July 7, 2022, at 6:30 p.m. Edward Giroux, C airman of the rand De ra L. Thomas, City Clerk Terrace Planning Commission City of Grand Terrace Page 4 C.3.a Packet Pg. 17 At t a c h m e n t : 0 6 - 1 6 - 2 0 2 2 ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) o- CITY OF GRAND TERRACE PARKS & RECREATION ADVISORY COMMITTEE REGULAR MEETING March 10, 2022 —4:15 p.m. City Hall Community Room — North 22795 Barton Road, Grand Terrace, CA 92313 MINUTES CALL MEETING TO ORDER: Chair Brian Phelps convened the Regular Meeting of the Parks & Recreation Advisory Committee at 4:25 p.m. PLEDGE OF ALLEGIANCE: Committee Member Terry Reagan led the Pledge of Allegiance. ROLL CALL: Present: Committee Member Reagan; Vice-Chair Firnkoess; Chair Phelps Absent:Committee Members Freund, Hogue Staff: Debra Thomas, City Clerk 1. Approve February 10, 2022, Regular Meeting Minutes Vice-Chair Firnkoess moved, with a second from Committee Member Reagan to approve the February 10, 2022, Regular Meeting minutes. Ayes: Committee Member Reagan; Vice-Chair Firnkoess; -Chairman Phelps Absent:Committee Members Freund, Hogue 2. Public Comments None. r C.3.b Packet Pg. 18 At t a c h m e n t : 0 3 - 1 0 - 2 0 2 2 ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) 1 a Minutes Parks It Recreation Advisory Committee March 10, 202X 3. Discussion: a. Kyle Bacon Field — New Signage Debra Thomas, City Clerk announced to the Committee that the original March 5, 2022, t-ball field dedication had to be postponed. The t-ball field dedication has been rescheduled for April 2, 2022, at 11:45 a.m. at Veteran's Freedom Park. b. Committee Youth Member City Clerk Thomas explained that as of the meeting date, no applications for the youth member vacancy has been 'received. Vice:Chair Firnkoess indicated that she would provide city staff with other contacts at the high school to help coordinate the recruitment of a youth committee member. Committee Member Reagan asked if the youth committee member will have voting rights. City Clerk Thomas will review the position description and will report back to the Committee confirming whether voting rights exist for the position. c. 15th Annual Walk on Blue Mountain — De-Brief City Clerk Thomas informed the Committee that the 15th Annual Walk on Blue Mountain was a success and that 400-450 people participated. Vice- Chair Firnkoess requested confirmation that other organizations can have a booth set up at the event other than the Friends of Blue Mountain and the City. City Clerk Thomas informed the Committee that, other organizations may pass out information about their programs at City'events. There was also a suggestion,by Vice-Chair Firnkoess that the City create an information board to be placed at the beginning, of the trail so that participants will; be provided with the rules and regulations of the trail, importance of hydration, trash pick-up, dog waste 'pickup. It was also requested that a no admittance sign be created to be placed at the entrance of the trail at the closing time of admittance up the mountain. Some participants-harassed the volunteers when they were informed, they were unable to go up the mountain after 10:45 am. Vice-Chair Firnkoess suggested that the Sunday service performed at the top of the mountain be scheduled earlier between 9:00 am — 9:30 pm d. City of Grand Terrace Park Improvements— Grant Funding i C.3.b Packet Pg. 19 At t a c h m e n t : 0 3 - 1 0 - 2 0 2 2 ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) v Minutes Parks Et Recreation Advisory Committee March 10, 2022 City Clerk Thomas provided the Committee with. an update on each of the City's parks and plans for improvements. The Committee was provided with a copy of the grant funding requests submitted to the State for informational purposes only. 4. Committee Member Comments Vice-Chair Firnkoess wanted to request an update on Art in Public Places. City Clerk Thomas informed the Committee that an. item is being prepared to go before the Planning Commission in the next 60 days. Committee Member Reagan suggested that the priority projects identified by the Committee be included in the presentation. Chair Phelps asked if the digital sign on Palm and Barton Road could be repaired for use in advertising such as events, notices of vacancies, programs, etc. He thought the City had an agreement to use the one in front of CVS and asked if staff could find out if that agreement is still in place. 5. Staff Comments None. 6. Adjournment Chair Phelps adjourned the Regular Meeting of the Parks & Recreation Advisory Committee at,5:20 p.m. r Brian Ph6lpd, thair Debra.L. Thomas, Committee Secretary Next Meeting Date: April 14, 2022 @ 4:15 p.m. C.3.b Packet Pg. 20 At t a c h m e n t : 0 3 - 1 0 - 2 0 2 2 ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Historical and Cultural Activities Committee Minutes for month of—March 7, 2022 Location—2"d Floor conference Room Members present—Christina Valdivia-Phelps, Renae Walker, Franke Byma, Becky Giroux, Louise Lunstrum and Debra Thomas-City Clerk Members Absent—Michelle Greer and Mary Beth Correra Guests—Cathy Paint and Sip Called to order—6:04 pm Secretary's Report: February minutes read Frank'e motioned to accept, Christina 2"d 5 yes 0 no 0 abstain—Renae needs to amend to include Louise being present at February Meeting Treasurers Report: Franke read the treasurers report Louise motioned'to accept, Christina 2"d 5 yes 0 no 0 abstain Historical Report: Old Business: Frank'e gave us the name badges with lanyards.They came out really good. Art Show— Debra informed us about the potential issue with alcohol.She asked us to tell her whether she should bring to staff report for City Council approve on March 22"d. Becky will be our rep but we will also be there to speak in public comments. Lisa (old New to You owner)will be donating to us some are she has received. Christina presented flyers and we chose the Orange and Blue. Cathy for the "Paint and Sip" showed us to paintings, one geared for adults and one for kids and we asked if she could add blue mountain in the background. 30 people max she is thinking. Price point she is charging us is$10 a head we are thinking of$30 pre-pay and $40 day of cash only, 111 come 15t served. Christina is going to check with Starbucks for coffee donation. Louise is going to check with Sweet life for sweet donations. Becky is going to check with Woody's about Meat and Crackers and Fruits and Veggies. New Business: Mary Beth submitted her resignation to Debra. Once Debra submits in staff report it can be advertised. Meeting adjourned—7:10 pm C.3.c Packet Pg. 21 At t a c h m e n t : 0 3 - 0 7 - 2 0 2 2 ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) AGENDA REPORT MEETING DATE: September 13, 2022 Council Item TITLE: Update City of Grand Terrace Conflict of Interest Code PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION NO. 2020-34 IN ITS ENTIRETY AND ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO DESIGNATED POSITIONS, INCLUDING MEMBERS AND STAFF OF THE PUBLIC FINANCING AUTHORITY AND THE GRAND TERRACE HOUSING AUTHORITY 2030 VISION STATEMENT: This staff reports supports Goal No. 5 in that the Conflict of Interest Code promotes transparency within the organization and community. BACKGROUND: The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially. In reviewing the City's Conflict of Interest Code, staff identified staff positions that should be removed and positions that should be included in the Code. The positions included in the attached Resolution properly reflect positions that may potentially have a material effect on his/her financial interest in the decision making process. The changes made are listed as follows: Position Added to the Code Under City Manager: Senior Management Analyst Positions Added to the Code Under Planning & Development Services: Senior Planner Positions Removed from the Code: Budget Officer C.4 Packet Pg. 22 FISCAL IMPACT: This item does not require an expenditure of funds. ATTACHMENTS: • 2022-xx - Conflict of Interest Code 2022 (DOCX) APPROVALS: Debra Thomas Completed 08/30/2022 9:46 AM City Manager Completed 08/30/2022 12:58 PM City Council Pending 09/13/2022 6:00 PM C.4 Packet Pg. 23 CC Reso No. 2022-xx Page 1 of 6 September 13, 2022 RESOLUTION NO. 2022-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION NO. 2018-38 IN ITS ENTIRETY AND ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO DESIGNATED POSITIONS, INCLUDING MEMBERS AND STAFF OF THE PUBLIC FINANCING AUTHORITY AND THE GRAND TERRACE HOUSING AUTHORITY WHEREAS, the California Fair Political Practices Commission has adopted Section 18730 of Title 2 of the California Code of Regulations which contains the terms of a Standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings; and WHEREAS, a Conflict of Interest Code for City officials, employees and commissioners was adopted on September 22, 2020, by Resolution No. 2020-34; and WHEREAS, since the last revision of the Grand Terrace Conflict of Interest Code on September 22, 2020, it has been determined that there are proposed revisions to the Code; and WHEREAS, Government Code Section 87306.5 requires every local agency to review its Conflict of Interest Code in all even-numbered years. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Resolution No. 2020-34 is hereby rescinded. SECTION 2. In compliance with Government Code Section 87300, the City Council hereby adopts the FPPC’s Model Conflict of Interest Code authorized by 2 CCR § 18730 and the attached Exhibit “A” Designated Employees, and Exhibit “B” Appendix of Disclosure Categories. SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution, and it shall take effect and be in force. C.4.a Packet Pg. 24 At t a c h m e n t : 2 0 2 2 - x x - C o n f l i c t o f I n t e r e s t C o d e 2 0 2 2 ( U p d a t e C i t y o f G r a n d T e r r a c e C o n f l i c t o f I n t e r e s t C o d e ) CC Reso No. 2022-xx Page 2 of 6 September 13, 2022 PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 13th day of September 2022. ___________________________ Darcy McNaboe, Mayor ATTEST: Debra L. Thomas City Clerk APPROVED AS TO FORM: Adrian Guerra City Attorney C.4.a Packet Pg. 25 At t a c h m e n t : 2 0 2 2 - x x - C o n f l i c t o f I n t e r e s t C o d e 2 0 2 2 ( U p d a t e C i t y o f G r a n d T e r r a c e C o n f l i c t o f I n t e r e s t C o d e ) CC Reso No. 2022-xx Page 3 of 6 September 13, 2022 EXHIBIT “A” Designated Employees The following is a listing of positions for which the employee is required to submit Statements of Economic Interest (Form 700) pursuant to the Political Reform Act of 1974.1 To the extent that certain positions are required to perform actions on behalf of the City and also another agency or authority (such as the Successor Agency), the following disclosure requirements shall also apply to duties performed on behalf of any such agency/agencies. DEPARTMENTS / POSITIONS DISCLOSURE CATEGORIES City Attorney City Attorney 1 Assistant City Attorney 1 Deputy City Attorney 1 City Council / Boards of Directors Members of City Council2 1 City Clerk City Clerk 1 City Manager City Manager 1 Assistant City Manager 1 Senior Management Analyst 2 1 Government Code § 87200 already requires the following individuals (among others) to disclose their economic interests: mayors, city council members, planning commissioners, city managers, city attorneys, city treasurers, other public officials who manage public investments, and candidates for any of these offices at any election. For ease of reference, this Conflict of Interest Code includes such individuals, even though they already have statutory disclosure obligations. This code is not intended to increase or decrease their existing statutory obligations to disclose. 2 Members of the City Council currently serve as ex officio members of the following Boards: (1) Grand Terrace Public Financing Authority (2) Grand Terrace Housing Authority. All City Councilmembers already are required to disclose all financial interests that they have which may be affected by their membership on the City Council, and therefore, they are already required to disclose all interests which may also affect the actions they take as members of these boards. C.4.a Packet Pg. 26 At t a c h m e n t : 2 0 2 2 - x x - C o n f l i c t o f I n t e r e s t C o d e 2 0 2 2 ( U p d a t e C i t y o f G r a n d T e r r a c e C o n f l i c t o f I n t e r e s t C o d e ) CC Reso No. 2022-xx Page 4 of 6 September 13, 2022 Finance Department Director of Finance/Treasurer 1 Finance Manager 1 Principal Accountant 2 Senior Accountant 2 Management Analyst 2 Budget Officer 2 Fire Department Fire Chief or Designee to Grand Terrace 1 Planning Commission Members 1 Planning & Development Services Planning & Development Services Director 1 Senior Planner 1 Assistant Planner 2 Building Official 1 Animal Control / Code Enforcement Officer 2 Police Department Sheriff Captain assigned to Grand Terrace 1 Sheriff Lieutenant assigned to Grand Terrace 2 Public Works Public Works Director 1 Management Analyst 2 Consultants* 1 *Consultants (and certain people filling new positions – see below) shall be included in the list of designated employees and shall disclose, pursuant to the broadest disclosure category in the Code, subject to the following limitations: The City Manager or Agency’s Executive Director may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and based upon that description, a statement of the extent of disclosure requirements. The City Manager/Executive Director’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. Commission Regulation Section 18700.3 defines “consultant” as an individual who, pursuant to a contract with a state or local governmental agency: (1) Makes a governmental decision whether to: a. Approve a rate, rule, or regulation; b. Adopt or enforce a law; C.4.a Packet Pg. 27 At t a c h m e n t : 2 0 2 2 - x x - C o n f l i c t o f I n t e r e s t C o d e 2 0 2 2 ( U p d a t e C i t y o f G r a n d T e r r a c e C o n f l i c t o f I n t e r e s t C o d e ) CC Reso No. 2022-xx Page 5 of 6 September 13, 2022 c. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement; d. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval; e. Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; f. Grant agency approval to a plan, design, report, study, or similar item; g. Adopt, or grant agency approval of, policies, standards, or guidelines for the agency or for any subdivision thereof; or (2) Serves in a staff capacity with the agency and that capacity participates in making a governmental decision as defined in Regulation 18704(a) and (b) or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency’s Conflict of Interest Code under Section 87302. Newly Created Positions To the extent required by Commission Regulation 18219, as it may be amended from time to time, “an employee in a newly created position that makes or participates in the making of decision and whose specific position is not yet listed in the conflict of interest code” is also required to disclose pursuant to the broadest disclosure category, subject to the same limitation, above, via which the City manager may determine, in writing, that the employee is not required to fully comply with the disclosure requirements, etc. C.4.a Packet Pg. 28 At t a c h m e n t : 2 0 2 2 - x x - C o n f l i c t o f I n t e r e s t C o d e 2 0 2 2 ( U p d a t e C i t y o f G r a n d T e r r a c e C o n f l i c t o f I n t e r e s t C o d e ) CC Reso No. 2022-xx Page 6 of 6 September 13, 2022 EXHIBIT “B” DISCLOSURE CATEGORIES CATEGORY 1 Full Disclosure – All interests in real property as well as investments, business positions and sources of income, including gifts, loans, and travel payments. 2 Full Disclosure – (excluding interests in real property) – Investments and business positions and sources of income, including gifts, loans, and travel payments. 3 Interest in Real Property – Interests in real property located in the city, including property located within a two mile radius of any property owned or used by the City. 4 General Contracting – Investments, business positions and of income, including gifts, loans and travel payments from sources that provide leased facilities, goods, equipment, vehicles, machinery, or services, including training or consulting services, of the type utilized by the City. C.4.a Packet Pg. 29 At t a c h m e n t : 2 0 2 2 - x x - C o n f l i c t o f I n t e r e s t C o d e 2 0 2 2 ( U p d a t e C i t y o f G r a n d T e r r a c e C o n f l i c t o f I n t e r e s t C o d e ) AGENDA REPORT MEETING DATE: September 13, 2022 Council Item TITLE: The City Council of the City of Grand Terrace Issue a Letter Requesting that Governor Gavin Newsom Veto Senate Bill (SB) 1127 (Atkins) Workers’ Compensation: Liability Presumptions PRESENTED BY: Konrad Bolowich, City Manager RECOMMENDATION: Staff recommends that the City Council authorize the Mayor to execute a letter on its behalf, requesting Governor Gavin Newsom veto Senate Bill 1127 (Atkins) Workers’ Compensation: Liability Presumptions. 2030 VISION STATEMENT: This staff report supports Goal #1, Ensuring Fiscal Viability and Goal #4, Develop and Implement Successful Partnerships. BACKGROUND: Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries arising out of and in the course of their employment. Existing law requires an injured employee to file a claim form with the employer. Under existing law, except for specified injuries, if liability is not rejected within 90 days after the date the claim form is filed with the employer, the injury is presumed compensable, and the presumption is rebuttable only by evidence discovered subsequent to the 90-day period. Existing law prohibits aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability from extending for more than 104 compensable weeks within a period of 5 years from the date of injury, except if an employee suffers from certain injuries or conditions. DISCUSSION: Senate Bill (SB) 1127 (Atkins), as amended on August 15, 2022, is a concern as it would significantly alter how presumptive workers’ compensation claims are managed, undoubtedly increasing lawsuits and workers’ compensation claims to public agencies. SB 1127 includes three significant changes to current law, as follows: 1. Employees with a presumptive cancer claim would be entitled to up to 240 weeks of temporary disability, a sizable increase from the current 104-week limit. C.5 Packet Pg. 30 2. The current 90-day period to investigate a workers’ compensation claim would be shortened to 75 days. A natural consequence of shortening the investigative period would be more claims being conditionally denied. 3. Presumptive claims that are “unreasonably rejected” (denied) would be subject to a penalty of up to $50,000. As there is currently no standard for what constitutes an unreasonable denial, there would be plenty of leeway for judges to award penalties to employees. California Joint Powers Insurance Authority (CJPIA) has created a letter template that addresses the issues detailed above which urges Governor Newsom to veto the bill. CJPIA is asking public agencies to oppose SB 1127. Attached is a copy of the letter for City Council’s review which states its concern about the bill and that the City requests Governor Newsom veto the bill, as it would increase lawsuits and workers’ compensation costs for public agencies. FISCAL IMPACT: None. ATTACHMENTS: • 09-14-2022 - Senate Bill 1127 (PDF) APPROVALS: Konrad Bolowich Completed 09/07/2022 1:55 PM City Manager Completed 09/07/2022 1:55 PM City Council Pending 09/13/2022 6:00 PM C.5 Packet Pg. 31 September 14, 2022 Governor Gavin Newsom 1021 O Street, Suite 9000 Sacramento, CA 95814 SUBJECT: Senate Bill 1127 Dear Governor Newsom, On behalf of the City of Grand Terrace City Council, I write in opposition to Senate Bill (SB) 1127 (Atkins), as amended on August 15, 2022, because it fundamentally alters longstanding rules and timeframes for determining eligibility for workers’ compensation claims and would dramatically increase systemic friction and litigation. SB 1127 creates a new, reduced timeline for employers to decide whether to cover a claimed injury. However, it does not synchronize other statutes and regulations that prevent employers from complying with the new timeline. The bill changes the rules for all presumptive claims, but the provisions applied to public employers are particularly challenging. SB 1127 has three main provisions, each of which is problematic: • Reduces the timeframe allotted to employers to investigate rebuttable presumption claims: SB 1127 proposes to shorten the time provided for employers to examine claims from 90 to 75 days. The bill does not, however, make a single change to the statutory and regulatory provisions that cause investigations to take more than 90 days. • Imposes new penalties on employers: SB 1127 proposes new and unprecedented penalties on all claims covered by presumption statutes. The penalty would apply when “liability has been unreasonably rejected for claims of injury” and would cost up to $50,000. These claims are predominantly for public safety employees whose salaries are taxpayer-funded. As proposed, these claims would have a higher standard of evidence because of the presumption, an objectively inadequate timeline to investigate claims, and substantial penalties for getting the process wrong. City of Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313 www.grandterrace-ca.gov 909-824-6621 C.5.a Packet Pg. 32 At t a c h m e n t : 0 9 - 1 4 - 2 0 2 2 - S e n a t e B i l l 1 1 2 7 ( O p p o s e S e n a t e B i l l 1 1 2 7 ) September 14, 2022 Governor Gavin Newsom Subject: Senate Bill 1127 Page 2 • More than doubles the duration of temporary disability for cancer presumption claims: SB 1127 would extend the term of temporary disability benefits from 104 to 240 weeks for claims covered by cancer presumption statutes. Currently, covered employees have full and tax-free wage replacement benefits for one year and access to disability retirement benefits that can, in some cases, be received concurrently with temporary disability benefits. We humbly request that you veto this bill as it will undoubtedly increase lawsuits and workers’ compensation costs for our agency. Sincerely, Darcy McNaboe Mayor C.5.a Packet Pg. 33 At t a c h m e n t : 0 9 - 1 4 - 2 0 2 2 - S e n a t e B i l l 1 1 2 7 ( O p p o s e S e n a t e B i l l 1 1 2 7 ) AGENDA REPORT MEETING DATE: September 13, 2022 TITLE: Authorize Expenditures for Dog Park Equipment with Per Capital Grant Funds PRESENTED BY: Shanita Tillman, Management Analyst RECOMMENDATION: 1. Authorize the expenditure of up to $29,302 from Parks Fund (Fund 49) for the purchase of dog park surface, dog teeter, fire hydrant, dog tunnel, and dog ramps 2. Authorize sales documentation to procure dog park surface, dog teeter, fire hydrant, dog tunnel, and dog ramp not to exceed the grant awarded amount 2030 VISION STATEMENT: This staff report supports City Council Goal # 4 “Develop and Implement Successful Partnerships” by working with state agencies to secure funding for programs and projects to deliver services benefiting our community. BACKGROUND: The State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program. The City has needs for funding to provide additional features to City parks. DISCUSSION: Through the Per Capita Grant program, the City can provide additional amenities at multiple parks. The Dog Park located on Vista Grande Way and Grand Terrace Rd. is set to have surface maintenance performed, installation of a dog teeter, two fire hydrants, dog tunnel, and two dog walk ramps: Equipment Company Price Expended Amount Dog Crawl American Recycled Products $1,289.00 $12,618.67 Teeter Totter $1,564.00 Park Fire Hydrant $1,100.00 Dog Walk $7,460.00 Equipment Company Available Grant Funds C.6 Packet Pg. 34 Dog Park Surface EZ Sunnyday $16,683.33 Staff is recommending the approval of the expenditure for the dog park equipment from American Recycled Product and the purchase order for the dog park surface maintenance performed by EZ Sunnyday. FISCAL IMPACTS: The grant is for $177,952.00. Most of the project activities are slated to occur in economically disadvantaged neighborhoods. Because of this, City matching funds will be $5,200.00. The funding for the equipment will come from: Parks (Fund 49) Account 49-471-700-000-000 ATTACHMENTS: • Dog Park Equipment Invoice (PDF) • EZ Sunnyday Quote (PDF) APPROVALS: Shanita Tillman Completed 08/29/2022 2:44 PM Finance Completed 08/30/2022 2:07 PM City Manager Completed 09/07/2022 11:24 AM City Council Pending 09/13/2022 6:00 PM C.6 Packet Pg. 35 C.6.a Packet Pg. 36 At t a c h m e n t : D o g P a r k E q u i p m e n t I n v o i c e ( A u t h o r i z e E x p e n d i t u r e s f o r D o g P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) C.6.b Packet Pg. 37 At t a c h m e n t : E Z S u n n y d a y Q u o t e ( A u t h o r i z e E x p e n d i t u r e s f o r D o g P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) AGENDA REPORT MEETING DATE: September 13, 2022 Council Item TITLE: Measure I Capital Project Needs Analysis for Fiscal Year 2022-2023 through 2026-2027 PRESENTED BY: Shanita Tillman, Management Analyst RECOMMENDATION: ADOPT “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, ADOPTING A FIVE-YEAR MEASURE I CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEAR 2022-2023 THROUGH 2026-2027” 2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by investing in improvements to public infrastructure. BACKGROUND: The Measure I Strategic Plan requires local jurisdictions to annually adopt a Five-Year Capital Project Needs Analysis (CPNA), which documents project or program needs by fiscal year and includes the anticipated funding sources, funding amounts and project phasing where appropriate. San Bernardino Associated Governments' staff will use these submittals, along with similar information from SANBAG departments, in a cash- flow analysis necessary for effective implementation of the Measure I Strategic Plan. The Master Agreement for the CPNA was approved by the City Council in May 2010. DISCUSSION: Measure I revenue can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set by Ordinance No. 04-01 and Ordinance No. 89-1 of the Authority. The Strategic Plan and Expenditure Plan require each local jurisdiction applying for revenue from the Valley Major Street - Arterial Program to annually adopt and update the Five-Year CPNA. The CPNA, as recommended, identifies one project in the City where funds would improve traffic capacity and operations, subject to availability of Arterial Program funding. The project description is: Extend Commerce Way from 900’ n/o De Berry St to Main St from 0 to 4 lanes. C.7 Packet Pg. 38 Staff is recommending that the City Council adopt a resolution approving the proposed updated Five-Year Measure I Capital Projects Needs Analysis for Fiscal Years 2022/23 through 2026/27. FISCAL IMPACT: The City previously committed to obligate $1,000,000 from development impact fees (arterial improvements account) over the five-year period including FY22-23 thru FY26- 27 to advance the design and construction of Commerce Way, a major circulation improvement project. The City requested $1,973,128.55 in Measure I subventions over the five-year period for this project. The City’s commitment to obligate development impact fees is a requirement to receive the Measure I - Arterial Program funds as this represents the development fair share (approximately 40%) of the cost. The CPNA does not obligate General Fund revenue. The CPNA is updated annually. If development impact fee revenues are not generated at the anticipated pace, the City will need to explore other funding options, delay the project, or reduce the project scope accordingly. Should the City’s priorities change in the future, the CPNA may be revised at any time with the changes reported to SBCTA. ATTACHMENTS: • CPNA Resolution September 2022 (DOCX) • 2024-2028 CPNA (2022) Grand Terrace (PDF) APPROVALS: Shanita Tillman Completed 08/31/2022 3:04 PM Finance Completed 09/01/2022 9:36 AM City Manager Completed 09/01/2022 12:38 PM City Council Pending 09/13/2022 6:00 PM C.7 Packet Pg. 39 Nexus Project Cost 3,500,000$ Dev. Loan?No 5-Year Advance?No Public Share:60.1% Dev. Share:39.90% Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE Total Cost:$137,508.80 Fund Type:MSI Arterial $ 137,509 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&ETotal Cost:$48,593.40 Fund Type:MSI Arterial $ 25,848 $ - $ - $ - $ - $ - $ - DEV FEE $ 22,746 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROWTotal Cost:$519,375.00 Fund Type:MSI Arterial $ 73,195 $ 208,000 $ 51,375 $ - $ - $ - $ - DEV FEE $ 134,805 $ 52,000 $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONSTTotal Cost:$2,578,750.00 Fund Type:MSI Arterial $ - $ 416,000 $ 855,702 $ 205,500 $ - $ - $ - DEV FEE $ - $ 416,000 $ 480,048 $ 205,500 $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses. Capital Project Needs Analysis City of Grand Terrace Valley Arterial Sub-Program Extend Commerce Wy from 900' n/o DeBerry St to Main St from 0 to 4 lanes Current Total Project Cost Estimate:$0.00 Total Measure I Request: $1,973,128.55 (Summation of Measure I) Comments: 2024-2028 CPNA (2022) Grand Terrace - Proj 1 C.7.b Packet Pg. 40 At t a c h m e n t : 2 0 2 4 - 2 0 2 8 C P N A ( 2 0 2 2 ) G r a n d T e r r a c e ( F i v e Y e a r M e a s u r e I C P N A U p d a t e ) AGENDA REPORT MEETING DATE: September 13, 2022 TITLE: Award Contract to Goodman & Associates for Preparation of PS&E for 2022-23 CIP PRESENTED BY: Shanita Tillman, Management Analyst RECOMMENDATION: 1. Award a Contract to Goodman & Associates for Preparing Plans, Specifications and Estimate (PS&E) for Pavement Rehabilitation Project for the Fiscal Year 2022-23 CIP in the amount of $78,000. 2. Authorize the City Manager to Execute the Agreement and Any Change Orders subject to City Attorney Approval as to Form. 2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by investing in critical improvements to infrastructure BACKGROUND: On May 24, 2022, the City Council approved a 5-Year Capital Improvement Program (CIP) for Fiscal Years 2022/23 through 2026/27. DISCUSSION: Staff solicited proposals from five consulting firms for preparation of Plans, Specifications & Estimates (PS&E) for the FY2022-23 Capital Improvement Plan (CIP). Three (3) firms declined to submit proposals noting the size of the project and their inability to submit a proposal due to their workload. The firms of Willdan and Goodman & Associates submitted proposals. The proposal from Goodman & Associates was selected to provide the PS&E for this project based on professional expertise, experience, service level and references. Therefore, staff is recommending that Council award a contract to Goodman & Associates for the development of Plans, Specifications and Estimates for the pavement rehabilitation project in the amount of $78,000 and authorize the City Manager to execute the contract subject to City attorney approval as to form. ENVIRONMENTAL IMPACT: This project is CEQA exempt. C.8 Packet Pg. 41 FISCAL IMPACT: The cost of the PS&E from Goodman & Associates is $78,000 and will be supported by ARPA funds from Account No. 94-175-257-000-000. ATTACHMENTS: • Goodman proposal (PDF) • RFP for Consultants (DOCX) • Goodman & Associates Agreement (DOCX) APPROVALS: Shanita Tillman Completed 09/01/2022 2:06 PM Finance Completed 09/07/2022 1:35 PM City Manager Completed 09/07/2022 1:55 PM City Council Pending 09/13/2022 6:00 PM C.8 Packet Pg. 42 2079 Sky View Drive • Colton, Ca 92324 • (909) 824-2775 •FAX (909) 824-2807 email • doug@goodman-assoc.com Goodman &ASSOCIATES July 26, 2022 Kamran Dadbeh 22795 Barton Road Grand Terrace, CA 92313 (emailed) Subject: Proposal for Engineering Project: Pavement re-hab projects (listed below) Dear Kamran, Per your request we offer the following scope of services for this project based on our discussions: Plan Preparation 1. Street Improvement Plans – pavement rehabilitation a. Title Sheet, General Notes, Vicinity Map b. Plan View only (based on Google aerial images) i. Mt. Vernon to Barton Road ii. La Cadena Dr. from Litton Ave. to Barton Road iii. Michigan Ave. from W. Main St. to Commerce Way iv. Pico St. from Cul-de-Sac at west end to east end of Pico c. Pavement and Grinding details d. Locations of Sidewalk removal and replacement e. Striping/re-striping Plans 2. Project Estimate of Quantities 3. Specifications Total Fee - $78,000 The above fees do not including a field survey or geotechnical testing. Upon notice to proceed, we anticipate it will take 60 days to complete the plans for submittal to the City. This proposal is valid for 90 days. Thank you for the opportunity to participate in your project. Regards, GOODMAN & ASSOCIATES DL Goodman Douglas L. Goodman C.8.a Packet Pg. 43 At t a c h m e n t : G o o d m a n p r o p o s a l ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 REQUEST FOR PROPOSALS Professional Engineering Services FOR Street Pavement Rehabilitation Project 2022-23-A SUBMITTAL DEADLINE Monday July 25, 2022 Commented [KD1]: C.8.b Packet Pg. 44 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 1. INTRODUCTION The City of Grand Terrace requests sealed proposals (RFP) from qualified engineering firms to provide design for the street rehabilitation project for various streets. The successful firm will have experience in the preparation of plans, specifications and estimate (PS&E) for design of street rehabilitation and ability to provide options and creative solutions. 2. PROJECT SCHEDULE The anticipated project schedule is as follows: 1. RFP Submittal Deadline: Monday July 25, 2022 2. Determination of Most Qualified Firm(s) Monday August 1, 2022 3. Contract Award (Tentatively scheduled for Tuesday August 23, 2022) 3. SCOPE OF WORK The selected firm will be required to perform street rehabilitation design services to be specified more fully in a contract agreement to be negotiated after selection. Below is the project list: Mt. Vernon from Main Street to Barton Road La Cadena Dr. from Litton Ave to Barton Road Michigan Avenue from W. Main St. to Commerce Way Pico St. from CDS (West End) to East End The proposal shall include at a minimum the following tasks: Preliminary Engineering Utility Coordination Preparation of PS&E Bidding Process Construction Engineering Schedule Fee 4. PROPOSAL SUBMITTAL Interested firms shall submit one PDF and one Word copy of the proposal by e- mail to Kamran Dadbeh, at kdadbeh@grandterrace-ca.gov by Monday July 25, 2022 Inquiries may be sent by email to kdadbeh@grandterrace-ca.gov. The City will not respond to phone inquiries. Question(s) shall be submitted by Monday July 18, 12 noon. Field Code Changed Field Code Changed C.8.b Packet Pg. 45 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 5. PROPOSAL CONTENT AND FORMAT The Proposal should be prepared simply and economically, providing a straight forward, concise description of the respondent's proposal to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements. The submittal proposals are to contain the following elements: Firm Organization, Credentials, Background – include a brief profile of your firm and any team member’s. Identify the project team, including organizational chart and lines of authority and area of responsibility. Experience - Consultant’s experience with at least three recent public agency projects of similar scope, including references with contact person and telephone number, and participation of staff being proposed on this project. 6. MISCELLANEOUS a. Standard City Contract Services Agreement The consultant will enter into an agreement with the City based upon the contents of the RFP and the consultant’s response. The City’s standard form of agreement is included (see Attachment A). The consultant shall carefully review the agreement, especially the indemnity and insurance provisions. There will be no modifications or exceptions to the standard contract agreement. b. Modification or Withdrawal of Submittals Any Proposals received may be withdrawn or modified prior to the submittal due date by written request to the CITY by the prime consultant. c. Property Rights Proposals received become the property of the City of Grand Terrace. d. Confidentiality Before award of the contract, all proposals will be designated confidential. After award of the contract all Proposals become public record. Contracts are considered awarded after they are fully executed by both parties and approved by the CITY. Any language purporting to render any portion of the Proposal to be excluded from public review will be regarded as non-effective and will be disregarded. C.8.b Packet Pg. 46 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) e. Addendum to Request for Qualifications The CITY reserves the right to amend the RFP Notice by addendum before the final submittal date. f. Non-Commitment of the CITY This RFP does not commit the CITY to award a contract, to pay any costs incurred in the preparation of a Proposal for this request, or to procure or contract for services. All products used or developed in the execution of any contract resulting from this RFP will remain in the public domain at the completion of the contract. g. Americans with Disabilities Act The consultant shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. Section 12101 et seq.). h. Conflict of Interest Concerning Consultant(s) Prospective consultants shall disclose any financial, business, or other relationship with the City of Grand Terrace that may have an impact upon the outcome of this contract. Prospective consultants shall also list current clients who may have a financial interest in the outcome of this contract. i. References The CITY reserves the right to check references not only for those stated in the Proposal but also references from the CITY’s consultant evaluation reports. Reference information provided in the Proposal found to be in error may be reflected as a reduction in the evaluation score. 7. CONSULTANT EVALUATION AND SELECTION PROCESS The CITY will select a consultant for the project based on the following criteria: a) The City will review all Proposals and award a contract, or contracts, based on a firm’s qualifications, personnel, previous experience with this type of project. and what is most advantageous to the City. b) City may request consultants, who appear to be most qualified for this project, to participate in a brief oral interview and presentation of their proposal. C.8.b Packet Pg. 47 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) c) Proposed scope of services, and demonstration of an approach to the project, that is most beneficial to the City. d) Effective use of resources and man-hours proposed for the project. e) The City staff will negotiate a contract with the best qualified firm for the desired consulting services. In the event City staff is unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm shall be formally terminated. Negotiations will then be undertaken with the next most qualified firm. Failing accord with the second most qualified firm, the City staff will terminate negotiations and continue the negotiation process with the next most qualified firms in order of their evaluation ranking until an agreement is reached, and a firm is selected and an agreement is executed. ATTACHMENTS Attachment “A” Standard City Contract Services Agreement C.8.b Packet Pg. 48 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) Attachment “A” Standard City Contract Services Agreement C.8.b Packet Pg. 49 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514137.3 12/30/2021 2 CITY OF GRAND TERRACE AGREEMENT FOR CONTRACT SERVICES FOR Street Pavement Rehabilitation Project 2022-23-A This “CITY OF GRAND TERRACE AGREEMENT FOR CONTRACT SERVICES FOR ________________” (herein “Agreement”) is made and entered into this ____ day of _______, 2022, by and between the CITY OF GRAND TERRACE, a California municipal corporation (“City”) and ______________ (herein “Consultant”). NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES OF CONSULTANT Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner. Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement. Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. COMPENSATION Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of ______________________________ Dollars ($________) (“Contract Sum”). Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for C.8.b Packet Pg. 50 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 3 01247.0001/514137.3 12/30/2021 all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. PERFORMANCE SCHEDULE Time of Essence. Time is of the essence in the performance of this Agreement. Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively. Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay C.8.b Packet Pg. 51 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 4 01247.0001/514137.3 12/30/2021 when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). COORDINATION OF WORK Representative of Consultant. ____________________________ is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes. Contract Officer. City Manager [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”). Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City. INSURANCE AND INDEMNIFICATION Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: C.8.b Packet Pg. 52 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 5 01247.0001/514137.3 12/30/2021 (a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. (f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the C.8.b Packet Pg. 53 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 6 01247.0001/514137.3 12/30/2021 insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances. Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith; Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees. C.8.b Packet Pg. 54 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 7 01247.0001/514137.3 12/30/2021 Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. RECORDS, REPORTS, AND RELEASE OF INFORMATION Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require. Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer. (b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena. (c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. C.8.b Packet Pg. 55 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 8 01247.0001/514137.3 12/30/2021 (d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant. Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. ENFORCEMENT OF AGREEMENT AND TERMINATION California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or C.8.b Packet Pg. 56 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 9 01247.0001/514137.3 12/30/2021 different times, of any other rights or remedies for the same default or any other default by the other party. Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract at any time for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. MISCELLANEOUS Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and C.8.b Packet Pg. 57 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 10 01247.0001/514137.3 12/30/2021 City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. Waiver. No delay or omission in the exercise of any right or remedy by non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Attorney’s Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or C.8.b Packet Pg. 58 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 11 01247.0001/514137.3 12/30/2021 municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials _______ Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [Signatures on the following page.] C.8.b Packet Pg. 59 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 12 01247.0001/514137.3 12/30/2021 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of Grand Terrace, a municipal corporation _____________________________________ Konrad Bolowich, City Manager ATTEST: ____________________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP ____________________________________ Adrian R. Guerra, City Attorney CONSULTANT: _____________________________________ _____________________________________ By: __________________________________ Name: Title: By: __________________________________ Name: Title: Address: ______________________________ _____________________________ _____________________________ Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. C.8.b Packet Pg. 60 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514137.3 12/30/2021 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. C.8.b Packet Pg. 61 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514137.3 12/30/2021 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. C.8.b Packet Pg. 62 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01006-0001/301444.1 A-1 EXHIBIT “A” SCOPE OF SERVICES I. Consultant will perform the following Services: A. B. C. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. B. C. III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. B. C. IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. B. C. C.8.b Packet Pg. 63 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514137.3 12/30/2021 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) C.8.b Packet Pg. 64 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) C-1 01247.0001/514137.3 12/30/2021 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall perform the following tasks at the following rates: RATE TIME SUB-BUDGET A. __________ __________ __________ __________ B. __________ __________ __________ __________ C. __________ __________ __________ __________ D. __________ __________ __________ __________ II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8. IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $______ as provided in Section 2.1 of this Agreement. VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. C.8.b Packet Pg. 65 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) C-2 01247.0001/514137.3 12/30/2021 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer and the City Attorney’s office. II. Consultant shall deliver the following tangible work products to the City by the following dates. A. B. C. III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. C.8.b Packet Pg. 66 At t a c h m e n t : R F P f o r C o n s u l t a n t s ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and GOODMAN & ASSOCIATES C.8.c Packet Pg. 67 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -2- AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND GOODMAN & ASSOCIATES This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND GOODMAN & ASSOCIATES” (herein “Agreement”) is made and entered into this 13 day of September, 2022 by and between the City of Grand Terrace, a California municipal corporation (“City”) and Goodman & Associates, (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest C.8.c Packet Pg. 68 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -3- professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Consultant’s Proposal. The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. C.8.c Packet Pg. 69 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -4- 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Seventy Eight Thousand Dollars ($78,000.00) (“Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less C.8.c Packet Pg. 70 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -5- contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. C.8.c Packet Pg. 71 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -6- 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: (Name) (Title) (Name) (Title) (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, C.8.c Packet Pg. 72 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -7- the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be [_____________________________ or] such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. C.8.c Packet Pg. 73 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -8- 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years C.8.c Packet Pg. 74 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -9- following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] ______________ Consultant Initials C.8.c Packet Pg. 75 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -10- City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant C.8.c Packet Pg. 76 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -11- hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts C.8.c Packet Pg. 77 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -12- from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such C.8.c Packet Pg. 78 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -13- information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices C.8.c Packet Pg. 79 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -14- during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. C.8.c Packet Pg. 80 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -15- 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorney’s Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. C.8.c Packet Pg. 81 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -16- 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. C.8.c Packet Pg. 82 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -17- 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.) C.8.c Packet Pg. 83 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 -18- Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] C.8.c Packet Pg. 84 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of Grand Terrace, a municipal corporation ______________________________________ Konrad Bolowich, City Manager ATTEST: ______________________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP ______________________________________ Adrian R. Guerra, City Attorney CONSULTANT: GOODMAN & ASSOCIATES ______________________________________ ______________________________________ By: ___________________________________ Name: Title: By: ___________________________________ Name: Title: Address: 2079 Sky View Drive Colton, CA 92324 Tel: 909-824-2275 Fax: 909-824-2807 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. C.8.c Packet Pg. 85 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. C.8.c Packet Pg. 86 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. C.8.c Packet Pg. 87 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 EXHIBIT “A” SCOPE OF SERVICES I. Consultant will perform the following Services: A. Consultant shall prepare Street Improvement Plans for the City’s 2022-23-A Pavement Rehabilitation Project as follows (“Plans”): 1. Street Improvement Plans – pavement rehabilitation a. Title Sheet, General Notes, Vicinity Map b. Plan View only (based on Google aerial images) i. Mt. Vernon from Main Street to Barton Road ii. La Cadena Dr. from Litton Ave. to Barton Road iii. Michigan Avenue from W. Main St. to Commerce Way iv. Pico St. from CDS (West End) to East End c. Pavement and Grinding details d. Depict existing sidewalk needing removal/replacement e. Striping/re-striping Plans B. Consultant shall prepare Estimate of Quantities for the City’s 2022-23-A Pavement Rehabilitation Project (“Estimate”). C. Consultant shall prepare Specifications for the City’s 2022-23-A Pavement Rehabilitation Project (“Specifications”). D. Consultant shall meet with City staff regarding the Services upon request by City staff, which shall include a kick-off meeting if requested. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. Complete set of Plans, Specifications and Estimate shall be completed pursuant to the Schedule of Performance as provided in Exhibit “D”. III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. Consultant shall provide a status report regarding the Services upon completing 50% of the Plans. B. Consultant shall provide a status report regarding the Services upon completing 90% of the Plans. IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and C.8.c Packet Pg. 88 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. Doug Goodman, Scott Harjehausen C.8.c Packet Pg. 89 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) C.8.c Packet Pg. 90 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 EXHIBIT “C” SCHEDULE OF COMPENSATION I. The total compensation for the Services shall not exceed $78,000 as provided in Section 2.1 of this Agreement. II. The City will compensate Consultant for the Services performed upon submission of a valid invoice at completed milestones as follows: A. Payment of 50% of contract amount upon presentation of 50% status report and plans. B. Payment of 40% of contract amount upon presentation of 90% status report and plans. C. Payment of 10% of contract amount upon presentation of Final Plans, Specifications and Estimates. C.8.c Packet Pg. 91 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) 01247.0001/514122.2 12/30/2021 D-1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Consultant shall perform and complete all Services within 60 days from the date of Notice to Proceed by the Contract Officer. C.8.c Packet Pg. 92 At t a c h m e n t : G o o d m a n & A s s o c i a t e s A g r e e m e n t ( A w a r d C o n t r a c t t o G o o d m a n & A s s o c i a t e s ) AGENDA REPORT MEETING DATE: September 13, 2022 Council Item TITLE: Adopt the Resolution Authorizing Participation in the PARS Post-Employment Benefits Trust Program Administered by Public Agency Retirement Services (PARS) and U.S. Bank, Appointing the City Manager as the City’s Plan Administrator, and Authorizing the City Clerk to Execute the Documents and to Implement the Program PRESENTED BY: Terry Shea, Interim Finance Director RECOMMENDATION: Consider adoption of the Resolution authorizing the establishment of the PARS Post-Employment Benefits Trust Program which could be used to pre-fund CalPERS pension obligations. 2030 VISION STATEMENT: This staff report supports Goal #1, Ensuring Fiscal Viability by addressing funding options to reduce pension costs. BACKGROUND: At its meeting of June 14, 2022, Council indicated they would like to further explore the use of a Section 115 Trust to address the City’s unfunded liabilities. This report to the City Council is a recommendation to setup a Section 115 Trust to better plan for and manage the City’s pension unfunded liability. In compliance with this direction, staff contacted four providers to solicit proposals from qualified vendors for IRS Section 115 Pension Trust Services. Finance staff reviewed, compared, and evaluated the respective proposal responses. Interviews were conducted by the Interim Finance Director with each respondent. The interview included questions to assess the experience of each respondent, their historical success achieving investment performance goals, costs to both establish and maintain the trust, and the complexity of administrative process to both establish and administer the trust. In total, the City received three responses to the request for information: CalPERS, Keenan, and PARS. The fourth provider PFM declined to respond. Finance Staff found all three firms to be professionally qualified to provide trust services. However, the Staff were unanimous in recommending PARS for providing trust services based on qualifications, experience, staff knowledge, cost, and ease of administrative process. Keenan has strong experience with the management of IRS Section 115 Trusts and F.9 Packet Pg. 93 currently manages other post-employment benefit (OPEB) and IRS Section 115 Pension Trusts for 66 agencies. CalPERS is an agency of the State of California charged to administer defined benefit pension, employer contribution prefunding, health benefits, long term care insurance, OPEB prefunding, and supplemental income defined contribution programs, for the benefit of State, school, and local public agency employees. Currently, CalPERS manages OPEB and IRS Section 115 Pension Trusts for more than 570 California public employers. Expanding on their offering of IRS Section 115 trusts, CalPERS, as of July of 2019, now offers the California Employers Pension Trust (CEPPT). Under this program, CalPERS is managing $5 million in assets on behalf of six California Public Employers. PARS has the most IRS Section 115 pension trusts under management, managing over 420 separate trusts. PARS provided strong experience and a knowledgeable working group for the City. PARS offered a scaled cost structure that started at 60 basis point for balances under $5 million. DISCUSSION: The City of Grand Terrace has unfunded long-term liabilities for employee pension costs with CalPERS. We are looking for alternative ways to increase the funded ratio and reduce our annual costs for CalPERS and one such option is a Section 115 Trust as offered by PARS. CalPERS is making the following changes which will directly affect the unfunded liability amounts and employer contributions, lowering the discount rate from 7% to 6.8% and shortening the amortization period for the UAL from 30 years to 20 years. In 2012, the Government Accounting Standards Board (GASB) issued Statement No. 68, Accounting and Financial Reporting for Pensions. GASB 68 requires that governmental employers that sponsor Defined Benefit plans (i.e., CalPERS) must recognize a net pension liability (unfunded accrued liability) on their balance sheet. This is the difference between the City’s total pension liability (actuarial accrued liability) and actual plan assets. GASB 68 became effective for the 2014-15 fiscal year. To address the GASB 68 net pension liability figure, the City’s only prior option was to commit additional funds to CalPERS (in excess of its annual required contributions) to reduce its unfunded liability. However, a recent private letter ruling received by PARS from the IRS established that the City could create a separate trust to "pre-fund" its CalPERS unfunded liability. This would provide the City with an alternative to sending funds to CalPERS that will allow for greater local control over assets, investment by a professional fund management team selected and monitored by the City, with future excess contributions transferred to CalPERS at the City’s discretion to reduce the City’s Net Pension Liability. F.9 Packet Pg. 94 To date, three hundred sixty-nine (369) California public agencies have adopted the Pension Rate Stabilizaion Program (PRSP) through PARS including one hundred forty- six (146) cities. Expected benefits offered by the PARS PRSP include: · Contributions placed in an exclusive benefit trust could address the City’s Net Pension Liability · Investment flexibility with Section 115 Trust compared to restrictions on general fund investments (Govt. Code 53216) · Increased risk diversification of plan assets through different asset management · Investments can be tailored to the City’s unique demographics · Oversight and control of fund management selection, monitoring of performance and ability to replace fund management based on performance criteria · Increased flexibility on use of trust assets (i.e., trust assets can be accessed at any time as long as the assets are used to fund the City’s pension obligations) · Lower investment management and administrative expenses compared to CalPERS · Potential for positive rating agency and investor consideration. To help public agencies address and manage their GASB 68 liability, PARS has developed the PARS Post-Employment Benefits Trust Program. PARS has assembled leading professionals to provide the City with the necessary services required under one program to pre-fund pension and retiree health care liabilities through an IRS reviewed program. The program has been established as a multiple employer trust so that public agencies regardless of size can join the program to receive the necessary economies of scale to keep administrative fees low and avoid any setup costs. The trust permits the City, under federal and state law, to invest in a more diversified array of investments to maximize investment returns long term. PARS has partnered with US Bank to serve as trustee and its sub-adviser HighMark Capital Management, Inc., to provide investment management services for the program. FISCAL IMPACT: The City’s current Unfunded Accrued Liability (UAL) per the CalPERS actuarial report as of June 30, 2020, is $5,637,009 and our annual UAL payment is approximately $597,000. Staff is recommending using a portion of the proceeds received from sale of the Fire Station Property to the County of San Bernardino. These funds would be used to offset the UAL and the earnings can be used to help with the annual UAL payment. Total combined administrative, trustee and investment management fees for PARS, US Bank and HighMark Capital Management start at 0.60% of assets, are tiered and will become lower as assets in the program increase. There are no Plan set-up fees. ATTACHMENTS: F.9 Packet Pg. 95 • Resolution for PARS Program (DOCX) • Agreement for Administrative Services (PDF) • City of Grand Terrace - PARS Presentation (PDF) APPROVALS: Terry Shea Completed 09/02/2022 10:11 AM Finance Completed 09/02/2022 11:16 AM City Manager Completed 09/02/2022 12:24 PM City Council Pending 09/13/2022 6:00 PM F.9 Packet Pg. 96 RESOLUTION NO. 2022-______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING THE ADOPTION OF THE PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST ADMINISTERED BY PUBLIC AGENCY RETIREMENTS SERVICES (PARS) Recitals WHEREAS, PARS has made available the PARS Public Agencies Post- Employment Benefits Trust (the “Program”) for the purpose of prefunding pension obligations; and WHEREAS, the City of Grand Terrace (“City”) is eligible to participate in the Program, a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the Regulations issued there under, and is a tax-exempt trust under relevant statutory provisions of the State of California; and WHEREAS, the City’s adoption and operation of the Program has no effect on any current or former employee’s entitlement to post-employment benefits; and WHEREAS, terms and conditions of post-employment benefit entitlement, if any, are governed by contracts separate from and independent of the Program; and WHEREAS, the City’s funding of the Program does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and WHEREAS, the City reserves the right to make contributions, if any, to the Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: 1. The City Council hereby adopts the PARS Public Agencies Post- Employment Benefits Trust, effective __________ 2022; and 2. The City Council hereby appoints the City Manager, or his/her successor of his/her designee as the City’s Plan Administrator for the Program; and F.9.a Packet Pg. 97 At t a c h m e n t : R e s o l u t i o n f o r P A R S P r o g r a m ( U n f u n d e d P e n s i o n L i a b i l i t y ) 3. The City’s Plan Administrator is hereby authorized to execute the PARS legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City’s participation in the Program and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City’s Program. 4. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of Grand Terrace hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 5. The City Clerk shall certify to the adoption of this Resolution. 6. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 13th day of September 2022. __________________________ Darcy McNaboe Mayor ATTEST: __________________________________ Debra Thomas City Clerk APPROVED AS TO FORM: __________________________________ Adrian R. Guerra City Attorney F.9.a Packet Pg. 98 At t a c h m e n t : R e s o l u t i o n f o r P A R S P r o g r a m ( U n f u n d e d P e n s i o n L i a b i l i t y ) F.9.b Packet Pg. 99 At t a c h m e n t : A g r e e m e n t f o r A d m i n i s t r a t i v e S e r v i c e s ( U n f u n d e d P e n s i o n L i a b i l i t y ) F.9.b Packet Pg. 100 At t a c h m e n t : A g r e e m e n t f o r A d m i n i s t r a t i v e S e r v i c e s ( U n f u n d e d P e n s i o n L i a b i l i t y ) F.9.b Packet Pg. 101 At t a c h m e n t : A g r e e m e n t f o r A d m i n i s t r a t i v e S e r v i c e s ( U n f u n d e d P e n s i o n L i a b i l i t y ) F.9.b Packet Pg. 102 At t a c h m e n t : A g r e e m e n t f o r A d m i n i s t r a t i v e S e r v i c e s ( U n f u n d e d P e n s i o n L i a b i l i t y ) F.9.b Packet Pg. 103 At t a c h m e n t : A g r e e m e n t f o r A d m i n i s t r a t i v e S e r v i c e s ( U n f u n d e d P e n s i o n L i a b i l i t y ) F.9.b Packet Pg. 104 At t a c h m e n t : A g r e e m e n t f o r A d m i n i s t r a t i v e S e r v i c e s ( U n f u n d e d P e n s i o n L i a b i l i t y ) F.9.b Packet Pg. 105 At t a c h m e n t : A g r e e m e n t f o r A d m i n i s t r a t i v e S e r v i c e s ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 1 City of Grand terrace PARS 115 Trust –OPEB Prefunding Program & Pension Rate Stabilization Program (PRSP) June 2022 F.9.c Packet Pg. 106 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 2 Contacts Rachael Sanders, CEBS Senior Manager, Consulting (800) 540-6369 x121 rsanders@pars.org F.9.c Packet Pg. 107 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 3 Pars 115 Trust Team Trust Administrator & Consultant 38 Years of Experience (1984-2022) 2,000+ Plans under Administration 1,000+ Public Agency Clients $6.7 B Assets under Administration Investment Manager •Investment sub-advisor to trustee U.S. Bank •Investment policy assistance •Uses open architecture •Active and passive platform options •Customized portfolios (with minimum asset level) 103 Years of Experience(1919-2022) $20.2 B Assets under Management & Advisement Trustee •5th largest commercial bank and one of the nation’s largest trustees for Section 115 trusts •Safeguard plan assets •Oversight protection as plan fiduciary •Custodian of assets 159 Years of Experience(1863-2022) $5.0 T Assets under Administration 490+ 115 Trust Clients •Serves as record-keeper, consultant, and central point of contact •Sub-trust accounting •Coordinates all agency services •Monitors plan compliance (IRS/GASB/State Government Code) •Processes contributions/disbursements •Hands-on, dedicated support teams 500 K+ Plan Participants F.9.c Packet Pg. 108 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 4 Subaccounts OPEB and Pension assets are individually sub-accounted, and can be divided by dept., bargaining group, or cost center Assets in the PARS Section 115 Combination Trust can be used to address unfunded liabilities. Financial Stability Allows separate investment strategies for OPEB and Pension subaccounts. Flexible Investing OPEB and Pension assets aggregate and reach lower fees on tiered schedule sooner – saving money! Economies-of-ScaleAnytime Access Trust funds are available anytime; OPEB for OPEB and Pension for Pension. No set-up costs, no minimum annual contribution amounts, and no fees until assets are added. No Set Up Cost or Minimums Retiree Medical Benefits Prefund OPEB GASB 75 OPEB Reimburse agency; or Pay benefits provider Pension Rate Stabilization Program Prefund Pension (PRSP)GASB 68 Pension Reimburse agency; or Pay retirement system Assets can be used to:Assets can be used to: prefundeither or both General Fund PARS IRS-Approved Section 115 Trust F.9.c Packet Pg. 109 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 5 115 Trust –Client list COUNTIES (34) Alpine Amador Calaveras Colusa Contra Costa Humboldt Imperial Inyo Kern Kings Lake Lassen Mariposa Mendocino Merced Mono Monterey Napa Nevada Placer Plumas Riverside San Benito San Joaquin Shasta Siskiyou Solano Sonoma Sutter Tehama Trinity Tulare Yolo Yuba CITIES & TOWNS (146) Updated June 2022 Alameda Alhambra Anaheim Angels Camp Atherton Atwater Bakersfield Beaumont Bell Gardens Benicia Beverly Hills Bishop Brea Brisbane Burlingame Camarillo Capitola Carmel Chino Hills Chula Vista Claremont Colma Commerce Corcoran Coronado Costa Mesa Covina Crescent City Cudahy Cupertino Cypress Daly City Dana Point Del Rey Oaks Dinuba Duarte Dublin El Cajon El Centro El Segundo Elk Grove Emeryville Escondido Fairfax Fairfield Fountain Valley Fullerton Galt Garden Grove Gilroy Glendale Goleta Grass Valley Half Moon Bay Hawthorne Healdsburg Hemet Hercules Hermosa Beach Huntington Beach Indian Wells Indio La Habra La Mesa La Quinta La Verne Laguna Niguel Lake Forest Lakewood Lemon Grove Livermore Lodi Los Alamitos Los Altos Hills Mammoth Lakes Manhattan Beach Merced Modesto Monrovia Morgan Hill Napa National City Norco Norwalk Novato Oakley Orinda Oroville Pacifica Palmdale Palo Alto Pasadena Patterson Perris Pico Rivera Piedmont Pinole Pittsburg Placentia Pleasant Hill Pleasanton Port Hueneme Rancho Cucamonga Redding Redwood City Rialto Richmond Rio Vista Riverside Rohnert Park Rolling Hills Rosemead Ross San Anselmo San Jacinto San Leandro San Ramon Santa Ana Santa Clara Santa Clarita Sausalito Selma Solana Beach Stanton Stockton Taft Temecula Temple City Thousand Oaks Tiburon Tustin Twentynine Palms Union City Upland Vallejo Villa Park Walnut West Covina West Sacramento Westminster Winters Woodland Woodside Yountville Yuba City Yucca Valley F.9.c Packet Pg. 110 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 6 115 Trust –Client list Agoura Hills/Calabasas Community Center Authority Alameda County Mosquito Abatement District Alpine Fire Protection District Beach Cities Health District Bighorn-Desert View Water Agency Bodega Bay Public Utilities District Calaveras County Water District California Joint Powers Insurance Authority California Joint Powers Risk Management Authority Central Contra Costa Sanitary District Central Contra Costa Transit Authority Coastline Regional Occupational Program Coastside Fire Protection District Conejo Recreation & Park District Contra Costa County EEs' Retirement Association Contra Costa Mosquito and Vector Control District Crestline Village Water District Delta Diablo Desert Recreation District East Bay Regional Park District East Contra Costa Fire Protection District East Orange County Water District Eastern Sierra Community Services District Eastern Sierra Transit Authority El Dorado Hills County Water (& Fire) District Fallbrook Public Utility District Fresno Irrigation District Fresno Metropolitan Flood Control District Glenn-Colusa Irrigation District Goleta Cemetery District Goleta West Sanitary District Great Basin Unified Air Pollution Control District Greater Vallejo Recreation District Hayward Area Recreation & Park District Hesperia Fire Protection District Housing Authority of the County of Butte Housing Authority of the County of Contra Costa Housing Authority of the County of San Bernardino Housing Authority of the County of Santa Cruz Humboldt Bay Fire Joint Powers Authority Humboldt Bay Municipal Water District Humboldt No. 1 Fire Protection District Menlo Park Fire Protection District Mesa Water District Metropolitan Transportation Commission Midpeninsula Regional Open Space District Mid-Peninsula Water District Mojave Desert Air Quality Management District Montecito Fire Protection District Monterey Bay Unified Air Pollution Control District Moraga-Orinda Fire Protection District Mosquito & Vector Mgmt Dist. of Santa Barbara Co. Mountains Recreation and Conservation Authority Municipal Pooling Authority Municipal Water District of Orange County Napa County Mosquito Abatement District Nevada County Consolidated Fire District North Central Fire Protection District Northern Salinas Valley Mosquito Abatement District Novato Sanitary District Orange County Fire Authority Orange County LAFCO Orange County Mosquito and Vector Control District Orange County Water District Orchard Dale Water District Public Agency Risk Sharing Authority of CA (PARSAC) Pebble Beach Community Services District Placentia Library District Placer County Air Pollution Control District Placer County Resource Conservation District Rancho Cucamonga Fire Protection District Rancho Murieta Community Services District Regional Housing Authority Rowland Water District Sacramento Area Flood Control Agency San Andreas Sanitary District San Elijo Joint Powers Authority San Mateo County Mosquito & Vector Control District Santa Barbara County Law Library Santa Cruz Regional 9-1-1 JPA Santa Fe Irrigation District Sewer Authority Mid-Coastside Shasta Valley Cemetery District South Coast Water District South Montebello Irrigation District South Orange County Wastewater Authority South Placer Fire Protection District Southern Marin Fire Protection District State Water Contractors Superior Court of CA, County of Imperial Superior Court of CA, County of Inyo Superior Court of CA, County of Kern Superior Court of CA, County of Marin Superior Court of CA, County of Merced Superior Court of CA, County of Orange Superior Court of CA, County of San Mateo Superior Court of CA, County of Shasta Superior Court of CA, County of Siskiyou Superior Court of CA, County of Sonoma Sweetwater Springs Water District Three Valleys Municipal Water District Twentynine Palms Water District Union Sanitary District Ventura Regional Sanitation District Walnut Valley Water District West Bay Sanitary District West County Wastewater District Western Riverside Council of Governments Yorba Linda Water District Zone 7 Water Agency SPECIAL DISTRICTS (110) Shasta County Office of Education Sonoma County Office of Education Intelecom EDUCATION DISTRICTS (3) Updated June 2022 F.9.c Packet Pg. 111 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 7 115 Trust –Client list SCHOOL DISTRICTS (57) Alisal Union School District Alta Loma School District Auburn Union School District Bass Lake Joint Union Elementary School District Bellflower Unified School District Beverly Hills Unified School District Brea Olinda Unified School District Calistoga Joint Unified School District Campbell Union High School District Compton Unified School District Corning Union Elementary School District Coronado Unified School District Cotati-Rohnert Park Unified School District El Dorado Union High School District El Monte Union High School District Folsom Cordova Unified School District Fontana Unified School District Fowler Unified School District Hermosa Beach City School District Hesperia Unified School District Hughes-Elizabeth Lakes Union E. School District John Swett Unified School District Lakeside Union School District (San Diego) Le Grand Union HSD Lemon Grove School District Lindsay Unified School District Madera Unified School District Manteca Unified School District Moreno Valley Unified School District Napa Valley Unified School District Natomas Unified School District Newport-Mesa Unified School District Ocean View School District (Ventura) Ontario-Montclair School District Orcutt Union School District Palmdale School District Palos Verdes Peninsula Unified School District Placer Union High School District Porterville Unified School District Poway Unified School District Red Bluff Joint Union High School District Red Bluff Union Elementary School District River Delta Unified School District Riverdale Joint Unified School District Roseville Joint Union High School District San Bruno Park School District San Dieguito Union High School District San Marino Unified School District Santa Barbara Unified School District Santa Rita Union School District Taft Union HSD Trona Joint Unified School District Upland USD Visalia Unified School District Westside Union School District Whittier City School District Wilsona School District Allan Hancock CCD Citrus CCD Coast CCD Grossmont-Cuyamaca CCD Hartnell CCD Imperial CCD Marin CCD Palo Verde CCD Pasadena Area CCD Rancho Santiago CCD Rio Hondo CCD San Bernardino CCD San Luis Obispo County CCD (Cuesta) Shasta-Trinity-Tehama Joint CCD State Center CCD Victor Valley CCD West Valley-Mission CCD Yosemite CCD Yuba CCD COMMUNITY COLLEGE DISTRICTS (19) Updated June 2022 F.9.c Packet Pg. 112 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 8 PARS Other post-employment benefits Program for prefunding retiree medical obligations The F.9.c Packet Pg. 113 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 9 OPEB Actuarial Results Data from 2020 ACFRMeasurement Date: June 30, 2020 Pay-as-you-Go Discount Rate: 2.45%Percent Change Prefunding Discount Rate: 5.45% Total OPEB Liability (TOL)$1,700,064 30-36%▼? Fiduciary Net Position $0 --$0 Net OPEB Liability (NOL)$1,700,064 30-36%▼? Service Costfor FY 2019-20 $110,779 --? Annual Benefit Payments (Pay-as-you-Go) for FY 2019-20 $46,213 --$46,213 Rule of thumb:For every one percent increase in the discount rate, the unfunded liability is lowered by 10-12%. F.9.c Packet Pg. 114 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 10 •Greater expected rate of return (discount rate) which lowers your liabilities •Contributions into trust are “assets” that offset liabilities on financial statements •GASB 68 –Pension liabilities listed as line item on Balance Sheet in 2015 GASB 75 –OPEB liabilities listed as line item on Balance sheet in 2018 •GFOA recommends prefunding OPEB and considers it “best practice” (January 2012) •Credit rating companies look more favorably on agencies who adopt an Irrevocable Trust and prefund —At least 4 agencies have improved credit rating —Higher credit rating means lower borrowing costs •OPEB assets are accessible for OPEB expenses at any time •Prefunding has no downside other than market fluctuation (similar to pension) Why prefund OPEB Obligations? F.9.c Packet Pg. 115 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 11 PARS Pension Rate Stabilization Program for prefunding pension obligations The F.9.c Packet Pg. 116 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 12 •Since 2015, GASB 68 has required disclosing Net Pension Liability on financial statements as a line item on the balance sheet •Before the concept of pension prefunding, the only way to reduce retirement system unfunded liabilities was to send additional contributions in excess of annual required employer contributions •Pension trust prefunding assets can be transferred to the retirement system at the Agency’s direction, which can help offset future rate increases (i.e., pension rate stabilization). Background –Pension CalPERS Changes CalPERS has announced changes directly affecting unfunded liability amounts and employer contributions: Lowering of Discount Rate 1 CalPERS is lowering the discount rate from 7.0% to 6.8%. The impact will be reflected in the June 30, 2021 valuation reports. Shortened Amortization Period 2 New actuarial liabilities are amortized over 20 years instead of 30, increasing required annual employer contribution amounts* 7.0% 6.8% 30 years 20 years 2 5-year ramp up in payments beginning FY 15-16 with full impact in FY 19/20. 1 Contributions from policy changes beginning FY 23-24. F.9.c Packet Pg. 117 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 13 Combined Miscellaneous Groups * Valuation as of June 30, 2019 Valuation as of June 30, 2020 Change Actuarial Liability $17.5 M $18.2 M 4.2%↑ Assets $12.1 M $12.6 M 3.8%↑ Unfunded Liability $5.4 M $5.6 M 5.2%↑ Funded Ratio 69.3%69.0%0.4%↓ Employer Contribution Amount $603,466 $667,684 10.6%↑(FY 20-21)(FY 21-22) Employer Contribution Amount –Projected *---$635,300 4.9%↓(FY 27-28) Pension Funding Status As of June 30, 2020, City of Grand Terrace’s CalPERS pension plan is funded as follows: * Data through 2027-28 from Agency’s latest CalPERS actuarial valuation. F.9.c Packet Pg. 118 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 14 Why Prefund Pension Obligations? Complete Local Control over Assets City has complete control over assets, including contributions, disbursements and the timing, amount, and risk tolerance level of investments 1. Pension Rate Stabilization Assets can be transferred to the retirement system at the City’s direction, potentially reducing/eliminating large fluctuations in employer contribution amounts 2. Rainy Day Fund Emergency source of funds when employer revenues are strained in difficult budgetary or economic times 3. Diversification Allows for investment flexibility and offers the potential for assets to earn greater returns than the general fund; spread the risk vs. sending additional money to CalPERS 4. F.9.c Packet Pg. 119 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 15 •Agency maintains oversight of the investment manager and the portfolio’s risk tolerance level •Investment restrictions that apply to the general fund (CA Government Code 53601) are not applicable to assets held in The PARS Section 115 Irrevocable Trust •Assets held in The PARS Section 115 Irrevocable Trust can be invested per Government Code Sections 53216 (Pension) and 53620 (OPEB) •Investments can be diversified and invested in a prudent fashion •Investments can be tailored to the Agency’s unique demographics and needs •Increased risk diversification Investment Flexibility Diversified Investing Assets held in The PARS Section 115 Irrevocable Trust can be diversely invested in a prudent fashion per Government Code Sections 53216 (Pension) and 53620 (OPEB). GOV §53216 (Pension) GOV §53620 (OPEB) F.9.c Packet Pg. 120 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 16 1. Input Phase –Target discount rate –Risk tolerance –Investment philosophy –Asset allocation –Timing on use of funds 2. Model Portfolios 3. Dedicated Portfolio Manager –Makes recommendation –Fiduciary responsibility –Drafts investment policy –Annual on-site reviews –Cell phone access Strategy Equity Capital Appreciation 65-85% Balanced 50-70% Moderate 40-60% Moderately Conservative 20-40% Conservative 5-20% Simple Investment Approach F.9.c Packet Pg. 121 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 17 Strategy Equity (%)1 Year 3 Years 5 Years 10 Years Capital Appreciation 65-85%4.22%11.34%9.99%9.19% Balanced 50-70%2.49%9.69%8.73%7.94% Moderate 40-60%1.50%8.42%7.64%6.99% Moderately Conservative 20-40%-0.56%5.80%5.48%5.16% Conservative 5-20%-2.02%3.88%3.92%3.79% HighMark Capital Management ACTIVE PORTFOLIO RETURNS * Past performance does not guarantee future results. As of March 31, 2022 F.9.c Packet Pg. 122 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 18 Strategy Allocation* (%) Capital Appreciation (65-85%Equity)7.01% Balanced (50-70% Equity)27.10% Moderate (40-60% Equity)38.79% Mod. Conservative (20-40% Equity)15.89% Conservative (5-20% Equity)1.87% Other (Custom)9.35% TOTAL 100.00% OPEB Strategy Allocation –Clients HIGHMARK CAPITAL MANAGEMENT Active Platform: 58% / Passive Platform: 42% Capital Appreciation 7.01% Balanced 27.10% Moderate 38.79% Moderately Conservative 15.89% Conservative 1.87% Other 9.35% As of March 31, 2022 *Allocations are based on agencies who have funded F.9.c Packet Pg. 123 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 19 Strategy Allocation* (%) Capital Appreciation (65-85%Equity)6.39% Balanced (50-70% Equity)10.05% Moderate (40-60% Equity)37.90% Mod. Conservative (20-40% Equity)34.25% Conservative (5-20% Equity)4.57% Other (Custom)6.85% TOTAL 100.00% PRSP Strategy Allocation –Clients HIGHMARK CAPITAL MANAGEMENT Capital Appreciation 6.39% Balanced 10.05% Moderate 37.90% Moderately Conservative 34.25% Conservative 4.57% Other 6.85% Active Platform: 52% / Passive Platform: 48% As of March 31, 2022 *Allocations are based on agencies who have funded F.9.c Packet Pg. 124 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 20 Plan Set-Up Fee:Ongoing Fees: None 0.35%for assets under $5 million 0.25%for assets $5-10 million 0.20%for assets $10-15 million 0.15%for assets $15-50 million 0.10%for assets over $50 million Program Fees Plan Set-Up Fee:Ongoing Fees: None 0.25%for assets $0-10 million 0.20%for assets $10-15 million 0.15%for assets $15-50 million 0.10%for assets over $50 million *PARS does not receive any compensation from the investments or any commissions, back-end loads, or any other forms of compensation. **Subject to change due to rebalancing, as fees are waived for plan assets in First American Funds (money market) Trust Administration/Consulting Fees* Discretionary Trustee/Investment Management Fees** As of March 31, 2022 F.9.c Packet Pg. 125 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 21 Sample Funding Policies 1.Contribute 50% of a given year’s realized year end surplus to address pension liability 2.Contribute full amount of annual PERS employer cont., allowing anytime access to trust assets 3.Contribute funds to stabilize PERS employer Misc. and Safety rates through FY 23-24 4.“One equals five plan” -$1M contribution for 5 years will save taxpayers $5M over 25 years 5.Contribute Employer contribution equal to the 2.8% discount rate, with difference going into the Section 115 Trust 6.Contribute the annual savings realized from Reduction in UAL payment resulting from Pension Obligation Bonds issuance 7.Earmark a portion of a local sales tax to be set aside for unfunded pension liabilities 8.Use ongoing savings from prepaying CalPERS unfunded liability vs. higher monthly payments 9.Use one-time revenue source and lower the minimum General Fund Reserve level (30%20%) Alameda/Solana Beach City of Brea City of Healdsburg City of Huntington Beach City of Sausalito City of Placentia City of Fountain Valley City of Pasadena City of Glendale F.9.c Packet Pg. 126 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) City of grand terrace 22 Steps to Implementation 1 City Council adopts resolution authorizing City to join PARS Combo Trust and appoints Plan Administrator (PA) 2 City sends signed copy of resolution to PARS 3 PARS sends set of signature-ready documents to City 4 PARS coordinates meeting with City and Highmark Capital Management to discuss investment options and select strategy 5 City signs documents and returns to PARS 6 PARS works with Trustee/U.S. Bank to establish account 7 PARS notifies City account is ready and includes Contribution Instructions 8 City makes Contribution using Transmittal Form 9 PARS and Highmark conduct annual reviews (unless more frequently desired) F.9.c Packet Pg. 127 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) HighMark Plus Composite (Active) Current Quarter* -5.24% Blended Benchmark*,** -4.65% Year To Date* -5.24% Blended Benchmark*,** -4.65% 1 Year -2.02% Blended Benchmark** -1.78% 3 Year 3.88% Blended Benchmark** 3.62% 5 Year 3.92% Blended Benchmark** 3.61% 10 Year 3.79% Blended Benchmark** 3.44% PARS DIVERSIFIED PORTFOLIOS CONSERVATIVE INVESTMENT OBJECTIVE ANNUAL RETURNS ASSET ALLOCATION — CONSERVATIVE PORTFOLIO Comprehensive Investment Solution HighMark® Capital Management, Inc.’s (HighMark) diversified investment portfolios are designed to balance return expectations with risk tolerance. Key features include: sophisticated asset allocation and optimization techniques, four layers of diversification (asset class, style, manager, and security), access to rigorously screened, top tier money managers, flexible investment options, and experienced investment management. Rigorous Manager Due Diligence Our manager review committee utilizes a rigorous screening process that searches for investment managers and styles that have not only produced above-average returns within acceptable risk parameters, but have the resources and commitment to continue to deliver these results. We have set high standards for our investment managers and funds. This is a highly specialized, time consuming approach dedicated to one goal: competitive and consistent performance. Flexible Investment Options In order to meet the unique needs of our clients, we offer access to flexible implementation strategies: HighMark Plus utilizes actively managed mutual funds while Index Plus utilizes index-based securities, including exchange-traded funds. Both investment options leverage HighMark’s active asset allocation approach. Risk Management The portfolio is constructed to control risk through four layers of diversification – asset classes (cash, fixed income, equity), investment styles (large cap, small cap, international, value, growth), managers and securities. Disciplined mutual fund selection and monitoring process helps to drive return potential while reducing portfolio risk. WHY THE PARS DIVERSIFIED CONSERVATIVE PORTFOLIO? Q1 2022 * Returns less than one year are not annualized. **Breakdown for Blended Benchmark: From 10/1/2012 - Present: 7.5% S&P500, 1.5% Russell Mid Cap, 2.5% Russell 2000, 1% MSCI EM (net), 2% MSCI EAFE (net), 52.25% Bloomberg US Agg, 25.75% ICE BofA 1-3 Yr US Corp/Gov’t, 2% ICE BofA US High Yield Master II, 0.5% Wilshire REIT, and 5% FTSE 1 Mth US T-Bill. From 4/1/2007 – 9/30/2012, the blended benchmark was 12% S&P 500; 1% Russell 2000, 2% MSCI EAFE (net), 40% ICE BofA 1-3 Year Corp./Govt, 40% Bloomberg US Agg, 5% FTSE 1 Mth US T-Bill. Prior to April 2007: the blended benchmark was 15% S&P 500, 40% ICE BofA 1-3Yr Corp/Gov, 40% Bloomberg US Agg, and 5% FTSE 1 Mth US T-Bill. To provide a consistent level of inflation-protected income over the long-term. The major portion of the assets will be fixed income related. Equity securities are utilized to provide inflation protection. Conservative Moderately Conservative Moderate BalancedCapital Appreciation Efficient Frontier Risk (Standard Deviation) Re w a r d ( R a t e o f R e t u r n ) Strategic Range Policy Tactical Equity 5 – 20% 15% 15% Fixed Income 60 – 95% 80% 83% Cash 0 – 20% 5% 2% ANNUALIZED TOTAL RETURNS (Gross of Investment Management Fees, but Net of Embedded Fund Fees) Index Plus Composite (Passive) Current Quarter* -5.36% Blended Benchmark*,** -4.65% Year To Date* -5.36% Blended Benchmark*,** -4.65% 1 Year -2.34% Blended Benchmark** -1.78% 3 Year 3.50% Blended Benchmark** 3.62% 5 Year 3.54% Blended Benchmark** 3.61% 10 Year 3.41% Blended Benchmark** 3.44% PORTFOLIO FACTS HighMark Plus (Active) Composite Inception Date 07/2004 No of Holdings in Portfolio 20 Index Plus (Passive) Composite Inception Date 07/2004 No of Holdings in Portfolio 13 (Gross of Investment Management Fees, but Net of Embedded Fund Fees) HighMark Plus Composite (Active) 2008 -9.04% 2009 15.59% 2010 8.68% 2011 2.19% 2012 8.45% 2013 3.69% 2014 3.88% 2015 0.29% 2016 4.18% 2017 6.73% 2018 -1.35% 2019 11.05% 2020 9.03% 2021 2.20% Index Plus Composite (Passive) 2008 -6.70% 2009 10.49% 2010 7.67% 2011 3.70% 2012 6.22% 2013 3.40% 2014 4.32% 2015 0.06% 2016 3.75% 2017 5.52% 2018 -1.09% 2019 10.37% 2020 8.56% 2021 1.97% F.9.c Packet Pg. 128 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) HIGHMARK CAPITAL MANAGEMENT 350 California Street Suite 1600 San Francisco, CA 94104 800-582-4734 ABOUT THE ADVISER HighMark®Capital Management, Inc. (HighMark) has over 100 years (including predecessor organizations) of institutional money management experience with $9.4 billion in assets under management and $9.6 billion in assets under advisement*. HighMark has a long term disciplined approach to money management and currently manages assets for a wide array of clients. ABOUT THE PORTFOLIO MANAGEMENT TEAM Andrew Brown, CFA® Senior Portfolio Manager Investment Experience: since 1994 HighMark Tenure: since 1997 Education: MBA, University of Southern California; BA, University of Southern California Salvatore “Tory” Milazzo III, CFA® Senior Portfolio Manager Investment Experience: since 2004 HighMark Tenure: since 2014 Education: BA, Colgate University J. Keith Stribling, CFA ® Senior Portfolio Manager Investment Experience: since 1985 HighMark Tenure: since 1995 Education: BA, Stetson University Christiane Tsuda Senior Portfolio Manager Investment Experience: since 1987 HighMark Tenure: since 2010 Education: BA, International Christian University, Tokyo Anne Wimmer, CFA® Senior Portfolio Manager Investment Experience: since 1987 HighMark Tenure: since 2007 Education: BA, University of California, Santa Barbara Randy Yurchak, CFA® Senior Portfolio Manager Investment Experience: since 2002 HighMark Tenure: since 2017 Education: MBA, Arizona State University; BS, University of Washington Asset Allocation Committee Number of Members: 17 Average Years of Experience: 27 Average Tenure (Years): 15 Manager Review Group Number of Members: 7 Average Years of Experience: 22 Average Tenure (Years): 10 *Assets under management (“AUM”) include assets for which HighMark provides continuous and regular supervisory and management services. Assets under advisement (“AUA”) include assets for which HighMark provides certain investment advisory services (including, but not limited to, investment research and strategies) for client assets of its parent company, MUFG Union Bank, N.A. The performance records shown represent size-weighted composites of tax exempt accounts that meet the following criteria: Accounts are managed by HighMark with full investment authority according to the PARS Conservative active and passive objectives. The adviser to the PARS portfolios is US Bank, and HighMark serves as sub-adviser to US Bank to manage these portfolios. US Bank may charge clients as much as 0.60% annual management fee based on a sliding scale. US Bank pays HighMark 60% of the annual management fee for assets sub-advised by HighMark under its sub-advisory agreement with US Bank. The 0.36% paid to HighMark, as well as other expenses that may be incurred in the management of the portfolio, will reduce the portfolio’s returns. Assuming an investment for five years, a 5% annual total return, and an annual sub-advisory fee rate of 0.36% deducted from the assets at market at the end of each year, a $10 million initial value would grow to $12.53 millionafter fees (Net-of-Fees) and $12.76 million before fees (Gross-of-Fees). Gross returns are presented before management and custodial fees but after all trading expenses and reflect the reinvestment of dividends and other income. A client's return will be reduced by the advisory fees and other expenses it may incur as a client. Additional information regarding the firm’spolicies and procedures for calculating and reporting performance results is available upon request. Performance results are calculated and presented in U.S. dollars and do not reflect the deduction of investment advisory fees, custody fees, or taxesbut do reflect the deduction of trading expenses. Returns are calculated based on trade-date accounting. Blended benchmarks represent HighMark’s strategic allocations between equity, fixed income, and cash and are rebalanced monthly. Benchmark returns do not reflect the deduction of advisory fees or other expenses of investing but assumes the reinvestment of dividends and other earnings. An investor cannot invest directly in an index. The unmanaged S&P 500 Index is representative of the performance of large companies in the U.S. stock market. The MSCI EAFE Index is a free float-adjusted market capitalization index designed to measure developed market equity performance, excluding the U.S. and Canada. The MSCI Emerging Markets Index is a free float-adjusted market capitalization index that is designed to measure equity market performance in the global emerging markets. The Russell Midcap Index measures the performance of the mid-cap segment of the U.S. equity universe. The Russell 2000 Index measures the performance of the small-cap segment of the U.S. equity universe. The ICE BofA U.S. High Yield Master II Index tracks the performance of below investment grade U.S. dollar-denominated corporate bonds publicly issued in the U.S. domestic market. Wilshire REIT index measures U.S. publicly traded Real Estate Investment Trusts. The unmanaged Bloomberg U.S. Aggregate Bond Index is generally representative of the U.S. taxable bond market as a whole. The ICE BofA 1-3 Year U.S. Corporate & Government Index tracks the bond performance of the ICE BofA U.S. Corporate & Government Index, with a remaining term to final maturity less than 3 years. The unmanaged FTSE 1-Month U.S. Treasury Bill Index tracks the yield of the 1-month U.S. Treasury Bill. HighMark Capital Management, Inc. (HighMark), an SEC-registered investment adviser, is a wholly owned subsidiary of MUFG Union Bank, N.A. (MUB). HighMark manages institutional separate account portfolios for a wide variety of for-profit and nonprofit organizations, public agencies, and public and private retirement plans. MUB, a subsidiary of MUFG Americas Holdings Corporation, provides certain services to HighMark and is compensated for these services. Past performance does not guarantee future results. Individual account management and construction will vary depending on each client’s investment needs and objectives. Investments employing HighMark strategies are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal. 350 California Street Suite 1600 San Francisco, CA 94104 800.582.4734 www.highmarkcapital.com HOLDINGS STYLE Small Cap2.5% Interm-Term Bond 63.9% High Yield 1.1% Short-Term Bond18.2% Large Cap Core 4.3% Large Cap Growth 1.6% Mid Cap1.5% Intl Stocks2.5%Cash2.1%Large Cap Value1.8%Real Estate0.5% Holdings are subject to change at the discretion of the investment manager. HighMark Plus (Active)Index Plus (Passive) Columbia Contrarian Core I3 iShares Core S&P 500 ETF Vanguard Growth & Income Adm iShares S&P 500 Value ETF Dodge & Cox Stock Fund iShares S&P 500 Growth ETF iShares S&P 500 Value ETF iShares Russell Mid-Cap ETF Harbor Capital Appreciation - Retirement Vanguard Real Estate ETF T. Rowe Price Growth Stock - I iShares Russell 2000 Value ETF iShares Russell Mid-Cap ETF iShares Russell 2000 Growth ETF Vanguard Real Estate ETF iShares Core MSCI EAFE ETF Undiscovered Managers Behavioral Value-R6 Vanguard FTSE Emerging Markets ETF Vanguard Small Cap Growth ETF Vanguard Short-Term Invest-Grade Adm DFA Large Cap International Portfolio iShares Core U.S. Aggregate Dodge & Cox International Stock Vanguard High-Yield Corp Adm MFS International Growth - R6 First American Government Obligations Z Hartford Schroders Emerging Markets Eq Vanguard Short-Term Invest-Grade Adm PIMCO High Yield Instl PIMCO Total Return Fund - Inst PGIM Total Return Bond - R6 DoubleLine Core Fixed Income - I First American Government Obligations Z F.9.c Packet Pg. 129 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) PARS DIVERSIFIED PORTFOLIOS MODERATELY CONSERVATIVE INVESTMENT OBJECTIVE ANNUAL RETURNS ASSET ALLOCATION — MODERATELY CONSERVATIVE PORTFOLIO Comprehensive Investment Solution HighMark® Capital Management, Inc.’s (HighMark) diversified investment portfolios are designed to balance return expectations with risk tolerance. Key features include: sophisticated asset allocation and optimization techniques, four layers of diversification (asset class, style, manager, and security), access to rigorously screened, top tier money managers, flexible investment options, and experienced investment management. Rigorous Manager Due Diligence Our manager review committee utilizes a rigorous screening process that searches for investment managers and styles that have not only produced above-average returns within acceptable risk parameters, but have the resources and commitment to continue to deliver these results. We have set high standards for our investment managers and funds. This is a highly specialized, time consuming approach dedicated to one goal: competitive and consistent performance. Flexible Investment Options In order to meet the unique needs of our clients, we offer access to flexible implementation strategies: HighMark Plus utilizes actively managed mutual funds while Index Plus utilizes index-based securities, including exchange-traded funds. Both investment options leverage HighMark’s active asset allocation approach. Risk Management The portfolio is constructed to control risk through four layers of diversification – asset classes (cash, fixed income, equity), investment styles (large cap, small cap, international, value, growth), managers and securities. Disciplined mutual fund selection and monitoring process helps to drive return potential while reducing portfolio risk. WHY THE PARS DIVERSIFIED MODERATELY CONSERVATIVE PORTFOLIO? Q1 2022 * Returns less than one year are not annualized. **Breakdown for Blended Benchmark: From 10/1/2012 - Present: 15.5% S&P500, 3% Russell Mid Cap, 4.5% Russell 2000, 2% MSCI EM (net), 4% MSCI EAFE (net), 49.25% Bloomberg US Agg, 14% ICE BofA 1-3 Yr US Corp/Gov’t, 1.75% ICE BofA US High Yield Master II, 1% Wilshire REIT, and 5% FTSE 1 Mth US T-Bill. From 4/1/2007 -9/30/2012: the blended benchmark was 25% S&P 500; 1.5% Russell 2000, 3.5% MSCI EAFE (net), 25% ICE BofA 1-3 Year Corp./Govt, 40% Bloomberg US Agg, 5% FTSE 1 Mth US T-Bill. Prior to April 2007, the blended benchmark was 30% S&P 500, 25% ICE BofA 1-3Yr Corp/Gov, 40% Bloomberg US Agg, and 5% FTSE 1 Mth US T-Bill. To provide current income, with capital appreciation as a secondary objective. The major portion of the assets is committed to income-producing securities. Market fluctuations should be expected. Strategic Range Policy Tactical Equity 20 - 40% 30% 29% Fixed Income 50 - 80% 65% 68% Cash 0 - 20% 5% 3% ANNUALIZED TOTAL RETURNS (Gross of Investment Management Fees, but Net of Embedded Fund Fees) HighMark Plus Composite (Active) Current Quarter* -5.15% Blended Benchmark*,** -4.96% Year To Date* -5.15% Blended Benchmark*,** -4.96% 1 Year -0.56% Blended Benchmark** -0.08% 3 Year 5.80% Blended Benchmark** 5.76% 5 Year 5.48% Blended Benchmark** 5.36% 10 Year 5.16% Blended Benchmark** 5.09% Index Plus Composite (Passive) Current Quarter* -5.36% Blended Benchmark*,** -4.96% Year To Date* -5.36% Blended Benchmark*,** -4.96% 1 Year -0.55% Blended Benchmark** -0.08% 3 Year 5.43% Blended Benchmark** 5.76% 5 Year 5.12% Blended Benchmark** 5.36% 10 Year 4.89% Blended Benchmark** 5.09% PORTFOLIO FACTS HighMark Plus (Active) Composite Inception Date 08/2004 No of Holdings in Portfolio 20 Index Plus (Passive) Composite Inception Date 05/2005 No of Holdings in Portfolio 13 Efficient Frontier Risk (Standard Deviation) Re w a r d ( R a t e o f R e t u r n ) Conservative Moderately Conservative Moderate Capital AppreciationBalanced (Gross of Investment Management Fees, but Net of Embedded Fund Fees) HighMark Plus Composite (Active) 2008 -15.37% 2009 18.71% 2010 10.46% 2011 1.75% 2012 10.88% 2013 7.30% 2014 4.41% 2015 0.32% 2016 4.94% 2017 9.56% 2018 -2.60% 2019 13.73% 2020 10.76% 2021 5.15% Index Plus Composite (Passive) 2008 -12.40% 2009 11.92% 2010 9.72% 2011 3.24% 2012 8.24% 2013 6.78% 2014 5.40% 2015 -0.18% 2016 5.42% 2017 8.08% 2018 -2.33% 2019 13.53% 2020 9.74% 2021 5.33% F.9.c Packet Pg. 130 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) HIGHMARK CAPITAL MANAGEMENT 350 California Street Suite 1600 San Francisco, CA 94104 800-582-4734 ABOUT THE ADVISER HighMark®Capital Management, Inc. (HighMark) has over 100 years (including predecessor organizations) of institutional money management experience with $9.4 billion in assets under management and $9.6 billion in assets under advisement*. HighMark has a long term disciplined approach to money management and currently manages assets for a wide array of clients. ABOUT THE PORTFOLIO MANAGEMENT TEAM Andrew Brown, CFA® Senior Portfolio Manager Investment Experience: since 1994 HighMark Tenure: since 1997 Education: MBA, University of Southern California; BA, University of Southern California Salvatore “Tory” Milazzo III, CFA® Senior Portfolio Manager Investment Experience: since 2004 HighMark Tenure: since 2014 Education: BA, Colgate University J. Keith Stribling, CFA® Senior Portfolio Manager Investment Experience: since 1985 HighMark Tenure: since 1995 Education: BA, Stetson University Christiane Tsuda Senior Portfolio Manager Investment Experience: since 1987 HighMark Tenure: since 2010 Education: BA, International Christian University, Tokyo Anne Wimmer, CFA® Senior Portfolio Manager Investment Experience: since 1987 HighMark Tenure: since 2007 Education: BA, University of California, Santa Barbara Randy Yurchak, CFA® Senior Portfolio Manager Investment Experience: since 2002 HighMark Tenure: since 2017 Education: MBA, Arizona State University; BS, University of Washington Asset Allocation Committee Number of Members: 17 Average Years of Experience: 27 Average Tenure (Years): 15 Manager Review Group Number of Members: 7 Average Years of Experience: 22 Average Tenure (Years): 10 *Assets under management (“AUM”) include assets for which HighMark provides continuous and regular supervisory and management services. Assets under advisement (“AUA”) include assets for which HighMark provides certain investment advisory services (including, but not limited to, investment research and strategies) for client assets of its parent company, MUFG Union Bank, N.A. The performance records shown represent a size-weighted composite of tax exempt accounts that meet the following criteria: Accounts are managed by HighMark with full investment authority according to the PARS Moderately Conservative active and passive objectives. The adviser to the PARS portfolios is US Bank, and HighMark serves as sub-adviser to US Bank to manage these portfolios. US Bank may charge clients as much as 0.60% annual management fee based on a sliding scale. US Bank pays HighMark 60% of the annual management fee for assets sub-advised by HighMark under its sub-advisory agreement with US Bank. The 0.36% paid to HighMark, as well as other expenses that may be incurred in the management of the portfolio, will reduce the portfolio’s returns. Assuming an investment for five years, a 5% annual total return, and an annual sub-advisory fee rate of 0.36% deducted from the assets at market at the end of each year, a $10 million initial value would grow to $12.53 million after fees (Net-of-Fees) and $12.76 million before fees (Gross-of-Fees). Gross returns are presented before management and custodial fees but after all trading expenses and reflect the reinvestment of dividends and other income. A client's return will be reduced by the advisory fees and other expenses it may incur as a client. Additional information regarding the firm’s policies and procedures for calculating and reporting performance results is available upon request. Performance results are calculated and presented in U.S. dollars and do not reflect the deduction of investment advisory fees, custody fees, or taxes but do reflect the deduction of trading expenses. Returns are calculated based on trade-date accounting. Blended benchmarks represent HighMark’s strategic allocations between equity, fixed income, and cash and are rebalanced monthly. Benchmark returns do not reflect the deduction of advisory fees or other expenses of investing but assumes the reinvestment of dividends and other earnings. An investor cannot invest directly in an index. The unmanaged S&P 500 Index is representative of the performance of large companies in the U.S. stock market. The MSCI EAFE Index is a free float-adjusted market capitalization index designed to measure developed market equity performance, excluding the U.S. and Canada. The MSCI Emerging Markets Index is a free float-adjusted market capitalization index that is designed to measure equity market performance in the global emerging markets. The Russell Midcap Index measures the performance of the mid-cap segment of the U.S. equity universe. The Russell 2000 Index measures the performance of the small-cap segment of the U.S. equity universe. The ICE BofA U.S. High Yield Master II Index tracks the performance of below investment grade U.S. dollar-denominated corporate bonds publicly issued in the U.S. domestic market. Wilshire REIT index measures U.S. publicly traded Real Estate Investment Trusts. The unmanaged Bloomberg U.S. Aggregate Bond Index is generally representative of the U.S. taxable bond market as a whole. The ICE BofA 1-3 Year U.S. Corporate & Government Index tracks the bond performance of the ICE BofA U.S. Corporate & Government Index, with a remaining term to final maturity less than 3 years. The unmanaged FTSE 1-Month U.S. Treasury Bill Index tracks the yield of the 1-month U.S. Treasury Bill. HighMark Capital Management, Inc. (HighMark), an SEC-registered investment adviser, is a wholly owned subsidiary of MUFG Union Bank, N.A. (MUB). HighMark manages institutional separate account portfolios for a wide variety of for-profit and nonprofit organizations, public agencies, and public and private retirement plans. MUB, a subsidiary of MUFG Americas Holdings Corporation, provides certain services to HighMark and is compensated for these services. Past performance does not guarantee future results. Individual account management and construction will vary depending on each client’s investment needs and objectives. Investments employing HighMark strategies are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal. 350 California Street Suite 1600 San Francisco, CA 94104 800.582.4734 www.highmarkcapital.com HOLDINGS STYLE Small Cap 4.5% Interm-Term Bond 53.2% High Yield 1.0% Short-Term Bond13.3% Large Cap Core8.4% Large Cap Growth 3.3% Mid Cap 3.0% Intl Stocks 5.2% Cash 3.3% Large Cap Value 3.8%Real Estate 1.1% Holdings are subject to change at the discretion of the investment manager. HighMark Plus (Active)Index Plus (Passive) Columbia Contrarian Core I3 iShares Core S&P 500 ETF Vanguard Growth & Income Adm iShares S&P 500 Value ETF Dodge & Cox Stock Fund iShares S&P 500 Growth ETF iShares S&P 500 Value ETF iShares Russell Mid-Cap ETF Harbor Capital Appreciation - Retirement Vanguard Real Estate ETF T. Rowe Price Growth Stock - I iShares Russell 2000 Value ETF iShares Russell Mid-Cap ETF iShares Russell 2000 Growth ETF Vanguard Real Estate ETF iShares Core MSCI EAFE ETF Undiscovered Managers Behavioral Value-R6 Vanguard FTSE Emerging Markets ETF Vanguard Small Cap Growth ETF Vanguard Short-Term Invest-Grade Adm DFA Large Cap International Portfolio iShares Core U.S. Aggregate Dodge & Cox International Stock Vanguard High-Yield Corp Adm MFS International Growth - R6 First American Government Obligations Z Hartford Schroders Emerging Markets Eq Vanguard Short-Term Invest-Grade Adm PIMCO High Yield Instl PIMCO Total Return Fund - Inst PGIM Total Return Bond - R6 DoubleLine Core Fixed Income - I First American Government Obligations Z F.9.c Packet Pg. 131 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) PARS DIVERSIFIED PORTFOLIOS MODERATE INVESTMENT OBJECTIVE ANNUAL RETURNS ASSET ALLOCATION — MODERATE PORTFOLIO Comprehensive Investment Solution HighMark® Capital Management, Inc.’s (HighMark) diversified investment portfolios are designed to balance return expectations with risk tolerance. Key features include: sophisticated asset allocation and optimization techniques, four layers of diversification (asset class, style, manager, and security), access to rigorously screened, top tier money managers, flexible investment options, and experienced investment management. Rigorous Manager Due Diligence Our manager review committee utilizes a rigorous screening process that searches for investment managers and styles that have not only produced above-average returns within acceptable risk parameters, but have the resources and commitment to continue to deliver these results. We have set high standards for our investment managers and funds. This is a highly specialized, time consuming approach dedicated to one goal: competitive and consistent performance. Flexible Investment Options In order to meet the unique needs of our clients, we offer access to flexible implementation strategies: HighMark Plus utilizes actively managed mutual funds while Index Plus utilizes index-based securities, including exchange-traded funds. Both investment options leverage HighMark’s active asset allocation approach. Risk Management The portfolio is constructed to control risk through four layers of diversification – asset classes (cash, fixed income, equity), investment styles (large cap, small cap, international, value, growth), managers and securities. Disciplined mutual fund selection and monitoring process helps to drive return potential while reducing portfolio risk. WHY THE PARS DIVERSIFIED MODERATE PORTFOLIO? Q1 2022 * Returns less than one year are not annualized. **Breakdown for Blended Benchmark: From 10/1/2012 – Present: 26.5% S&P500, 5% Russell Mid Cap, 7.5% Russell 2000, 3.25% MSCI EM (net), 6% MSCI EAFE (net), 33.50% Bloomberg US Agg, 10% ICE BofA1-3 Yr US Corp/Gov’t, 1.50% ICE BofA US High Yield Master II, 1.75% Wilshire REIT, and 5% FTSE 1 Mth US T-Bill. From 4/1/2007 – 9/30/2012: the blended benchmark was 43% S&P 500; 2% Russell 2000, 5% MSCI EAFE (net), 15% ICE BofA 1-3 Year Corp./Govt, 30% Bloomberg US Agg, 5% FTSE 1 Mth US T-Bill. Prior to April 2007: the blended benchmark was 50% S&P 500, 15% ICE BofA 1-3Yr Corp/Gov, 30% Bloomberg US Agg, and 5% FTSE 1 Mth US T-Bill. To provide current income and moderate capital appreciation. It is expected that dividend and interest income will comprise a significant portion of total return, although growth through capital appreciation is equally important. Strategic Range Policy Tactical Equity 40 - 60% 50% 49% Fixed Income 40 - 60% 45% 46% Cash 0 - 20% 5% 5% ANNUALIZED TOTAL RETURNS (Gross of Investment Management Fees, but Net of Embedded Fund Fees) HighMark Plus Composite (Active) Current Quarter* -5.07% Blended Benchmark*,** -4.97% Year To Date* -5.07% Blended Benchmark*,** -4.97% 1 Year 1.50% Blended Benchmark** 2.42% 3 Year 8.42% Blended Benchmark** 8.54% 5 Year 7.64% Blended Benchmark** 7.61% 10 Year 6.99% Blended Benchmark** 7.20% Index Plus Composite (Passive) Current Quarter* -5.38% Blended Benchmark*,** -4.97% Year To Date* -5.38% Blended Benchmark*,** -4.97% 1 Year 1.94% Blended Benchmark** 2.42% 3 Year 8.01% Blended Benchmark** 8.54% 5 Year 7.20% Blended Benchmark** 7.61% 10 Year 6.80% Blended Benchmark** 7.20% PORTFOLIO FACTS HighMark Plus (Active) Composite Inception Date 10/2004 No of Holdings in Portfolio 20 Index Plus (Passive) Composite Inception Date 05/2006 No of Holdings in Portfolio 13 Efficient Frontier Risk (Standard Deviation) Re w a r d ( R a t e o f R e t u r n ) Conservative Moderately Conservative Moderate Capital AppreciationBalanced (Gross of Investment Management Fees, but Net of Embedded Fund Fees) HighMark Plus Composite (Active) 2008 -22.88% 2009 21.47% 2010 12.42% 2011 0.55% 2012 12.25% 2013 13.06% 2014 4.84% 2015 0.14% 2016 6.45% 2017 13.19% 2018 -4.03% 2019 17.71% 2020 12.92% 2021 9.31% Index Plus Composite (Passive) 2008 -18.14% 2009 16.05% 2010 11.77% 2011 2.29% 2012 10.91% 2013 12.79% 2014 5.72% 2015 -0.52% 2016 7.23% 2017 11.59% 2018 -4.03% 2019 17.52% 2020 11.23% 2021 10.18% F.9.c Packet Pg. 132 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) HIGHMARK CAPITAL MANAGEMENT 350 California Street Suite 1600 San Francisco, CA 94104 800-582-4734 ABOUT THE ADVISER HighMark®Capital Management, Inc. (HighMark) has over 100 years (including predecessor organizations) of institutional money management experience with $9.4 billion in assets under management and $9.6 billion in assets under advisement*. HighMark has a long term disciplined approach to money management and currently manages assets for a wide array of clients. ABOUT THE PORTFOLIO MANAGEMENT TEAM Andrew Brown, CFA® Senior Portfolio Manager Investment Experience: since 1994 HighMark Tenure: since 1997 Education: MBA, University of Southern California; BA, University of Southern California Salvatore “Tory” Milazzo III, CFA® Senior Portfolio Manager Investment Experience: since 2004 HighMark Tenure: since 2014 Education: BA, Colgate University J. Keith Stribling, CFA® Senior Portfolio Manager Investment Experience: since 1985 HighMark Tenure: since 1995 Education: BA, Stetson University Christiane Tsuda Senior Portfolio Manager Investment Experience: since 1987 HighMark Tenure: since 2010 Education: BA, International Christian University, Tokyo Anne Wimmer, CFA® Senior Portfolio Manager Investment Experience: since 1987 HighMark Tenure: since 2007 Education: BA, University of California, Santa Barbara Randy Yurchak, CFA® Senior Portfolio Manager Investment Experience: since 2002 HighMark Tenure: since 2017 Education: MBA, Arizona State University; BS, University of Washington Asset Allocation Committee Number of Members: 17 Average Years of Experience: 27 Average Tenure (Years): 15 Manager Review Group Number of Members: 7 Average Years of Experience: 22 Average Tenure (Years): 10 *Assets under management (“AUM”) include assets for which HighMark provides continuous and regular supervisory and management services. Assets under advisement (“AUA”) include assets for which HighMark provides certain investment advisory services (including, but not limited to, investment research and strategies) for client assets of its parent company, MUFG Union Bank, N.A. The performance records shown represent size-weighted composites of tax exempt accounts that meet the following criteria: Accounts are managed by HighMark with full investment authority according to the PARS Moderate active and passive objectives. The adviser to the PARS portfolios is US Bank, and HighMark serves as sub-adviser to US Bank to manage these portfolios. US Bank may charge clients as much as 0.60% annual management fee based on a sliding scale. US Bank pays HighMark 60% of the annual management fee for assets sub-advised by HighMark under its sub-advisory agreement with US Bank. The 0.36% paid to HighMark, as well as other expenses that may be incurred in the management of the portfolio, will reduce the portfolio’s returns. Assuming an investment for five years, a 5% annual total return, and an annual sub-advisory fee rate of 0.36% deducted from the assets at market at the end of each year, a $10 million initial value would grow to $12.53 million after fees (Net-of-Fees) and $12.76 million before fees (Gross-of-Fees). Gross returns are presented before management and custodial fees but after all trading expenses and reflect the reinvestment of dividends and other income. A client's return will be reduced by the advisory fees and other expenses it may incur as a client. Additional information regarding the firm’s policies and procedures for calculating and reporting performance results is available upon request. Performance results are calculated and presented in U.S. dollars and do not reflect the deduction of investment advisory fees, custody fees, or taxes but do reflect the deduction of trading expenses. Returns are calculated based on trade-date accounting. Blended benchmarks represent HighMark’s strategic allocations between equity, fixed income, and cash and are rebalanced monthly. Benchmark returns do not reflect the deduction of advisory fees or other expenses of investing but assumes the reinvestment of dividends and other earnings. An investor cannot invest directly in an index. The unmanaged S&P 500 Index is representative of the performance of large companies in the U.S. stock market. The MSCI EAFE Index is a free float-adjusted market capitalization index designed to measure developed market equity performance, excluding the U.S. and Canada. The MSCI Emerging Markets Index is a free float-adjusted market capitalization index that is designed to measure equity market performance in the global emerging markets. The Russell Midcap Index measures the performance of the mid-cap segment of the U.S. equity universe. The Russell 2000 Index measures the performance of the small-cap segment of the U.S. equity universe. The ICE BofA U.S. High Yield Master II Index tracks the performance of below investment grade U.S. dollar-denominated corporate bonds publicly issued in the U.S. domestic market. Wilshire REIT index measures U.S. publicly traded Real Estate Investment Trusts. The unmanaged Bloomberg U.S. Aggregate Bond Index is generally representative of the U.S. taxable bond market as a whole. The ICE BofA 1-3 Year U.S. Corporate & Government Index tracks the bond performance of the ICE BofA U.S. Corporate & Government Index, with a remaining term to final maturity less than 3 years. The unmanaged FTSE 1-Month U.S. Treasury Bill Index tracks the yield of the 1-month U.S. Treasury Bill. HighMark Capital Management, Inc. (HighMark), an SEC-registered investment adviser, is a wholly owned subsidiary of MUFG Union Bank, N.A. (MUB). HighMark manages institutional separate account portfolios for a wide variety of for-profit and nonprofit organizations, public agencies, and public and private retirement plans. MUB, a subsidiary of MUFG Americas Holdings Corporation, provides certain services to HighMark and is compensated for these services. Past performance does not guarantee future results. Individual account management and construction will vary depending on each client’s investment needs and objectives. Investments employing HighMark strategies are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal. 350 California Street Suite 1600 San Francisco, CA 94104 800.582.4734 www.highmarkcapital.com HOLDINGS STYLE Small Cap 7.5% Interm-Term Bond 35.9% High Yield 1.0%Short-Term Bond9.6% Large Cap Core14.4% Large Cap Growth 5.6% Mid Cap4.9% Intl Stocks8.1% Cash4.8% Large Cap Value6.4% Real Estate 1.8% Holdings are subject to change at the discretion of the investment manager. HighMark Plus (Active)Index Plus (Passive) Columbia Contrarian Core I3 iShares Core S&P 500 ETF Vanguard Growth & Income Adm iShares S&P 500 Value ETF Dodge & Cox Stock Fund iShares S&P 500 Growth ETF iShares S&P 500 Value ETF iShares Russell Mid-Cap ETF Harbor Capital Appreciation - Retirement Vanguard Real Estate ETF T. Rowe Price Growth Stock - I iShares Russell 2000 Value ETF iShares Russell Mid-Cap ETF iShares Russell 2000 Growth ETF Vanguard Real Estate ETF iShares Core MSCI EAFE ETF Undiscovered Managers Behavioral Value-R6 Vanguard FTSE Emerging Markets ETF Vanguard Small Cap Growth ETF Vanguard Short-Term Invest-Grade Adm DFA Large Cap International Portfolio iShares Core U.S. Aggregate Dodge & Cox International Stock Vanguard High-Yield Corp Adm MFS International Growth - R6 First American Government Obligations Z Hartford Schroders Emerging Markets Eq Vanguard Short-Term Invest-Grade Adm PIMCO High Yield Instl PIMCO Total Return Fund - Inst PGIM Total Return Bond - R6 DoubleLine Core Fixed Income - I First American Government Obligations Z F.9.c Packet Pg. 133 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) PARS DIVERSIFIED PORTFOLIOS BALANCED INVESTMENT OBJECTIVE ANNUAL RETURNS ASSET ALLOCATION — BALANCED PORTFOLIO Comprehensive Investment Solution HighMark® Capital Management, Inc.’s (HighMark) diversified investment portfolios are designed to balance return expectations with risk tolerance. Key features include: sophisticated asset allocation and optimization techniques, four layers of diversification (asset class, style, manager, and security), access to rigorously screened, top tier money managers, flexible investment options, and experienced investment management. Rigorous Manager Due Diligence Our manager review committee utilizes a rigorous screening process that searches for investment managers and styles that have not only produced above-average returns within acceptable risk parameters, but have the resources and commitment to continue to deliver these results. We have set high standards for our investment managers and funds. This is a highly specialized, time consuming approach dedicated to one goal: competitive and consistent performance. Flexible Investment Options In order to meet the unique needs of our clients, we offer access to flexible implementation strategies: HighMark Plus utilizes actively managed mutual funds while Index Plus utilizes index-based securities, including exchange-traded funds. Both investment options leverage HighMark’s active asset allocation approach. Risk Management The portfolio is constructed to control risk through four layers of diversification – asset classes (cash, fixed income, equity), investment styles (large cap, small cap, international, value, growth), managers and securities. Disciplined mutual fund selection and monitoring process helps to drive return potential while reducing portfolio risk. WHY THE PARS DIVERSIFIED BALANCED PORTFOLIO? Q1 2022 * Returns less than one year are not annualized. **Breakdown for Blended Benchmark: From 10/1/2012 – Present: 32% S&P500, 6% Russell Mid Cap, 9% Russell 2000, 4% MSCI EM (net), 7% MSCI EAFE (net), 27% Bloomberg US Agg, 6.75% ICE BofA 1-3 Yr US Corp/Gov’t, 1.25% ICE BofA US High Yield Master II, 2% Wilshire REIT, and 5% FTSE 1 Mth US T-Bill. From 4/1/2007 –9/30/2012: the blended benchmark was 51% S&P 500; 3% Russell 2000, 6% MSCI EAFE (net), 5% ICE BofA 1-3 Year Corp./Govt, 30% Bloomberg US Agg, 5% FTSE 1 Mth US T-Bill. Prior to April 2007: the blended benchmark was 60% S&P 500, 5% ICE BofA1-3Yr Corp/Gov, 30% Bloomberg US Agg, and 5% FTSE 1 Mth US T-Bill. To provide growth of principal and income. While dividend and interest income are an important component of the objective’s total return, it is expected that capital appreciation will comprise a larger portion of the total return. Strategic Range Policy Tactical Equity 50 – 70% 60% 59% Fixed Income 30 – 50% 35% 36% Cash 0 – 20% 5% 5% ANNUALIZED TOTAL RETURNS (Gross of Investment Management Fees, but Net of Embedded Fund Fees) HighMark Plus Composite (Active) Current Quarter* -5.03% Blended Benchmark*,** -5.02% Year To Date* -5.03% Blended Benchmark*,** -5.02% 1 Year 2.49% Blended Benchmark** 3.64% 3 Year 9.69% Blended Benchmark** 9.92% 5 Year 8.73% Blended Benchmark** 8.72% 10 Year 7.94% Blended Benchmark** 8.26% Index Plus Composite (Passive) Current Quarter* -5.39% Blended Benchmark*,** -5.02% Year To Date* -5.39% Blended Benchmark*,** -5.02% 1 Year 3.19% Blended Benchmark** 3.64% 3 Year 9.36% Blended Benchmark** 9.92% 5 Year 8.22% Blended Benchmark** 8.72% 10 Year 7.72% Blended Benchmark** 8.26% PORTFOLIO FACTS HighMark Plus (Active) Composite Inception Date 10/2006 No of Holdings in Portfolio 20 Index Plus (Passive) Composite Inception Date 10/2007 No of Holdings in Portfolio 13 Efficient Frontier Risk (Standard Deviation) Re w a r d ( R a t e o f R e t u r n ) Conservative Moderately Conservative Moderate Capital AppreciationBalanced (Gross of Investment Management Fees, but Net of Embedded Fund Fees) HighMark Plus Composite (Active) 2008 -25.72% 2009 21.36% 2010 14.11% 2011 -0.46% 2012 13.25% 2013 16.61% 2014 4.70% 2015 0.04% 2016 6.81% 2017 15.46% 2018 -4.88% 2019 19.85% 2020 13.85% 2021 11.44% Index Plus Composite (Passive) 2008 -23.22% 2009 17.62% 2010 12.76% 2011 1.60% 2012 11.93% 2013 15.63% 2014 6.08% 2015 -0.81% 2016 8.26% 2017 13.39% 2018 -5.05% 2019 19.59% 2020 12.07% 2021 12.63% F.9.c Packet Pg. 134 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) HIGHMARK CAPITAL MANAGEMENT 350 California Street Suite 1600 San Francisco, CA 94104 800-582-4734 ABOUT THE ADVISER HighMark®Capital Management, Inc. (HighMark) has over 100 years (including predecessor organizations) of institutional money management experience with $9.4 billion in assets under management and $9.6 billion in assets under advisement*. HighMark has a long term disciplined approach to money management and currently manages assets for a wide array of clients. ABOUT THE PORTFOLIO MANAGEMENT TEAM Andrew Brown, CFA® Senior Portfolio Manager Investment Experience: since 1994 HighMark Tenure: since 1997 Education: MBA, University of Southern California; BA, University of Southern California Salvatore “Tory” Milazzo III, CFA® Senior Portfolio Manager Investment Experience: since 2004 HighMark Tenure: since 2014 Education: BA, Colgate University J. Keith Stribling, CFA® Senior Portfolio Manager Investment Experience: since 1985 HighMark Tenure: since 1995 Education: BA, Stetson University Christiane Tsuda Senior Portfolio Manager Investment Experience: since 1987 HighMark Tenure: since 2010 Education: BA, International Christian University, Tokyo Anne Wimmer, CFA® Senior Portfolio Manager Investment Experience: since 1987 HighMark Tenure: since 2007 Education: BA, University of California, Santa Barbara Randy Yurchak, CFA® Senior Portfolio Manager Investment Experience: since 2002 HighMark Tenure: since 2017 Education: MBA, Arizona State University; BS, University of Washington Asset Allocation Committee Number of Members: 17 Average Years of Experience: 27 Average Tenure (Years): 15 Manager Review Group Number of Members: 7 Average Years of Experience: 22 Average Tenure (Years): 10 *Assets under management (“AUM”) include assets for which HighMark provides continuous and regular supervisory and management services. Assets under advisement (“AUA”) include assets for which HighMark provides certain investment advisory services (including, but not limited to, investment research and strategies) for client assets of its parent company, MUFG Union Bank, N.A. The performance records shown represent size-weighted composites of tax exempt accounts that meet the following criteria: Accounts are managed by HighMark with full investment authority according to the PARS Balanced active and passive objectives. The composite name has been changed from PARS Balanced/Moderately Aggressive to PARS Balanced on 5/1/2013. The adviser to the PARS portfolios is US Bank, and HighMark serves as sub-adviser to US Bank to manage these portfolios. US Bank may charge clients as much as 0.60% annual management fee based on a sliding scale. US Bank pays HighMark 60% of the annual management fee for assets sub-advised by HighMark under its sub-advisory agreement with US Bank. The 0.36% paid to HighMark, as well as other expenses that may be incurred in the management of the portfolio, will reduce the portfolio’s returns. Assuming an investment for five years, a 5% annual total return, and an annual sub-advisory fee rate of 0.36% deducted from the assets at market at the end of each year, a $10 million initial value would grow to $12.53 million after fees (Net-of-Fees) and $12.76 million before fees (Gross-of-Fees). Gross returns are presented before management and custodial fees but after all trading expenses and reflect the reinvestment of dividends and other income. A client's return will be reduced by the advisory fees and other expenses it may incur as a client. Additional information regarding the firm’spolicies and procedures for calculating and reporting performance results is available upon request. Performance results are calculated and presented in U.S. dollars and do not reflect the deduction of investment advisory fees, custody fees, or taxesbut do reflect the deduction of trading expenses. Returns are calculated based on trade-date accounting. Blended benchmarks represent HighMark’s strategic allocations between equity, fixed income, and cash and are rebalanced monthly. Benchmark returns do not reflect the deduction of advisory fees or other expenses of investing but assumes the reinvestment of dividends and other earnings. An investor cannot invest directly in an index. The unmanaged S&P 500 Index is representative of the performance of large companies in the U.S. stock market. The MSCI EAFE Index is a free float-adjusted market capitalization index designed to measure developed market equity performance, excluding the U.S. and Canada. The MSCI Emerging Markets Index is a free float-adjusted market capitalization index that is designed to measure equity market performance in the global emerging markets. The Russell Midcap Index measures the performance of the mid-cap segment of the U.S. equity universe. The Russell 2000 Index measures the performance of the small-cap segment of the U.S. equity universe. The ICE BofA U.S. High Yield Master II Index tracks the performance of below investment grade U.S. dollar-denominated corporate bonds publicly issued in the U.S. domestic market. Wilshire REIT index measures U.S. publicly traded Real Estate Investment Trusts. The unmanaged Bloomberg U.S. Aggregate Bond Index is generally representative of the U.S. taxable bond market as a whole. The ICE BofA 1-3 Year U.S. Corporate & Government Index tracks the bond performance of the ICE BofA U.S. Corporate & Government Index, with a remaining term to final maturity less than 3 years. The unmanaged FTSE 1-Month U.S. Treasury Bill Index tracks the yield of the 1-month U.S. Treasury Bill. HighMark Capital Management, Inc. (HighMark), an SEC-registered investment adviser, is a wholly owned subsidiary of MUFG Union Bank, N.A. (MUB). HighMark manages institutional separate account portfolios for a wide variety of for-profit and nonprofit organizations, public agencies, and public and private retirement plans. MUB, a subsidiary of MUFG Americas Holdings Corporation, provides certain services to HighMark and is compensated for these services. Past performance does not guarantee future results. Individual account management and construction will vary depending on each client’s investment needs and objectives. Investments employing HighMark strategies are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal. 350 California Street Suite 1600 San Francisco, CA 94104 800.582.4734 www.highmarkcapital.com HOLDINGS STYLE Small Cap 8.9% Interm-Term Bond 28.5% High Yield0.9% Short-Term Bond6.6%Large Cap Core 17.5% Large Cap Growth6.8% Mid Cap6.0% Intl Stocks 9.6% Cash 5.5% Large Cap Value 7.7% Real Estate2.0% Holdings are subject to change at the discretion of the investment manager. HighMark Plus (Active)Index Plus (Passive) Columbia Contrarian Core I3 iShares Core S&P 500 ETF Vanguard Growth & Income Adm iShares S&P 500 Value ETF Dodge & Cox Stock Fund iShares S&P 500 Growth ETF iShares S&P 500 Value ETF iShares Russell Mid-Cap ETF Harbor Capital Appreciation - Retirement Vanguard Real Estate ETF T. Rowe Price Growth Stock - I iShares Russell 2000 Value ETF iShares Russell Mid-Cap ETF iShares Russell 2000 Growth ETF Vanguard Real Estate ETF iShares Core MSCI EAFE ETF Undiscovered Managers Behavioral Value-R6 Vanguard FTSE Emerging Markets ETF Vanguard Small Cap Growth ETF Vanguard Short-Term Invest-Grade Adm DFA Large Cap International Portfolio iShares Core U.S. Aggregate Dodge & Cox International Stock Vanguard High-Yield Corp Adm MFS International Growth - R6 First American Government Obligations Z Hartford Schroders Emerging Markets Eq Vanguard Short-Term Invest-Grade Adm PIMCO High Yield Instl PIMCO Total Return Fund - Inst PGIM Total Return Bond - R6 DoubleLine Core Fixed Income - I First American Government Obligations Z F.9.c Packet Pg. 135 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) PARS DIVERSIFIED PORTFOLIOS CAPITAL APPRECIATION INVESTMENT OBJECTIVE ANNUAL RETURNS ASSET ALLOCATION — CAPITAL APPRECIATION PORTFOLIO Comprehensive Investment Solution HighMark® Capital Management, Inc.’s (HighMark) diversified investment portfolios are designed to balance return expectations with risk tolerance. Key features include: sophisticated asset allocation and optimization techniques, four layers of diversification (asset class, style, manager, and security), access to rigorously screened, top tier money managers, flexible investment options, and experienced investment management. Rigorous Manager Due Diligence Our manager review committee utilizes a rigorous screening process that searches for investment managers and styles that have not only produced above-average returns within acceptable risk parameters, but have the resources and commitment to continue to deliver these results. We have set high standards for our investment managers and funds. This is a highly specialized, time consuming approach dedicated to one goal: competitive and consistent performance. Flexible Investment Options In order to meet the unique needs of our clients, we offer access to flexible implementation strategies: HighMark Plus utilizes actively managed mutual funds while Index Plus utilizes index-based securities, including exchange-traded funds. Both investment options leverage HighMark’s active asset allocation approach. Risk Management The portfolio is constructed to control risk through four layers of diversification – asset classes (cash, fixed income, equity), investment styles (large cap, small cap, international, value, growth), managers and securities. Disciplined mutual fund selection and monitoring process helps to drive return potential while reducing portfolio risk. WHY THE PARS DIVERSIFIED CAPITAL APPRECIATION PORTFOLIO? Q1 2022 * Returns less than one year are not annualized. **Breakdown for Blended Benchmark: 39.5% S&P500, 7.5% Russell Mid Cap, 10.5% Russell 2000, 5.25% MSCI EM (net), 10.25% MSCI EAFE (net), 16% Bloomberg US Agg, 3% ICE BofA 1-3 Yr US Corp/Gov’t, 1% ICE BofA US High Yield Master II, 2% Wilshire REIT, and 5% FTSE 1 Mth US T-Bill. To provide growth of principal. The major portion of the assets are invested in equity securities and market fluctuations are expected. Strategic Range Policy Tactical Equity 65 - 85% 75% 73% Fixed Income 10 - 30% 20% 20% Cash 0 - 20% 5% 7% ANNUALIZED TOTAL RETURNS (Gross of Investment Management Fees, but Net of Embedded Fund Fees) Consolidated Composite Current Quarter* -5.19% Blended Benchmark*,** -5.09% Year To Date* -5.19% Blended Benchmark*,** -5.09% 1 Year 4.22% Blended Benchmark** 5.24% 3 Year 11.34% Blended Benchmark** 11.77% 5 Year 9.99% Blended Benchmark** 10.21% 10 Year 9.19% Blended Benchmark** 9.58% PORTFOLIO FACTS Consolidated Composite Composite Inception Date 01/2009 No of Holdings in Portfolio 20 Efficient Frontier Risk (Standard Deviation) Re w a r d ( R a t e o f R e t u r n ) Conservative Moderately Conservative Moderate Capital Appreciation Balanced (Gross of Investment Management Fees, but Net of Embedded Fund Fees) Consolidated Composite 2008 N/A 2009 23.77% 2010 12.95% 2011 -1.35% 2012 13.87% 2013 20.33% 2014 6.05% 2015 -0.26% 2016 8.79% 2017 16.72% 2018 -5.82% 2019 22.62% 2020 14.50% 2021 14.96% F.9.c Packet Pg. 136 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) HIGHMARK CAPITAL MANAGEMENT 350 California Street Suite 1600 San Francisco, CA 94104 800-582-4734 ABOUT THE ADVISER HighMark®Capital Management, Inc. (HighMark) has over 100 years (including predecessor organizations) of institutional money management experience with $9.4 billion in assets under management and $9.6 billion in assets under advisement*. HighMark has a long term disciplined approach to money management and currently manages assets for a wide array of clients. ABOUT THE PORTFOLIO MANAGEMENT TEAM Andrew Brown, CFA® Senior Portfolio Manager Investment Experience: since 1994 HighMark Tenure: since 1997 Education: MBA, University of Southern California; BA, University of Southern California Salvatore “Tory” Milazzo III, CFA® Senior Portfolio Manager Investment Experience: since 2004 HighMark Tenure: since 2014 Education: BA, Colgate University J. Keith Stribling, CFA® Senior Portfolio Manager Investment Experience: since 1985 HighMark Tenure: since 1995 Education: BA, Stetson University Christiane Tsuda Senior Portfolio Manager Investment Experience: since 1987 HighMark Tenure: since 2010 Education: BA, International Christian University, Tokyo Anne Wimmer, CFA® Senior Portfolio Manager Investment Experience: since 1987 HighMark Tenure: since 2007 Education: BA, University of California, Santa Barbara Randy Yurchak, CFA® Senior Portfolio Manager Investment Experience: since 2002 HighMark Tenure: since 2017 Education: MBA, Arizona State University; BS, University of Washington Asset Allocation Committee Number of Members: 17 Average Years of Experience: 27 Average Tenure (Years): 15 Manager Review Group Number of Members: 7 Average Years of Experience: 22 Average Tenure (Years): 10 *Assets under management (“AUM”) include assets for which HighMark provides continuous and regular supervisory and management services. Assets under advisement (“AUA”) include assets for which HighMark provides certain investment advisory services (including, but not limited to, investment research and strategies) for client assets of its parent company, MUFG Union Bank, N.A. The performance records shown represent a size-weighted composite of tax exempt accounts that meet the following criteria: Accounts are managed by HighMark with full investment authority according to the PARS Capital Appreciation active and passive objectives. The adviser to the PARS portfolios is US Bank, and HighMark serves as sub-adviser to US Bank to manage these portfolios. US Bank may charge clients as much as 0.60% annual management fee based on a sliding scale. US Bank pays HighMark 60% of the annual management fee for assets sub-advised by HighMark under its sub-advisory agreement with US Bank. The 0.36% paid to HighMark, as well as other expenses that may be incurred in the management of the portfolio, will reduce the portfolio’s returns. Assuming an investment for five years, a 5% annual total return, and an annual sub-advisory fee rate of 0.36% deducted from the assets at market at the end of each year, a $10 million initial value would growto $12.53 million after fees (Net-of-Fees) and $12.76 million before fees (Gross-of-Fees). Gross returns are presented before management and custodial fees but after all trading expenses and reflect the reinvestment of dividends and other income. A client's return will be reduced by the advisory fees and other expenses it may incur as a client. Additional information regarding the firm’s policies and procedures for calculating and reporting performance results is available upon request. Performance results are calculated and presented in U.S. dollars and do not reflect the deduction of investment advisory fees, custody fees, or taxes but do reflect the deduction of trading expenses. Returns are calculated based on trade-date accounting. Blended benchmarks represent HighMark’s strategic allocations between equity, fixed income, and cash and are rebalanced monthly. Benchmark returns do not reflect the deduction of advisory fees or other expenses of investing but assumes the reinvestment of dividends and other earnings. An investor cannot invest directly in an index. The unmanaged S&P 500 Index is representative of the performance of large companies in the U.S. stock market. The MSCI EAFE Index is a free float-adjusted market capitalization index designed to measure developed market equity performance, excluding the U.S. and Canada. The MSCI Emerging Markets Index is a free float-adjusted market capitalization index that is designed to measure equity market performance in the global emerging markets. The Russell Midcap Index measures the performance of the mid-cap segment of the U.S. equity universe. The Russell 2000 Index measures the performance of the small-cap segment of the U.S. equity universe. The ICE BofA U.S. High Yield Master II Index tracks the performance of below investment grade U.S. dollar-denominated corporate bonds publicly issued in the U.S. domestic market. Wilshire REIT index measures U.S. publicly traded Real Estate Investment Trusts. The unmanaged Bloomberg U.S. Aggregate Bond Index is generally representative of the U.S. taxable bond market as a whole. The ICE BofA 1-3 Year U.S. Corporate & Government Index tracks the bond performance of the ICE BofA U.S. Corporate & Government Index, with a remaining term to final maturity less than 3 years. The unmanaged FTSE 1-Month U.S. Treasury Bill Index tracks the yield of the 1-month U.S. Treasury Bill. HighMark Capital Management, Inc. (HighMark), an SEC-registered investment adviser, is a wholly owned subsidiary of MUFG Union Bank, N.A. (MUB). HighMark manages institutional separate account portfolios for a wide variety of for-profit and nonprofit organizations, public agencies, and public and private retirement plans. MUB, a subsidiary of MUFG Americas Holdings Corporation, provides certain services to HighMark and is compensated for these services. Past performance does not guarantee future results. Individual account management and construction will vary depending on each client’s investment needs and objectives. Investments employing HighMark strategies are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal. 350 California Street Suite 1600 San Francisco, CA 94104 800.582.4734 www.highmarkcapital.com HOLDINGS STYLE Small Cap 10.4% Interm-Term Bond16.6% High Yield0.8% Short-Term Bond2.8% Large Cap Core 22.1%Large Cap Growth8.3% Mid Cap 7.5% Intl Stocks 13.5% Cash6.6% Large Cap Value9.4% Real Estate2.0% Holdings are subject to change at the discretion of the investment manager. HighMark Plus (Active)Index Plus (Passive) Columbia Contrarian Core I3 iShares Core S&P 500 ETF Vanguard Growth & Income Adm iShares S&P 500 Value ETF Dodge & Cox Stock Fund iShares S&P 500 Growth ETF iShares S&P 500 Value ETF iShares Russell Mid-Cap ETF Harbor Capital Appreciation – Retirement Vanguard Real Estate ETF T. Rowe Price Growth Stock - I iShares Russell 2000 Value ETF iShares Russell Mid-Cap ETF iShares Russell 2000 Growth ETF Vanguard Real Estate ETF iShares Core MSCI EAFE ETF Undiscovered Managers Behavioral Value-R6 Vanguard FTSE Emerging Markets ETF Vanguard Small Cap Growth ETF Vanguard Short-Term Invest-Grade Adm DFA Large Cap International Portfolio iShares Core U.S. Aggregate Dodge & Cox International Stock Vanguard High-Yield Corp Adm MFS International Growth - R6 First American Government Obligations Z Hartford Schroders Emerging Markets Eq Vanguard Short-Term Invest-Grade Adm PIMCO High Yield Instl PIMCO Total Return Fund - Inst PGIM Total Return Bond - R6 DoubleLine Core Fixed Income - I First American Government Obligations Z F.9.c Packet Pg. 137 At t a c h m e n t : C i t y o f G r a n d T e r r a c e - P A R S P r e s e n t a t i o n ( U n f u n d e d P e n s i o n L i a b i l i t y ) AGENDA REPORT MEETING DATE: September 13, 2022 Council Item TITLE: Unfunded OPEB Liability PRESENTED BY: Terry Shea, Interim Finance Director RECOMMENDATION: The City Council approve a Prefunding Agreement and election to pre-fund Other Post- Employment Benefits (“OPEB”) through the California Employers’ Retiree Benefit Trust (“CERBT”) fund administered through the California Public Employees’ Retirement System (“CalPERS”); authorize the City Manager (or designee) to execute all documents to fund and maintain participation in the trust; and authorize staff to file the necessary forms with CalPERS and to make an initial investment of $100,000. 2030 VISION STATEMENT: This staff report supports Goal #1, Ensuring Fiscal Viability by addressing funding options to reduce pension costs. BACKGROUND: The City of Grand Terrace provides certain medical benefits to eligible retirees. To be eligible to receive the benefits, retirees must have retired directly from the City under CalPERS with a service or disability retirement. Such benefits are commonly referred to as Other Post-Employment Benefits (“OPEB”). At present, Public Agencies have two options for covering OPEB costs. One option is referred to as “pay-as-you-go,” where an employer makes the required insurance premium payments for its retirees as those premiums are due, out of its current year operating budget. This is the City’s current method. The other option is “pre- funding,” where funds are set aside in a dedicated trust account. Establishing and funding an OPEB trust ensures than an employer can meet its future obligations by leveraging the higher yields, thus decreasing the amount needed to be paid by the City’s General Fund. The Government Accounting Standards Board (GASB 75) requires agencies to account for and disclose their OPEB costs for all active and retired employees. As of the most recent valuation (June 2019) the City's Net OPEB Liability is $1,964,307 million for benefits already earned. Without a plan to address the City's OPEB Liability, it is anticipated that this amount will grow in the near future before it starts to decline. F.10 Packet Pg. 138 At its meeting of June 14, 2022, Council indicated they would like to further explore the use of a Section 115 Trust to address the City’s unfunded liabilities. This report to the City Council is a recommendation to setup a Section 115 Trust to better plan for and manage the City’s OPEB unfunded liability. In compliance with this direction, staff contacted four providers to solicit proposals from qualified vendors for IRS Section 115 OPEB Trust Services. Finance staff reviewed, compared, and evaluated the respective proposal responses. Interviews were conducted by the Interim Finance Director with each respondent. The interview included questions to assess the experience of each respondent, their historical success achieving investment performance goals, costs to both establish and maintain the trust, and the complexity of administrative process to both establish and administer the trust. In total, the City received three responses to the request for information: CalPERS, Keenan, and PARS. The fourth provider PFM declined to respond. Finance Staff found all three firms to be professionally qualified to provide trust services. However, the Staff were unanimous in recommending CalPERS for providing trust services based on qualifications, experience, staff knowledge, cost, and ease of administrative process. Keenan has strong experience with the management of IRS Section 115 Trusts and currently manages other post-employment benefit (OPEB) and IRS Section 115 Pension Trusts for 66 agencies. PARS has the most IRS Section 115 pension trusts under management, managing over 420 separate trusts. PARS provided strong experience and a knowledgeable working group for the City. PARS offered a scaled cost structure that started at 60 basis point for balances under $5 million. CalPERS is an agency of the State of California charged to administer defined benefit pension, employer contribution prefunding, health benefits, long term care insurance, OPEB prefunding, and supplemental income defined contribution programs, for the benefit of State, school, and local public agency employees. Currently, CalPERS manages OPEB and IRS Section 115 Pension Trusts for more than 570 California public employers. CalPERS has extensive experience managing IRS Section 115 Trusts, their CERBT program is the largest trust provider in California measured by both assets under management and the number of participating employers. DISCUSSION: The California Public Employee Retirement System (CalPERS) has established a program called the California Employers’ Retiree Benefit Trust (CERBT), which is an IRS Section 115 Trust set up for the sole purpose of receiving employer contributions that will pay for OPEB costs. This program has been around since 2007 with $15.3 billion in assets under management and has over 600 participants including cities, counties, school districts, and special districts F.10 Packet Pg. 139 As CERBT is an IRS approved Section 115 Irrevocable Trust, this action would allow funds deposited into the trust to earn market rates of return greater than otherwise allowed by the City's investment policy and will offset the City's Unfunded Actuarial Accrued Liability thereby providing a more secure financial future for the City of Cathedral City. Entering into an investment management agreement with CERBT, the OPEB trust provider, will allow the City to make long-term investments to match its long-term obligations with the trust assets legally protected from creditors of the employer or the plan administrator CalPERS. The trust assets are irrevocable and cannot be put to use for any other purposes. Why should the City open an IRS Section 115 Trust? The City would have total financial control of the Section 115 Trust. At this time, staff is recommending a one-time contribution to open the 115 Trust. There is no required annual funding amount. The City can make deposits into the Trust as funds become available to the City. If funds are deposited, they can be withdrawn in later years to assist with retiree health payments. Additional benefits are provided below: • Higher-yielding investments The CERBT program has averaged 8.06% yield over the past 10 years, with current yields being closer to 6.50%-7%. With higher yield, the City would benefit from the effects of compounding interest. · Reduce unfunded liabilities and future contributions The CERBT program provides the City the ability to utilize the interest earned to pay the annual contribution and unfunded OPEB liability. · Improve financial reporting outcomes The OPEB actuary would utilize the CERBT’s discount rate, instead of the US Treasury Bond Buyer rate, lowering the City’s overall OPEB liability. This would improve City’s overall financial condition. · CalPERS low administrative fee of 10 basis points (0.1%) CalPERS CERBT program is the largest provider of Section 115 Trusts with the lowest Administrative Fee at 10 basis points. CalPERS will not invoice the City separately for their service; the agency would debit the cost out of the interest earned. CERBT does come with risk in that it would be more prone to market and economic volatility compared to the City’s current investment in LAIF or CAMP. Also, the IRS Section 115 Trust is irrevocable, meaning the investment can be only utilized for OPEB costs and not to pay for other unforeseen costs. F.10 Packet Pg. 140 Staff believes opening a CERBT IRS Section 115 Trust with CalPERS, is fiscally prudent and will secure a healthy financial future for the City. As stated above, should the City open a Section 115 Trust, the one-time contribution deposit into the CERBT will earn interest, thus decreasing the amount to be deposited by the City in future years. If the City decides to open the Section 115 Trust, it would be recorded as an asset to the City’s financials and it would improve the City’s overall OPEB liability. In addition, staff recommends making a regular annual contribution to its this OPEB account will greatly enhance the City’s ability to meet its OPEB obligation over the long term. FISCAL IMPACT: The proposed initial funding of $100,000 would come from a portion of the proceeds from the sale of the Fire Station to the County of San Bernardino. This does not impact our current General Fund budget; however, would be a new budget appropriation from the General Fund. ATTACHMENTS: • prefund-opeb-agreement (PDF) • delegation-authority (PDF) • cerbt-strategy-1 (PDF) • cerbt-strategy-2 (PDF) • cerbt-strategy-3 (PDF) APPROVALS: Terry Shea Completed 09/02/2022 10:14 AM Finance Completed 09/02/2022 11:21 AM City Manager Completed 09/02/2022 12:24 PM City Council Pending 09/13/2022 6:00 PM F.10 Packet Pg. 141 Rev 1/12/2022 Page 1 of 10 CALIFORNIA EMPLOYERS’ RETIREE BENEFIT TRUST PROGRAM ("CERBT") AGREEMENT AND ELECTION OF (NAME OF EMPLOYER) TO PREFUND OTHER POST-EMPLOYMENT BENEFITS THROUGH CalPERS WHEREAS (1) Government Code Section 22940 establishes in the State Treasury the Annuitants' Health Care Coverage Fund for the prefunding of health care coverage for annuitants (Prefunding Plan); and WHEREAS (2) The California Public Employees' Retirement System (CalPERS) Board of Administration (Board) has sole and exclusive control and power over the administration and investment of the Prefunding Plan (sometimes also referred to as CERBT), the purposes of which include, but are not limited to (i) receiving contributions from participating employers and establishing separate Employer Prefunding Accounts in the Prefunding Plan for the performance of an essential governmental function (ii) investing contributed amounts and income thereon, if any, in order to receive yield on the funds and (iii) disbursing contributed amounts and income thereon, if any, to pay for costs of administration of the Prefunding Plan and to pay for health care costs or other post-employment benefits in accordance with the terms of participating employers' plans; and WHEREAS (3) _____________________________________________________ (NAME OF EMPLOYER) (Employer) desires to participate in the Prefunding Plan upon the terms and conditions set by the Board and as set forth herein; and WHEREAS (4) Employer may participate in the Prefunding Plan upon (i) approval by the Board and (ii) filing a duly adopted and executed Agreement and Election to Prefund Other Post-Employment Benefits (Agreement) as provided in the terms and conditions of the Agreement; and WHEREAS (5) The Prefunding Plan is a trust fund that is intended to perform an essential governmental function within the meaning of Section 115 of the Internal Revenue Code as an agent multiple-employer defined benefit plan as defined in Governmental Accounting Standards Board (GASB) Statements for Accounting and Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans (OPEB Standards) consisting of an aggregation of single-employer plans, with pooled administrative and investment functions; F.10.a Packet Pg. 142 At t a c h m e n t : p r e f u n d - o p e b - a g r e e m e n t ( U n f u n d e d O P E B L i a b i l i t y ) Rev 1/12/2022 Page 2 of 10 NOW, THEREFORE, BE IT RESOLVED THAT EMPLOYER HEREBY MAKES THE FOLLOWING REPRESENTATION AND WARRANTY AND THAT THE BOARD AND EMPLOYER AGREE TO THE FOLLOWING TERMS AND CONDITIONS: A. Representation and Warranty Employer represents and warrants that it is a political subdivision of the State of California or an entity whose income is excluded from gross income under Section 115 (1) of the Internal Revenue Code. B. Adoption and Approval of the Agreement; Effective Date; Amendment (1) Employer's governing body shall elect to participate in the Prefunding Plan by adopting this Agreement and filing with the CalPERS Board a true and correct original or certified copy of this Agreement as follows: Filing by mail, send to: CalPERS CERBT (OPEB) P.O. Box 1494 Sacramento, CA 95812-1494 Filing in person, deliver to: CalPERS Mailroom CERBT (OPEB) 400 Q Street Sacramento, CA 95811 (2) Upon receipt of the executed Agreement, and after approval by the Board, the Board shall fix an effective date and shall promptly notify Employer of the effective date of the Agreement. (3) The terms of this Agreement may be amended only in writing upon the agreement of both CalPERS and Employer, except as otherwise provided herein. Any such amendment or modification to this Agreement shall be adopted and executed in the same manner as required for the Agreement. Upon receipt of the executed amendment or modification, the Board shall fix the effective date of the amendment or modification. (4) The Board shall institute such procedures and processes as it deems necessary to administer the Prefunding Plan, to carry out the purposes of this Agreement, and to maintain the tax exempt status of the Prefunding Plan. Employer agrees to follow such procedures and processes. F.10.a Packet Pg. 143 At t a c h m e n t : p r e f u n d - o p e b - a g r e e m e n t ( U n f u n d e d O P E B L i a b i l i t y ) Rev 1/12/2022 Page 3 of 10 C. Other Post-Employment Benefits (OPEB) Cost Reports and Employer Contributions (1) Employer shall provide to the Board an OPEB cost report on the basis of the actuarial assumptions and methods prescribed by the Board. Such report shall be for the Board’s use in financial reporting, and shall be prepared at least as often as the minimum frequency required by applicable GASB OPEB Standards. This OPEB cost report may be prepared as an actuarial valuation report or, if the employer is qualified under GASB OPEB Standards, may be prepared as an Alternative Measurement Method (AMM) report. (a) Unless qualified under GASB OPEB Standards, to provide an AMM report, Employer shall provide to the Board an actuarial valuation report. Such report shall be for the Board's use in financial reporting, and shall be prepared at least as often as the minimum frequency required by GASB OPEB Standards, and shall be: 1) prepared and signed by a Fellow or Associate of the Society of Actuaries who is also a Member of the American Academy of Actuaries or a person with equivalent qualifications acceptable to the Board; 2) prepared in accordance with generally accepted actuarial practice and GASB OPEB Standards; and, 3) provided to the Board prior to the Board's acceptance of contributions for the valuation period or as otherwise required by the Board. (b) If qualified under GASB OPEB Standards, Employer may provide to the Board an AMM report. Such report shall be for the Board’s use in financial reporting, shall be prepared at least as often as the minimum frequency required by GASB OPEB Standards, and shall be: 1) affirmed by Employer’s external auditor, or by a Fellow or Associate of the Society of Actuaries who is also a Member of the American Academy of Actuaries or a person with equivalent qualifications acceptable to the Board, to be consistent with the AMM process described in GASB OPEB Standards; 2) prepared in accordance with GASB OPEB Standards; and, 3) provided to the Board prior to the Board's acceptance of contributions for the valuation period or as otherwise required by the Board. (2) The Board may reject any OPEB cost report for financial reporting purposes submitted to it, but shall not unreasonably do so. In the event that the Board F.10.a Packet Pg. 144 At t a c h m e n t : p r e f u n d - o p e b - a g r e e m e n t ( U n f u n d e d O P E B L i a b i l i t y ) Rev 1/12/2022 Page 4 of 10 determines, in its sole discretion, that the OPEB cost report is not suitable for use in the Board's financial statements or if Employer fails to provide a required OPEB cost report, the Board may obtain, at Employer's expense, an OPEB cost report that meets the Board’s financial reporting needs. The Board may recover from Employer the cost of obtaining such OPEB cost report by billing and collecting from Employer or by deducting the amount from Employer's account in the Prefunding Plan. (3) Employer shall notify the Board of the amount and time of contributions which contributions shall be made in the manner established by the Board. (4) Employer contributions to the Prefunding Plan may be limited to the amount necessary to fully fund Employer's actuarial present value of total projected benefits, as supported by the OPEB cost report for financial reporting purposes acceptable to the Board. As used throughout this document, the meaning of the term "actuarial present value of total projected benefits" is as defined in GASB OPEB Standards. If Employer’s contribution causes its assets in the Prefunding Plan to exceed the amount required to fully fund the actuarial present value of total projected benefits, the Board may refuse to accept the contribution. (5) No contributions are required. Contributions can be made at any time following the effective date of the Agreement provided that Employer has first complied with the requirements of Paragraph C. D. Administration of Accounts, Investments, Allocation of Income (1) The Board has established the Prefunding Plan as an agent plan consisting of an aggregation of single-employer plans, with pooled administrative and investment functions, under the terms of which separate accounts are maintained for each employer so that the Employer's assets will provide benefits only under the Employer's post-employment benefit plan(s). (2) All Employer contributions and assets attributable to Employer contributions shall be separately accounted for in the Prefunding Plan (Employer’s Prefunding Account). (3) Employer’s Prefunding Account assets may be aggregated with prefunding account assets of other employers and may be co-invested by the Board in any asset classes appropriate for a Section 115 Trust. (4) The Board may deduct the costs of administration of the Prefunding Plan from the investment income or Employer’s Prefunding Account in a manner determined by the Board. (5) Investment income shall be allocated among participating employers and posted to Employer’s Prefunding Account as determined by the Board but no less frequently than annually. F.10.a Packet Pg. 145 At t a c h m e n t : p r e f u n d - o p e b - a g r e e m e n t ( U n f u n d e d O P E B L i a b i l i t y ) Rev 1/12/2022 Page 5 of 10 (6) If Employer's assets in the Prefunding Plan exceed the amount required to fully fund the actuarial present value of total projected benefits, the Board, in compliance with applicable accounting and legal requirements, may return such excess to Employer. E. Reports and Statements (1) Employer shall submit with each contribution a contribution report in the form and containing the information prescribed by the Board. (2) The Board shall prepare and provide a statement of Employer’s Prefunding Account at least annually reflecting the balance in Employer's Prefunding Account, contributions made during the period and income allocated during the period, and such other information as the Board determines. F. Disbursements (1) Employer may receive disbursements not to exceed the annual premium and other costs of post-employment healthcare benefits and other post-employment benefits as defined in GASB OPEB Standards. (2) Employer shall notify CalPERS in writing in the manner specified by CalPERS of the persons authorized to request disbursements from the Prefunding Plan on behalf of Employer. (3) Employer's request for disbursement shall be in writing signed by Employer's authorized representative, in accordance with procedures established by the Board. The Board may require that Employer certify or otherwise establish that the monies will be used for the purposes of the Prefunding Plan. (4) Requests for disbursements that satisfy the requirements of paragraphs (2) and (3) will be processed monthly. (5) CalPERS shall not be liable for amounts disbursed in error if it has acted upon the written instruction of an individual authorized by Employer to request disbursements. In the event of any other erroneous disbursement, the extent of CalPERS' liability shall be the actual dollar amount of the disbursement, plus interest at the actual earnings rate but not less than zero. (6) No disbursement shall be made from the Prefunding Plan which exceeds the balance in Employer’s Prefunding Account. G. Costs of Administration Employer shall pay its share of the costs of administration of the Prefunding Plan, as determined by the Board. F.10.a Packet Pg. 146 At t a c h m e n t : p r e f u n d - o p e b - a g r e e m e n t ( U n f u n d e d O P E B L i a b i l i t y ) Rev 1/12/2022 Page 6 of 10 H. Termination of Employer Participation in Prefunding Plan (1) The Board may terminate Employer’s participation in the Prefunding Plan if: (a) Employer gives written notice to the Board of its election to terminate; (b) The Board finds that Employer fails to satisfy the terms and conditions of this Agreement or of the Board's rules or regulations. (2) If Employer’s participation in the Prefunding Plan terminates for any of the foregoing reasons, all assets in Employer’s Prefunding Account shall remain in the Prefunding Plan, except as otherwise provided below, and shall continue to be invested and accrue income as provided in Paragraph D. (3) After Employer’s participation in the Prefunding Plan terminates, Employer may not make contributions to the Prefunding Plan. (4) After Employer’s participation in the Prefunding Plan terminates, disbursements from Employer’s Prefunding Account may continue upon Employer’s instruction or otherwise in accordance with the terms of this Agreement. (5) After the Employer’s participation in the Prefunding Plan terminates, the governing body of the Employer may request either: (a) A trustee to trustee transfer of the assets in Employer’s Prefunding Account; provided that the Board shall have no obligation to make such transfer unless the Board determines that the transfer will satisfy applicable requirements of the Internal Revenue Code, other law and accounting standards, and the Board’s fiduciary duties. If the Board determines that the transfer will satisfy these requirements, the Board shall then have one hundred fifty (150) days from the date of such determination to effect the transfer. The amount to be transferred shall be the amount in the Employer's Prefunding Account as of the date of the transfer (the “transfer date”) and shall include investment earnings up to an investment earnings allocation date preceding the transfer date. In no event shall the investment earnings allocation date precede the transfer date by more than 150 days. (b) A disbursement of the assets in Employer’s Prefunding Account; provided that the Board shall have no obligation to make such disbursement unless the Board determines that, in compliance with the Internal Revenue Code, other law and accounting standards, and the Board’s fiduciary duties, all of Employer's obligations for payment of post-employment health care benefits and other post-employment benefits and reasonable administrative costs of the Board have been satisfied. If the Board determines that the disbursement will satisfy these requirements, the F.10.a Packet Pg. 147 At t a c h m e n t : p r e f u n d - o p e b - a g r e e m e n t ( U n f u n d e d O P E B L i a b i l i t y ) Rev 1/12/2022 Page 7 of 10 Board shall then have one hundred fifty (150) days from the date of such determination to effect the disbursement. The amount to be disbursed shall be the amount in the Employer’s Prefunding Account as of the date of the disbursement (the “disbursement date”) and shall include investment earnings up to an investment earnings allocation date preceding the disbursement date. In no event shall the investment earnings allocation date precede the disbursement date by more than 150 days. (6) After Employer’s participation in the Prefunding Plan terminates and at such time that no assets remain in Employer’s Prefunding Account, this Agreement shall terminate. (7) If, for any reason, the Board terminates the Prefunding Plan, the assets in Employer’s Prefunding Account shall be paid to Employer after retention of (i) amounts sufficient to pay post-employment health care benefits and other post-employment benefits to annuitants for current and future annuitants described by the employer’s current substantive plan (as that term is used in GASB OPEB Standards), and (ii) amounts sufficient to pay reasonable administrative costs of the Board. (8) If Employer ceases to exist but Employer’s Prefunding Plan continues to exist and if no provision has been made by Employer for ongoing payments to pay post- employment health care benefits and other post-employment benefits to annuitants for current and future annuitants, the Board is authorized to and shall appoint a third party administrator to carry out Employer's Prefunding Plan. Any and all costs associated with such appointment shall be paid from the assets attributable to contributions by Employer. (9) If Employer should breach the representation and warranty set forth in Paragraph A., the Board shall take whatever action it deems necessary to preserve the tax-exempt status of the Prefunding Plan. I. General Provisions (1) Books and Records. Employer shall keep accurate books and records connected with the performance of this Agreement. Employer shall ensure that books and records of subcontractors, suppliers, and other providers shall also be accurately maintained. Such books and records shall be kept in a secure location at the Employer's office(s) and shall be available for inspection and copying by CalPERS and its representatives. (2) Audit. (a) During and for three years after the term of this Agreement, Employer shall permit the Bureau of State Audits, CalPERS, and its authorized F.10.a Packet Pg. 148 At t a c h m e n t : p r e f u n d - o p e b - a g r e e m e n t ( U n f u n d e d O P E B L i a b i l i t y ) Rev 1/12/2022 Page 8 of 10 representatives, and such consultants and specialists as needed, at all reasonable times during normal business hours to inspect and copy, at the expense of CalPERS, books and records of Employer relating to its performance of this Agreement. (b) Employer shall be subject to examination and audit by the Bureau of State Audits, CalPERS, and its authorized representatives, and such consultants and specialists as needed, during the term of this Agreement and for three years after final payment under this Agreement. Any examination or audit shall be confined to those matters connected with the performance of this Agreement, including, but not limited to, the costs of administering this Agreement. Employer shall cooperate fully with the Bureau of State Audits, CalPERS, and its authorized representatives, and such consultants and specialists as needed, in connection with any examination or audit. All adjustments, payments, and/or reimbursements determined to be necessary by any examination or audit shall be made promptly by the appropriate party. (3) Notice. (a) Any notice, approval, or other communication required or permitted under this Agreement will be given in the English language and will be deemed received as follows: 1. Personal delivery. When personally delivered to the recipient. Notice is effective on delivery. 2. First Class Mail. When mailed first class to the last address of the recipient known to the party giving notice. Notice is effective three delivery days after deposit in a United States Postal Service office or mailbox. 3. Certified mail. When mailed certified mail, return receipt requested. Notice is effective on receipt, if delivery is confirmed by a return receipt. 4. Overnight Delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender's account, Notice is effective on delivery, if delivery is confirmed by the delivery service. 5. Telex or Facsimile Transmission. When sent by telex or fax to the last telex or fax number of the recipient known to the party giving notice. Notice is effective on receipt, provided that (i) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery, or (ii) the receiving party delivers a written F.10.a Packet Pg. 149 At t a c h m e n t : p r e f u n d - o p e b - a g r e e m e n t ( U n f u n d e d O P E B L i a b i l i t y ) Rev 1/12/2022 Page 9 of 10 confirmation of receipt. Any notice given by telex or fax shall be deemed received on the next business day if it is received after 5:00 p.m. (recipient's time) or on a nonbusiness day. 6. E-mail transmission. When sent by e-mail using software that provides unmodifiable proof (i) that the message was sent, (ii) that the message was delivered to the recipient's information processing system, and (iii) of the time and date the message was delivered to the recipient along with a verifiable electronic record of the exact content of the message sent. Addresses for the purpose of giving notice are as shown in Paragraph B.(1) of this Agreement. (b) Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger or overnight delivery service. (c) Any party may change its address, telex, fax number, or e-mail address by giving the other party notice of the change in any manner permitted by this Agreement. (d) All notices, requests, demands, amendments, modifications or other communications under this Agreement shall be in writing. Notice shall be sufficient for all such purposes if personally delivered, sent by first class, registered or certified mail, return receipt requested, delivery by courier with receipt of delivery, facsimile transmission with written confirmation of receipt by recipient, or e-mail delivery with verifiable and unmodifiable proof of content and time and date of sending by sender and delivery to recipient. Notice is effective on confirmed receipt by recipient or 3 business days after sending, whichever is sooner. (4) Survival All representations, warranties, and covenants contained in this Agreement, or in any instrument, certificate, exhibit, or other writing intended by the parties to be a part of their Agreement shall survive the termination of this Agreement until such time as all amounts in Employer's Prefunding Account have been disbursed. (5) Waiver No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and F.10.a Packet Pg. 150 At t a c h m e n t : p r e f u n d - o p e b - a g r e e m e n t ( U n f u n d e d O P E B L i a b i l i t y ) Rev 1/12/2022 Page 10 of 10 signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. (6) Necessary Acts, Further Assurances The parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement. A majority vote of Employer’s Governing Body at a public meeting held on the ______ day of the month of __________________ in the year _________, authorized entering into this Agreement. Signature of the Presiding Officer: ________________________________________ Printed Name of the Presiding Officer: _____________________________________ Name of Governing Body: ______________________________________________ Name of Employer: ___________________________________________________ Date: _______________________________ BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM BY_____________________________________ MELODY BENAVIDES DIVISION CHIEF, PENSION CONTRACTS AND PREFUNDING PROGRAMS CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM To be completed by CalPERS The effective date of this Agreement is: _________________________ F.10.a Packet Pg. 151 At t a c h m e n t : p r e f u n d - o p e b - a g r e e m e n t ( U n f u n d e d O P E B L i a b i l i t y ) California Public Employees’ Retirement System California Employers’ Retiree Benefit Trust (CERBT) 400 Q Street, Sacramento, CA 95811 www.calpers.ca.gov Delegation of Authority to Request Disbursements California Employers’ Retiree Benefit Trust (CERBT) RESOLUTION OF THE (GOVERNING BODY) OF THE (NAME OF EMPLOYER) The delegates to the incumbents (GOVERNING BODY) in the positions of and (TITLE) and/or (TITLE) authority to request on (TITLE) behalf of the Employer disbursements from the Other Post Employment Prefunding Plan and to certify as to the purpose for which the disbursed funds will be used. By Title Witness Date F.10.b Packet Pg. 152 At t a c h m e n t : d e l e g a t i o n - a u t h o r i t y ( U n f u n d e d O P E B L i a b i l i t y ) May 31, 2022 Asset Class Target 1Allocation Target Range Benchmark Global Equity 59%± 5%MSCI All Country World Index IMI (Net) Fixed Income 25%± 5%Bloomberg Long Liability IndexTreasury Inflation-Protected Securities ("TIPS")5%± 3%Bloomberg US TIPS Index, Series LReal Estate Investment Trusts ("REITs")8%± 5%FTSE EPRA/NAREIT Developed Index (Net) Commodities 3%± 3%S&P GSCI Total Return Index Cash -+ 2%91-Day Treasury Bill 1 Allocations were approved by the Board at the May 2018 Investment Committee meeting. Assets Under Management As of the specified reporting month-end: SKB0 CERBT Strategy 1 Annual Operating Ratio $13,674,698,747 0.10% CERBT Strategy 1 Performance as of May 31, 2022 1 Month 3 Months Fiscal YTD 1 Year 3 Years*5 Years*10 Years* Since Inception* (June 1, 2007) 1,3 Gross Return -0.10%-5.87%-7.18%-5.84%8.61%7.13%8.00%5.37% 2,3 Net Return -0.10%-5.89%-7.25%-5.92%8.52%7.04%7.90%5.29% Benchmark Returns -0.16%-5.95%-7.33%-6.03%8.35%6.85%7.66%4.96% 4 Standard Deviation ----12.98%11.36%9.51%12.65% * Returns for periods greater than one year are annualized. 1 Gross returns are net of SSGA operating expenses. 2 Net returns are net of SSGA operating expenses, investment management, administrative and recordkeeping fees. 3 Expenses are described in more detail on page 2 of this document. 4 Standard deviation is based on gross returns and is reported for periods greater than 3 years. California Employers' Retiree Benefit Trust (CERBT) CERBT Strategy 1 ObjectiveThe CERBT Strategy 1 portfolio seeks to provide capital appreciation and income consistent with its strategic asset allocation. There is no guarantee that the portfolio will achieve its investment objective. StrategyThe CERBT Strategy 1 portfolio is invested in various asset classes. CalPERS periodically adjusts the composition of the portfolio in order to match the target allocations. Generally, equities are intended to help build the value of the employer’s portfolio over the long term while bonds are intended to help provide income and stability of principal. Also, strategies invested in a higher percentage of equities seek higher investment returns (but assume more risk) compared with strategies invested in a higher percentage of bonds. Compared with CERBT Strategy 2 and Strategy 3, this portfolio has a higher allocation to equities than bonds and other assets. Historically, equities have displayed greater price volatility and, therefore, this portfolio may experience greater fluctuation of value. Employers that seek higher investment returns, and are able to accept greater risk and tolerate more fluctuation in returns, may wish to consider this portfolio. CalPERS Board may change the list of approved asset classes in composition as well as targeted allocation percentages and ranges at any time. CompositionAsset Class Allocations and BenchmarksThe CERBT Strategy 1 portfolio consists of the following asset classes and corresponding benchmarks: Portfolio BenchmarkThe CERBT Strategy 1 benchmark is a composite of underlying asset class market indices, each assigned the target weight for the asset class it represents. Target vs. Actual Asset Class AllocationsThe following chart shows policy target allocations compared with actual asset allocations as of the specified reporting month-end. CalPERS may temporarily deviate from the target allocation to a particular asset class based on market, economic, or other considerations. 0% 20% 40% 60% 80% GlobalEquity FixedIncome TIPS REITs Commodities Cash CERBT Strategy 1 Target Actual F.10.c Packet Pg. 153 At t a c h m e n t : c e r b t - s t r a t e g y - 1 ( U n f u n d e d O P E B L i a b i l i t y ) May 31, 2022 CERBT Strategy Risk Levels CalPERS offers employers the choice of one of three investment strategies. Projected risk levels among strategies vary, depending upon the target asset class allocations. Generally, equities carry more risk than fixed income securities. Asset Class Target Allocations Strategy 1 Strategy 2 Strategy 3 Global Equity 59%40%22% Fixed Income 25%43%49% Treasury Inflation-Protected Securites 5%5%16% Real Estate Investment Trusts 8%8%8% Commodities 3%4%5% 1 Since June 2018, SSGA has passively managed all CERBT asset classes. Previously, Fixed Income, TIPS and Commodity asset classes were managed internally by CalPERS. California Employers' Retiree Benefit Trust (CERBT) CERBT Strategy 1 General Information Information AccessibilityThe CERBT Strategy 1 portfolio consists of assets managed internally by CalPERS and/or by external advisors. Since it is not a mutual fund, a prospectus is not available and daily holdings are not published. CalPERS provides a quarterly statement of the employer’s account and other information about the CERBT. For total market value, detailed asset allocation, investment policy and current performance information, please visit our website at: www.calpers.ca.gov. Portfolio Manager InformationThe CalPERS Board, through its Investment Committee,directs the CERBT investment strategy based on policies approved by the Board of Administration.State Street Global Advisors (SSGA) manages all underlying investments for CERBT, which include: Global Equity, Fixed Income, Real Estate Investment Trusts, Treasury Inflation-Protected Securities, and Commodities.1 Custodian and Record KeeperState Street Bank serves as custodian for the CERBT. Northeast Retirement Services serves as recordkeeper. ExpensesCERBT is a self-funded trust in which participating employers pay for all administrative and investment expenses. Expenses reduce the gross investment return by the fee amount. The larger the expenses, the greater the reduction of investment return. Currently, CERBT expenses are 0.10% which consist of administrative expenses borne by CalPERS to administer and oversee the Trust assets, investment management and administrative fees paid to SSGA to manage all asset classes, and recordkeeping fees paid to Northeast Retirement Services to administer individual employer accounts. The expenses described herein are reflected in the net asset value per unit. The expense ratio is subject to change at any time and without prior notification due to factors such as changes to average fund assets or market conditions.CalPERS reviews the operating expenses annually and changes may be made as appropriate. Even if the portfolio loses money during a period, the expenses will still be charged. What Employers OwnEach employer invested in CERBT Strategy 1 owns units of this portfolio, which invests in pooled asset classes managed by CalPERS and/or external advisors. Employers do not have direct ownership of the securities in the portfolio. PriceThe value of the portfolio changes daily based upon the market value of the underlying securities. Just as prices of individual securities fluctuate, the portfolio’s value also changes with market conditions. Principal Risks of the PortfolioThe CalPERS CERBT Fund provides California government employers with a trust through which they may prefund retiree medical costs and other post-employment benefits (OPEB). CERBT is not, however, a defined benefit plan. There is no guarantee that the portfolio will achieve its investment objectives or provide sufficient funding to meet employer obligations. Further, CalPERS will not make up the difference between an employer's CERBT assets and the actual cost of OPEB provided to an employer's plan members. An investment in the portfolio is not a bank deposit,nor is it insured or guaranteed by the Federal Deposit Insurance Corporation (FDIC), CalPERS, the State of California or any other government agency. There are risks associated with investing, including possible loss of principal. The portfolio’s risk depends in part on the portfolio’s asset class allocations and the selection, weighting and risks of the underlying investments. For more information about investment risks, please see the document entitled “CERBT Principal Investment Risks” located at www.calpers.ca.gov. Fund PerformancePerformance data shown on page 1 represents past performance and is no guarantee of future results. The investment return and principal value of an investment will fluctuate so that an employer’s units, when redeemed, may be worth more or less than their original cost. Current performance may be higher or lower than historical performance data shown. For current performance information, please visit www.calpers.ca.gov and follow the links to California Employers' Retiree Benefit Trust. F.10.c Packet Pg. 154 At t a c h m e n t : c e r b t - s t r a t e g y - 1 ( U n f u n d e d O P E B L i a b i l i t y ) May 31, 2022 Asset Class Target 1Allocation Target Range Benchmark Global Equity 40%± 5%MSCI All Country World Index IMI (Net) Fixed Income 43%± 5%Bloomberg Long Liability IndexTreasury Inflation-Protected Securities ("TIPS")5%± 3%Bloomberg US TIPS Index, Series LReal Estate Investment Trusts ("REITs")8%± 5%FTSE EPRA/NAREIT Developed Index (Net) Commodities 4%± 3%S&P GSCI Total Return Index Cash -+ 2%91-Day Treasury Bill 1 Allocations were approved by the Board at the May 2018 Investment Committee meeting. Assets Under Management As of the specified reporting month-end: SKB7 CERBT Strategy 2 Annual Operating Ratio $1,839,218,667 0.10% CERBT Strategy 2 Performance as of May 31, 2022 Since Inception* 1 Month 3 Months Fiscal YTD 1 Year 3 Years*5 Years*10 Years*(October 1, 2011) 1,3 Gross Return -0.05%-6.26%-7.43%-5.95%6.59%5.89%6.62%6.91% 2,3 Net Return -0.06%-6.28%-7.50%-6.03%6.50%5.80%6.52%6.80% Benchmark Returns -0.08%-6.30%-7.51%-6.07%6.41%5.66%6.30%6.64% 4 Standard Deviation ----10.39%9.00%7.66%7.97% * Returns for periods greater than one year are annualized. 1 Gross returns are net of SSGA operating expenses.2 Net returns are net of SSGA operating expenses, investment management, administrative and recordkeeping fees.3 Expenses are described in more detail on page 2 of this document. 4 Standard deviation is based on gross returns and is reported for periods greater than 3 years. California Employers' Retiree Benefit Trust (CERBT) CERBT Strategy 2 ObjectiveThe CERBT Strategy 2 portfolio seeks to provide capital appreciation and income consistent with its strategic asset allocation. There is no guarantee that the portfolio will achieve its investment objective. StrategyThe CERBT Strategy 2 portfolio is invested in various asset classes. CalPERS periodically adjusts the composition of the portfolio in order to match the target allocations. Generally, equities are intended to help build the value of the employer’s portfolio over the long term while bonds are intended to help provide income and stability of principal. Also, strategies invested in a higher percentage of equities seek higher investment returns (but assume more risk) compared with strategies invested in a higher percentage of bonds. Compared with CERBT Strategy 1 and Strategy 3, this portfolio has a moderate allocation to equities, bonds and other assets. Historically, equities have displayed greater price volatility and, therefore, this portfolio may experience comparatively less fluctuation of value compared to CERBT Strategy 1 but more fluctuation of value compared to CERBT Strategy 3. Employers that seek a moderate approach to investing may wish to consider this portfolio. CalPERS Board may change the list of approved asset classes in composition as well as targeted allocation percentages and ranges at any time. CompositionAsset Class Allocations and BenchmarksThe CERBT Strategy 2 portfolio consists of the following asset classes and corresponding benchmarks: Portfolio Benchmark The CERBT Strategy 2 benchmark is a composite of underlying asset class market indices, each assigned the target weight for the asset class it represents. Target vs. Actual Asset Class AllocationsThe following chart shows policy target allocations compared with actual asset allocations as of the specified reporting month-end. CalPERS may temporarily deviate from the target allocation to a particular asset class based on market, economic, or other considerations. 0% 20% 40% 60% GlobalEquity FixedIncome TIPS REITs Commodities Cash Target ActualCERBT Strategy2 F.10.d Packet Pg. 155 At t a c h m e n t : c e r b t - s t r a t e g y - 2 ( U n f u n d e d O P E B L i a b i l i t y ) May 31, 2022 CERBT Strategy Risk Levels CalPERS offers employers the choice of one of three investment strategies. Projected risk levels among strategies vary, depending upon the target asset class allocations. Generally, equities carry more risk than fixed income securities. 1 Asset Class Target Allocations Strategy 1 Strategy 2 Strategy 3 Global Equity 59%40%22% Fixed Income 25%43%49% Treasury Inflation-Protected Securites 5%5%16% Real Estate Investment Trusts 8%8%8% Commodities 3%4%5% 1 Since June 2018, SSGA has passively managed all CERBT asset classes. Previously, Fixed Income, TIPS and Commodity asset classes were managed internally by CalPERS. California Employers' Retiree Benefit Trust (CERBT) CERBT Strategy 2 General Information Information AccessibilityThe CERBT Strategy 2 portfolio consists of assets managed internally by CalPERS and/or by external advisors. Since it is not a mutual fund, a prospectus is not available and daily holdings are not published. CalPERS provides a quarterly statement of the employer’s account and other information about the CERBT. For total market value, detailed asset allocation, investment policy and current performance information, please visit our website at: www.calpers.ca.gov. Portfolio Manager InformationThe CalPERS Board, through its Investment Committee,directs the CERBT investment strategy based on policies approved by the Board of Administration.State Street Global Advisors (SSGA) manages all underlying investments for CERBT, which include: Global Equity, Fixed Income, Real Estate Investment Trusts, Treasury Inflation-Protected Securities, and Commodities.1 Custodian and Record Keeper State Street Bank serves as custodian for the CERBT. Northeast Retirement Services serves as recordkeeper. Expenses CERBT is a self-funded trust in which participating employers pay for all administrative and investment expenses. Expenses reduce the gross investment return by the fee amount. The larger the expenses, the greater the reduction of investment return. Currently, CERBT expenses are 0.10% which consist of administrative expenses borne by CalPERS to administer and oversee the Trust assets, investment management and administrative fees paid to SSGA to manage all asset classes, and recordkeeping fees paid to Northeast Retirement Services to administer individual employer accounts. The expenses described herein are reflected in the net asset value per unit. The expense ratio is subject to change at any time and without prior notification due to factors such as changes to average fund assets or market conditions.CalPERS reviews the operating expenses annually and changes may be made as appropriate. Even if the portfolio loses money during a period, the expenses will still be charged. What Employers OwnEach employer invested in CERBT Strategy 2 owns units of this portfolio, which invests in pooled asset classes managed by CalPERS and/or external advisors. Employers do not have direct ownership of the securities in the portfolio. PriceThe value of the portfolio changes daily based upon the market value of the underlying securities. Just as prices of individual securities fluctuate, the portfolio’s value also changes with market conditions. Principal Risks of the Portfolio The CalPERS CERBT Fund provides California government employers witha trust through which they may prefund retiree medical costs and other post-employment benefits (OPEB). CERBT is not, however, a defined benefit plan. There is no guarantee that the portfolio will achieve its investment objectives or provide sufficient funding to meet employer obligations. Further, CalPERS will not make up the difference between an employer's CERBT assets and the actual cost of OPEB provided to an employer's plan members. An investment in the portfolio is not a bank deposit, nor is it insured or guaranteed by the Federal Deposit Insurance Corporation (FDIC), CalPERS, the State of California or any other government agency. There are risks associated with investing, including possible loss of principal. The portfolio’s risk depends in part on the portfolio’s asset class allocations and the selection, weighting and risks of the underlying investments. For more information about investment risks, please see the document entitled “CERBT Principal Investment Risks” located at www.calpers.ca.gov. Fund PerformancePerformance data shown on page 1 represents past performance and is no guarantee of future results. The investment return and principal value of an investment will fluctuate so that an employer’s units, when redeemed, may be worth more or less than their original cost. Current performance may be higher or lower than historical performance data shown. For current performance information, please visit www.calpers.ca.gov and follow the links to California Employers' Retiree Benefit Trust. F.10.d Packet Pg. 156 At t a c h m e n t : c e r b t - s t r a t e g y - 2 ( U n f u n d e d O P E B L i a b i l i t y ) May 31, 2022 Asset Class Target 1Allocation Target Range Benchmark Global Equity 22%± 5%MSCI All Country World Index IMI (Net) Fixed Income 49%± 5%Bloomberg Long Liability IndexTreasury Inflation- Protected Securities 16%± 3%Bloomberg US TIPS Index, Series LReal Estate Investment Trusts ("REITs")8%± 5%FTSE EPRA/NAREIT Developed Index (Net) Commodities 5%± 3%S&P GSCI Total Return Index Cash -+ 2%91-Day Treasury Bill 1 Allocations were approved by the Board at the May 2018 Investment Committee meeting. Assets Under Management As of the specified reporting month-end: SKB8 CERBT Strategy 3 Annual Operating Ratio $797,106,117 0.10% CERBT Strategy 3 Performance as of May 31, 2022 Since Inception* 1 Month 3 Months Fiscal YTD 1 Year 3 Years*5 Years*10 Years*(January 1, 2012) 1,3 Gross Return -0.12%-6.09%-6.46%-4.98%5.11%4.87%5.25%5.32% 2,3 Net Return -0.12%-6.11%-6.53%-5.06%5.02%4.78%5.15%5.22% Benchmark Returns -0.13%-6.09%-6.48%-5.01%4.97%4.68%4.94%5.04% 4 Standard Deviation ----8.15%7.01%6.11%6.15% * Returns for periods greater than one year are annualized. 1 Gross returns are net of SSGA operating expenses.2 Net returns are net of SSGA operating expenses, investment management, administrative and recordkeeping fees.3 Expenses are described in more detail on page 2 of this document.4 Standard deviation is based on gross returns and is reported for periods greater than 3 years. California Employers' Retiree Benefit Trust (CERBT) CERBT Strategy 3 ObjectiveThe CERBT Strategy 3 portfolio seeks to provide capital appreciation and income consistent with its strategic asset allocation. There is no guarantee that the portfolio will achieve its investment objective. Strategy The CERBT Strategy 3 portfolio is invested in various asset classes. CalPERS periodically adjusts the composition of the portfolio in order to match the target allocations. Generally, equities are intended to help build the value of the employer’s portfolio over the long term while bonds are intended to help provide income and stability of principal. Also, strategies invested in a higher percentage of equities seek higher investment returns (but assume more risk) compared with strategies invested in a higher percentage of bonds. Compared with CERBT Strategy 1 and Strategy 2, this portfolio has a lower allocation to equities than bonds and other assets. Historically, funds with a lower percentage of equities have displayed less price volatility and, therefore, this portfolio may experience comparatively less fluctuation of value. Employers that seek greater stability of value, in exchange for possible lower investment returns, may wish to consider this portfolio. CalPERS Board may change the list of approved asset classes in composition as well as targeted allocation percentages and ranges at any time. CompositionAsset Class Allocations and BenchmarksThe CERBT Strategy 3 portfolio consists of the following asset classes and corresponding benchmarks: Portfolio BenchmarkThe CERBT Strategy 3 benchmark is a composite of underlying asset class market indices, each assigned the target weight for the asset class it represents. Target vs. Actual Asset Class AllocationsThe following chart shows policy target allocations compared with actual asset allocations as of the specified reporting month-end. CalPERS may temporarily deviate from the target allocation to a particular asset class based on market, economic, or other considerations. 0% 20% 40% 60% GlobalEquity FixedIncome TIPS REITs Commodities Cash Target ActualCERBT Strategy3 F.10.e Packet Pg. 157 At t a c h m e n t : c e r b t - s t r a t e g y - 3 ( U n f u n d e d O P E B L i a b i l i t y ) May 31, 2022 CERBT Strategy Risk Levels CalPERS offers employers the choice of one of three investment strategies. Projected risk levels among strategies vary, depending upon the target asset class allocations. Generally, equities carry more risk than fixed income securities. 1 Asset Class Target Allocations Strategy 1 Strategy 2 Strategy 3 Global Equity 59%40%22% Fixed Income 25%43%49% Treasury Inflation-Protected Securites 5%5%16% Real Estate Investment Trusts 8%8%8% Commodities 3%4%5% 1 Since June 2018 SSGA has passively managed all CERBT asset classes. Previously Fixed Income, TIPS and Commodity asset classes were managed internally by CalPERS. California Employers' Retiree Benefit Trust (CERBT) CERBT Strategy 3 General Information Information AccessibilityThe CERBT Strategy 3 portfolio consists of assets managed internally by CalPERS and/or by external advisors. Since it is not a mutual fund, a prospectus is not available and daily holdings are not published. CalPERS provides a quarterly statement of the employer’s account and other information about the CERBT. For total market value, detailed asset allocation, investment policy and current performance information, please visit our website at: www.calpers.ca.gov. Portfolio Manager InformationThe CalPERS Board, through its Investment Committee,directs the CERBT investment strategy based on policies approved by the Board of Administration.State Street Global Advisors (SSGA) manages all underlying investments for CERBT, which include: Global Equity, Fixed Income, Real Estate Investment Trusts, Treasury Inflation-Protected Securities, and Commodities.1 Custodian and Record Keeper State Street Bank serves as custodian for the CERBT. Northeast Retirement Services serves as recordkeeper. Expenses CERBT is a self-funded trust in which participating employers pay for all administrative and investment expenses. Expenses reduce the gross investment return by the fee amount. The larger the expenses, the greater the reduction of investment return. Currently, CERBT expenses are 0.10% which consist of administrative expenses borne by CalPERS to administer and oversee the Trust assets, investment management and administrative fees paid to SSGA to manage all asset classes, and recordkeeping fees paid to Northeast Retirement Services to administer individual employer accounts. The expenses described herein are reflected in the net asset value per unit. The expense ratio is subject to change at any time and without prior notification due to factors such as changes to average fund assets or market conditions.CalPERS reviews the operating expenses annually and changes may be made as appropriate. Even if the portfolio loses money during a period, the expenses will still be charged. What Employers OwnEach employer invested in CERBT Strategy 3 owns units of this portfolio, which invests in pooled asset classes managed by CalPERS and/or external advisors. Employers do not have direct ownership of the securities in the portfolio. PriceThe value of the portfolio changes daily based upon the market value of the underlying securities. Just as prices of individual securities fluctuate, the portfolio’s value also changes with market conditions. Principal Risks of the Portfolio The CalPERS CERBT Fund provides California government employers with a trust through which they may prefund retiree medical costs and other post-employment benefits (OPEB). CERBT is not, however, a defined benefit plan. There is no guarantee that the portfolio will achieve its investment objectives or provide sufficient funding to meet employer obligations. Further, CalPERS will not make up the difference between an employer's CERBT assets and the actual cost of OPEB provided to an employer's plan members. An investment in the portfolio is not a bank deposit,nor is it insured or guaranteed by the Federal Deposit Insurance Corporation (FDIC), CalPERS, the State of California or any other government agency. There are risks associated with investing, including possible loss of principal. The portfolio’s risk depends in part on the portfolio’s asset class allocations and the selection, weighting and risks of the underlying investments. For more information about investment risks, please see the document entitled “CERBT Principal Investment Risks” located at www.calpers.ca.gov. Fund PerformancePerformance data shown on page 1 represents past performance and is no guarantee of future results. The investment return and principal value of an investment will fluctuate so that an employer’s units, when redeemed, may be worth more or less than their original cost. Current performance may be higher or lower than historical performance data shown. For current performance information, please visit www.calpers.ca.gov and follow the links to California Employers' Retiree Benefit Trust. F.10.e Packet Pg. 158 At t a c h m e n t : c e r b t - s t r a t e g y - 3 ( U n f u n d e d O P E B L i a b i l i t y ) AGENDA REPORT MEETING DATE: September 13, 2022 Council & Successor Agency Item TITLE: Approval of Revisions to the City's Fiscal Policies and 1St Reading of Changes to Ordinance No. 267, Section 32.24.070 B and 32.24.080 PRESENTED BY: Terry Shea, Interim Finance Director RECOMMENDATION: Approve the proposed revisions to the attached fiscal policies and 1st Reading of changes to Ordinance No. 267, Section 3.24.070 B and Section 3.24.080. 2030 VISION STATEMENT: This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability,” through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations. BACKGROUND: In May 2014, the City’s fiscal policies were approved by City Council. These core fiscal policies provide a solid framework for the financial administration of the City. The City’s fiscal policies were revised in September 2015. All policies are subject to update and revision as operational needs and circumstances change. Likewise, there will be a need to add or revise policies over time to reflect new operational areas. DISCUSSION: The Finance Department has committed to developing a core set of fiscal policies to improve the City’s internal controls, accountability and overall financial management. The following is a listing of the policies that have been approved and those in bold and highlighted in red have been revised for City Council review and approval: Policies Related to Safeguarding of Assets (Section 1) • Cash Handling & Control (1.01) (changes made on pg. 1, 2, 3, 4, 6, 7, & 8) • Petty Cash Funds & Change Boxes (1.02) (changes made on pg. 1 & 2) • Accounts Receivable (1.03) • Investments (1.04) (changes made on pg. 1 & 3) • Fixed Assets (1.05) (changes made on pg. 3) • Disposition of Surplus Property (1.06) • Fraud Prevention & Detection (1.07) Policies Related to Liability (Section 2) • Accounts Payable (2.01) G.11 Packet Pg. 159 Policies Related to General Fiscal Management (Section 3) • Purchasing (3.01) (changes made on pg.1, 2, 3, 5, & 6) • Budget Appropriation Adjustments (3.02) • Travel & Related Business Expenses (3.03) (changes made on pg. 4, 5, & Exhibit A) • Grants (3.04) • Donations (3.05) • Reserves (3.06) • Unclaimed Money (3.07) (changes made on pg. 1) Therefore, the attached fiscal policies represent a foundation for the City’s fiscal policy framework, which will be updated periodically on an ongoing basis. FISCAL IMPACT: There is no fiscal impact associated with approval of the attached fiscal policies. ATTACHMENTS: • Fiscal Policies - Updated 09-13-2022 (PDF) • Fiscal Policies Ordinance (DOC) APPROVALS: Terry Shea Completed 08/31/2022 1:57 PM Finance Completed 09/01/2022 9:38 AM City Manager Completed 09/01/2022 12:38 PM City Council Pending 09/13/2022 6:00 PM G.11 Packet Pg. 160 City of Grand Terrace Fiscal Policies revised September 13, 2022 G.11.a Packet Pg. 161 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policies Table of Contents Policies Related to Safeguarding of Assets (Section 1) Page •Cash Handling & Control (1.01) ........................................................................ 1 •Petty Cash Funds & Change Boxes (1.02) ........................................................9 •Accounts Receivable (1.03) ............................................................................ 13 -Application for Discharge of Accountability (Exhibit A) .............................. 18 •Investments (1.04) .......................................................................................... 19 •Fixed Assets (1.05) ......................................................................................... 23 •Disposition of Surplus Property (1.06) ............................................................ 26 -Surplus Property Form (Exhibit A) ............................................................. 27 •Fraud Prevention & Detection (1.07) .............................................................. 28 Policies Related to Liability (Section 2) •Accounts Payable (2.01) ................................................................................ 35 Policies Related to General Fiscal Management (Section 3) •Purchasing (3.01.01) ..................................................................................... 38 -Environmentally Preferred Purchasing (3.01.02) ....................................... 44 •Budget Appropriation Adjustments (3.02) ....................................................... 52 -Budget Appropriation Adjustment Form (Exhibit A) ................................... 55 •Travel & Related Business Expenses (3.03) .................................................. 56 -Travel Authorization & Expense Reporting Form (Exhibit A) ..................... 67 •Grants (3.04) .................................................................................................. 69 -Grant Proposal Informational Form (Exhibit A) .......................................... 74 -Grant Cost/Benefit Worksheet (Exhibit B) ................................................. 76 •Donations (3.05) ............................................................................................. 77 -Donation Receipt Form (Exhibit A) ............................................................ 81 •Reserves (3.06) .............................................................................................. 82 •Unclaimed Money (3.07) ................................................................................ 86 -Sample Public Notice (Exhibit A) ................................................................89 -Claim Form (Exhibit B) ...............................................................................90 G.11.a Packet Pg. 162 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.01 Subject: Cash Handling & Control Effective Date: 9/8/14 09/13/2022 Page 1 of 8 PURPOSE: The purpose of this policy is to establish the practice by which all cash receipts, or cash equivalents, tendered to the City will be accepted, documented, recorded, safeguarded and deposited. This policy is also intended to provide staff with acceptable practices in the handling and safekeeping of cash or cash equivalents. DEFINITIONS: Cashier: Anyone who accepts payments on behalf of the City. Cash Receipts: Includes coin, currency, checks, money orders, or other cash equivalents that may be processed by a financial institution. (Debit and credit card payments are also considered Cash Receipts, although they are not currently accepted by the City.).) Cash Receipt Location (CRL): A physical location, other than the Main Cashier at City Hall, which has been designated as a location to collect and receipt cash for the City of Grand Terrace. Main Cashier: Located at the front counter of the Finance Department in City Hall. Point of Sale System (POS): A software program that can be run either on a stand-alone computer or on a network and allows for the recording of cash collection and receipting related to payments for goods or services. Remote Deposit: The process for scanning and transmitting checks to the bank electronically for deposit. Returned Items: Transactions that have been presented to the bank for deposit and returned to the City due to account balance or status issues. Such transactions could include but are not limited to Non-Sufficient Funds (NSF) or closed accounts. Starter Checks: Checks that are issued to a bank depositor upon the opening of a new checking account. These checks typically do not contain any address or telephone information related to the depositor. POLICY: I. Responsibility A. The Finance Director has oversight, fiduciary, and administrative responsibility for all cash collections performed by City staff or on behalf of the City by contractors. B. The Finance Director has the responsibility and authority to ensure that all cash handling is performed according to this policy. C. This responsibility shall include: G.11.a Packet Pg. 163 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.01 Subject: Cash Handling & Control Effective Date: 9/8/14 09/13/2022 Page 2 of 8 1. To act as an advisor for cash handling activities performed by City staff. 2. To oversee the cash handling activities on behalf of the City. 3. To verify that all deposits are handled and prepared in accordance with City policy. 4. To review and implement internal controls as needed to ensure the safety of City cash and cash equivalents. II. Scope A. This policy shall apply to all locations that collect cash or cash equivalents on behalf of the City. B. In some cases due to the nature of the collection activity, specialized procedures may be developed which are different than those outlined within this policy. In these cases these procedures must be approved by the Finance Director prior to their implementation. C. Entities that collect funds on behalf of the City, through a contractual relationship, may adopt policies and procedures that differ from those outlined herein. In such cases, these documents must be reviewed and approved by the Finance Director. III. Internal Controls A. Standard accounting internal control procedures will be established and followed. B. Standard accounting internal controls include but are not limited to: 1. Separation of duties. (For example, the person preparing the deposit should be different from the person who accepted the payment and receipted the transaction, when it is practical to do so from a staffing standpoint.) 2. Periodic reconciliation of accounts by someone independent of the cash handling or recording functions. 3. Document Control. Unused manual receipt books should be maintained in a secured location with access limited to authorized staff. IV. Collection Locations A. The Main Cashier in the Finance Department is designated as the primary location for the collection and deposit of cash receipts. A Cash Receipt Location has also been authorized for the Community Development Department (CDD) counter and Child Care Center. B. Cash Receipts received by the City should be deposited in the City’s bank whenever accumulated deposits total $5,000 500 or at least once a week. more. G.11.a Packet Pg. 164 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.01 Subject: Cash Handling & Control Effective Date: 9/8/14 09/13/2022 Page 3 of 8 Cash deposits will be made in person at the bank; check deposits may be made in person at the bank or via Remote Deposit. Deposits processed by the Child Care Center require a deposit slip submitted to Finance for bank reconciliation purposes. When the appropriate account coding is not immediately available, the payment should be deposited and coded to a suspense account until such time that the coding is identified and communicated to Finance staff. Items placed in suspense need to be identified and reclassified to their correct account within ten working days or by the calendar month-end. C. Any request for the collection of cash receipts at a location other than the Main Cashier, or CDD counter or Child Care Center must be authorized by the Finance Director and should include the following information: 1. How customer service will be improved through the processing of payments.. 2. The cash custodian(s). 3. How cash activities will be accounted for (for example, cash register, hand receipts, etc.). 4. How cash receipts will be safeguarded (for example, safe or lockbox) 5. How deposits will be managed. D. A list of approved collection locations will be maintained by the Finance Department. E. All Cash Receipts will be maintained in a secured area with limited access. F. The establishment of change funds to support collection operations will follow the guidelines set forth in Fiscal Policy No. 1.02 (Petty Cash Funds & Change Boxes). G. All City employees who handle cash will be included under the City’s insurance coverage. V. Methods of Payment A. The following methods of payment will be accepted: 1. Cash 2. Checks 3. Money Orders 4. Traveler’s Checks 5. Wires / Electronic Funds Transfer (EFT) 6. Other forms of tender as approved by the Finance Director and the City’s bank. 7. Credit Card Payments (Visa, Mastercard, or Discover) 8. Debit card payments Note: Debit card payments are currently not accepted but will be recognized as an allowable payment method once the City has established the procedures to process such payments. B. Checks G.11.a Packet Pg. 165 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.01 Subject: Cash Handling & Control Effective Date: 9/8/14 09/13/2022 Page 4 of 8 1. Checks, Money Orders and Traveler’s Checks are to be made payable to the City of Grand Terrace. 2. Change will not be made for checks written in excess of the invoice amount. In cases where the amount of the check is in excess of the invoice amount the difference will be refunded by means of a City check. 3. Personal Checks a. Personal checks presented in person must have the customer’s name and address preprinted on the face of the check. b. Starter/Blank checks are not to be accepted without the approval of the Finance Director. Proper identification must be provided and the name, address and phone number will be placed on the face of the check. c. Returned Items i. Returned Items will be subject to a returned check fee. ii. The amount of the Returned Check Fee will be determined annually and published in the City’s Fee Schedule. iii. Payors may not replace the returned item(s) in the same manner as the original presentment. (For example if the customer provided an NSF personal check they cannot replace this with another personal check.) iv. Upon the occurrence of a returned item, Finance staff will notify the accepting department so that the related goods or services can be held until the item is replaced. v. The Finance Department will maintain a list of customers who have presented payments that have been returned. The City may require other forms of payment from customers who have recurring issues with returned payments. d. Checks will not be accepted for the following reasons: i. Post-Dated Checks (Checks written on a future date) ii. Stale Dated Checks (Checks written 30 days prior) iii. Checks drawn on foreign currency e. The following personal check transactions will not be performed: i. No cash may be given as change for a personal check transaction. If a check is accepted for an amount greater than the cost of the service, a payment request must be prepared and processed as a refund once the check has cleared. In the case of business license renewals, a credit may be applied to the account. No Exceptions. (This constitutes an illegal loan of City funds.) ii. City employee personal checks will not be redeemed (cashed) for cash. iii. No two-party checks will be accepted. (A two-party check is made G.11.a Packet Pg. 166 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.01 Subject: Cash Handling & Control Effective Date: 9/8/14 09/13/2022 Page 5 of 8 payable to one party and endorsed to the City) f. When checks are received through the mail the following requirements will be met: i. Checks will be restrictively endorsed. The first employee at a Cash Receipt Location to come in contact with a check is responsible to have the check restrictively endorsed. Endorsement stamps will be obtained from the Finance Director or his/her designee. In the case of checks processed through the Remote Deposit process, the endorsement is automatically generated. ii. If the check is payable to the City but lacks sufficient information to identify the appropriate general ledger account number, write “SUSPENSE” on the deposit form and present to the Main Cashier or Finance Department staff. The check will then be deposited into the bank. When the appropriate general ledger account number is identified, provide the coding to Finance so that the funds can be properly applied to the account. The appropriate account should be identified prior to the month-end closing. 4. Business Checks Company checks will be inspected to ensure that multiple signatures are in place if required or if a “not valid over $” statement is included. 5. Traveler’s Checks a. Traveler’s checks are treated as cash but will require the following actions: i. Cashier must witness the customer write in the payee. ii. Cashier must witness the customer countersign the check. iii. Signature and countersignature should be compared. b. Identification will be required. c. No traveler’s checks drawn on foreign funds will be accepted. 6. Cashier’s Checks / Personal Money Orders a. Cashier’s Checks and Personal Money Orders will be accepted. b. Identification will be required. 7. Currency a. Anyone receiving cash payments is responsible for exercising reasonable care in screening cash transactions for counterfeit currency. G.11.a Packet Pg. 167 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.01 Subject: Cash Handling & Control Effective Date: 9/8/14 09/13/2022 Page 6 of 8 b. Mutilated currency is still legal tender. Staff may ask customers to substitute another bill for the mutilated bill. If they cannot substitute the bill staff must accept the mutilated bill. i. Currency is considered mutilated if it is torn, written on, missing a portion, or otherwise damaged. ii. Mutilated currency will be exchanged at full value if ¾ of the two serial numbers are present. Currency that is less than ¾ intact will not be accepted due to its diminished redemptive value. iii. Mutilated currency should be removed from the deposit and returned separately to the bank for collection. 8. Wires / Electronic Fund Transfers (EFT) a. All wires or EFTs are to be coordinated through the Finance Director or his/her designee. b. Documentation supporting the wire/EFT and identifying the correct revenue coding will be provided to Finance staff prior to the anticipated date of receipt. This will assist Finance staff in their daily cash management planning. VI. Documentation of Transactions A. All transactions will be recorded by means of an acceptable method of documentation. B. Acceptable methods of documentation include: 1. Cash Register 2. Point of Sale System (POS) 3. Manual Receipt books as issued by the Finance Department. C. Customers must always be provided a receipt which provides the following information: 1. Amount Paid 2. Date of Transaction 3. Service or Product provided 4. Manner of payment D. Receipts 1. Receipts provided to customers will be pre-numbered and issued in numerical sequence by the receipting location (Finance,and CDD counter and Child Care Center). 2. Manual Receipting will be performed when necessary (e.g., during power outages, computer system failures, or special events) by utilizing City of Grand Terrace receipt books, which are maintained and issued by the Finance Department. G.11.a Packet Pg. 168 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.01 Subject: Cash Handling & Control Effective Date: 9/8/14 09/13/2022 Page 7 of 8 3. Receipts generated by POS systems or cash registers should have a system generated receipt number that should be unique and should be issued in sequence. E. When City of Grand Terrace manual receipts are issued, copies will be distributed in the following manner: 1. Customer 2. Issuing department 3. Cash drawer/transaction 4. Receipt book VII. Balancing and Reconciling A. It is the responsibility of each cashier to balance and reconcile his/her cash drawer(s) daily. Cash drawer(s) should be equal to the change fund plus the balance of cash receipt activity for the day or shift. B. Cash drawer(s) should be reconciled against the daily cash receipts report, cash register tape or calculator tape depending on whether the site uses a POS system, a cash register, or manual receipts. C. Overage / Shortage 1. When the amount in the cash drawer does not balance with the daily report, staff will report an Overage or a Shortage as appropriate. 2. When an Overage or Shortage is identified, staff will complete the City of Grand Terrace Overage/Shortage Form and submit with their deposit. 3. The Overage/Shortage form will require the following information: a. Date of Deposit b. Amount of overage/shortage c. Reason for overage/shortage d. Signature of staff responsible for drawer e. Signature of supervisor 4. The Overage/Shortage Form must accompany deposit to the Main Cashier. 5. Overages or Shortages in excess of $10 must be immediately brought to the attention of the Finance Director or his/her designee upon identification. 6. Under no circumstances is City staff allowed to balance overages by keeping the overage out of the deposit or balance shortages by taking money from other sources, such as out of pocket or money held back from a previous overage. VIII. Requirements for Deposit A. All cash receipts will be deposited into the City’s bank account in a timely manner to ensure the proper posting of accounts and to ensure the safety of staff and City funds. G.11.a Packet Pg. 169 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.01 Subject: Cash Handling & Control Effective Date: 9/8/14 09/13/2022 Page 8 of 8 1. Deposits can be made at the Main Cashier during City Hall business hours. 2. Deposits not taken to the bank the same day will be secured by Finance staff in a fireproof and locked cabinet or safe. A drop safe is utilized at the Child Care Center for checks not processed the same day as received. No cash is to be dropped off. B. All Cash Receipt Locations will prepare deposits whenever accumulated deposits total $5,000 500 or at least once a week more. C. Funds received by staff who are not designated as a Cash Receipt Location must be forwarded to the Finance Department the same day as received. D. Cash Receipts are not to be sent through the City’s interoffice mail system. G.11.a Packet Pg. 170 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.02 Subject: Petty Cash Funds & Change Boxes Effective Date: 5/13/14 09/13/2022 Page 1 of 4 PURPOSE: For Petty Cash – To authorize the use of petty cash funds for emergency purchases and minor out-of-pocket expense reimbursement. For Change Boxes – To authorize change boxes for the sole purpose of making change. DEFINITIONS: Petty Cash is defined as a small fund of cash that is maintained for the payment of incidental expenses. It may also be advanced to employees on an exception basis to make small, incidental purchases where payment by check is not possible or not feasible given the circumstances. It is also available on an exception basis to reimburse City officials or employees for prior-approved, City business-related purchases which were originally paid out-of-pocket, and where reimbursement by check is not feasible under the circumstances. Change Box is defined as a small fund of cash requiring a particular mix of denominations of dollar bills and coinage for the explicit purpose of making change. Reimbursements and advances for incidental City purchases may not be made from a change fund. POLICY: I. Approval to Make Purchases or Receive Reimbursement from Petty Cash A. Advance approval from the employee’s department head must always be obtained to make a Petty Cash purchase or to be reimbursed for out-of-pocket expenses from Petty Cash. Without prior approval, there should be no expectation that an out-of-pocket expense will be reimbursed by Petty Cash. For recurring purchases, a standing approval may be given by the department head so that advance approval is not needed for each transaction. B. Use of Petty Cash is considered an exception to the standard means of procuring supplies. Issuance of a City check shall be the preferred method of procurement. II. Establishment and Authorization of Petty Cash Funds A. Petty Cash funds have been established in the following amounts: City Hall (Finance Department) $1,000 550 Child Care Center $500 Community Services * $50 100 * Maintained in the Finance Department and used for special events such as Animal Licensing. B. Increasing the above amounts or establishing any additional Petty Cash funds requires written recommendation by the applicable department head and Finance Director, and approval by the City Manager. G.11.a Packet Pg. 171 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.02 Subject: Petty Cash Funds & Change Boxes Effective Date: 5/13/14 09/13/2022 Page 2 of 4 III. Maximum Limit For Petty Cash Expense or Reimbursement A. The maximum amount of Petty Cash that may be used for a particular expense or reimbursement shall be as follows: City Hall Petty Cash $200 Child Care Center Petty Cash $200 B. Any request to exceed above limits limit must be approved by the Finance Director or his/her designee. IV. Responsibilities and Procedures A. Fund Custodians 1. Finance Department staff shall maintain the City Hall Petty Cash fund. The Petty Cash fund maintained at the Child Care Center shall have a fund custodian appointed by the department head and an appropriate authorization form on file with the Finance Department. 2. At all times, and without exception, the total Petty Cash fund shall consist of cash or a combination of cash and approved Petty Cash Request Forms, which together total the authorized amount of the fund, as identified in Section II.A of this Policy. B. Procedures for Advancement of Petty Cash for Incidental Purchases 1. Whether Tthe request is to utilize the City Hall or Child Care Center Petty Cash fund, the requesting department or individual must complete a Petty Cash Request Form, which shall provide the date, dollar amount requested, description, account number to be charged, and the appropriate signature approvals. 2. In the event the amount requested exceeds the limits set forth in Section III.A of this policy, the signature of the Finance Director of his/her designee shall be obtained to approve the disbursement. 3. The Petty Cash Request Form must clearly indicate if the monies are being “Advanced”. 3. A receipt or other supporting documentation substantiating a purchase is to be obtained from the employee within two (2) working days following the purchase. 4. If the purchase was for less than the advanced amount, the fund custodian must note the actual amount on the voucher form, obtain the difference in cash from the recipient, and return this amount to the Petty G.11.a Packet Pg. 172 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.02 Subject: Petty Cash Funds & Change Boxes Effective Date: 5/13/14 09/13/2022 Page 3 of 4 Cash fund. The recipient and fund custodian should initial the revised voucher form as concurrence. 5. If the purchase was for more than the advanced amount, the recipient must submit a new and approved Petty Cash Request Form for the total amount of the purchase. The fund custodian will reimburse the recipient for his/her out-of-pocket amount and return the original Petty Cash Request Form previously submitted. C. Procedure for Use of Petty Cash for Out-of-Pocket Reimbursement 1. The requesting department or individual must complete the Petty Cash Request Form for review and approval. The completed form shall provide date, dollar amount requested, description, account number to be charged, and the appropriate signature approvals prior to presentation. 2. Actual receipts of the out-of-pocket purchase must be attached to the Petty Cash Request Form. 3. In the event the amount requested exceeds the limits set forth in Section III.A of this Policy, the signature of the Finance Director or his/her designee shall be obtained to approve the disbursement. D. Replenishment of the Petty Cash Fund To replenish the Petty Cash fund, the fund custodian will attach all receipts and the applicable Petty Cash Request Forms, complete a payment request form, obtain the appropriate authorization signatures, and submit the reimbursement request to the Finance Department. V. Approval to Establish or Increase a Petty Cash Fund A. The Finance Director shall be responsible for review of any request to establish or increase a Petty Cash fund; however, approval to establish a new fund or increase an existing fund requires approval of the City Manager. B. Such requests shall be submitted in writing to the Finance Director by the department head responsible, and shall include justification for the request. If the Finance Director is in agreement with the request, he/she will indicate his/her approval and forward the request to the City Manager for final approval. VI. Change Boxes A. Authorization and Control 1. Three (3) Change Boxes are currently authorized in the Finance Department and integrated with the cash register. 2. Each Change Box maintains cash and coin totaling $200. G.11.a Packet Pg. 173 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.02 Subject: Petty Cash Funds & Change Boxes Effective Date: 5/13/14 09/13/2022 Page 4 of 4 3. Each Cash Box has a separate custodian with individual password security and daily reconciliation. B. Responsibilities and Procedures 1. Departments maintaining Change Boxes shall appoint fund custodians. 2. The procedure for establishing or increasing the amount of a Change Box shall be the same as that for Petty Cash funds (see Section V of this policy). 3. Internal control procedures for Change Boxes shall be the same as those for Petty Cash (see Section VII of this policy). 4. Under no circumstances shall a Change Box be used to advance money or to reimburse for incidental purchases. VII. Internal Control A. Audits of Petty Cash Funds and Change Boxes 1. Audits of Petty Cash funds and Change Boxes will be the responsibility of the Finance Department and shall consist of unannounced cash counts on a periodic basis, but no less than semi-annually. 2. Petty Cash custodians shall have the responsibility to balance their respective Petty Cash funds and Change Boxes on no less than a monthly basis. 3. Any balancing discrepancies from the periodic cash counts must be brought to the immediate attention of the Finance Director. Notification shall consist of a memo from the department head detailing the known or presumed causes of the discrepancy. G.11.a Packet Pg. 174 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.03 Subject: Accounts Receivable Effective Date: 5/13/14 Page 1 of 5 PURPOSE: To establish uniform guidelines and principles for the recognition, recording, collection and write-off of accounts receivable related to goods or services provided by the City or for citations issued by or administered by the departments of the City. DEFINITIONS: Accounts Receivable: A debt owed to the City that arises in the normal course of business dealings and not supported by negotiable paper; a claim against a debtor usually arising from sales or services rendered. Accounts receivable include but are not limited to, rent, concession fees, permit fees, license fees, citations, and payments for goods and services. Allowance for Doubtful Accounts: A valuation account (i.e. contra asset) that is subtracted from the trade receivable on the balance sheet. Bad Debt: A past due account receivable that, despite best efforts by the City, remains unsatisfied and for which there is reasonable doubt that the underlying debt will be satisfied in whole or in part. The expense for a bad debt is recognized when the account receivable becomes doubtful, which typically occurs prior to the write-off of the receivable. The recording of Bad Debt is for accounting purposes only and this action does not discharge the debt. The debt is still owed to the City, however, the amount shown as owed to the City has been adjusted off the financial statement to reflect the doubtful collection. Cognizant Department: The department within the City that negotiated the agreement or contract, or issued the citation or invoice giving rise to the particular account receivable. Debt: In the context of this policy, debt refers to a sum of money due by express agreement between the City and another party or parties. Debt may be owed the City by an individual or by a business entity. Past Due: Refers to an account receivable for which payment has not been received by the established due date. Unearned Revenue: An accounting transaction where items are not recognized as revenue in the current period because they do not meet the “availability” or “collectability” standards in order to be recorded in the current period. Write-Off: An accounting transaction that removes an account receivable from the accounting books and records, and signals the end of any further collection efforts related to that account receivable. G.11.a Packet Pg. 175 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.03 Subject: Accounts Receivable Effective Date: 5/13/14 Page 2 of 5 POLICY: I. Scope This policy pertains to all accounts receivable City-wide whether processed through the City’s financial system or through other subsidiary systems or processes. Accounts receivable include all monies owed to the City for services performed, taxes levied, or citations issued for other persons or organizations including contracts, grants and leases. II. Responsibilities A. Finance Department: It is the responsibility of the Finance Department to perform the following functions: 1. Record the transaction in the City’s general ledger. 2. Maintain supporting documentation. 3. Bill the customer or reimbursing agency. The exception to this is in cases where the Cognizant Department performs the billing function. In such cases, the Finance Director must review and approve the billing and collection procedures. 4. Maintain an aging schedule of outstanding Accounts Receivable and follow up monthly via statements, collection notices or telephone contact, as appropriate, to collect any amounts outstanding more than 30 days. (Note: While monthly follow up and collection efforts are administered by the Finance Department, the Cognizant Department may be asked to assist with collection efforts due to their relationship with the customer or reimbursing agency.) 5. Coordinate the referral of uncollected Accounts Receivable to a collection agency, as applicable and further addressed in Section III of this Policy. 6. Annually review the collectability of outstanding accounts at fiscal year-end. B. Cognizant Department: It is the responsibility of the department providing the service or issuing the citation to perform the following functions: 1. Obtain an agreement to pay such as contract or other form of documentation. 2. Provide the product or service to the customer. 3. Document the product or service provided. 4. Communicate with Finance staff and provide supporting documentation for the transaction. 5. Bill customer if not handled by the Finance Department. In cases where the billing function is performed by the Cognizant Department rather than the Finance Department, the Finance Director must review and approve the billing and collection procedures. 6. Communicate with customer or agency to resolve disputes or discrepancies. 7. Assist with collection efforts if requested to do so by the Finance Department. G.11.a Packet Pg. 176 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.03 Subject: Accounts Receivable Effective Date: 5/13/14 Page 3 of 5 8. In conjunction with the Finance Department, annually review the collectability of outstanding accounts at fiscal year-end. C. Contractors working on behalf of the City to collect for goods or services provided or for citations issued are responsible to perform the following functions: 1. Provide to the Finance Department a monthly aging schedule of all Accounts Receivable including an accounting of current billings, collections and any other activity conducted on accounts related to City services or citations. 2. Maintain a system that tracks the history and status of customer accounts. III. Payment Terms / Collections A. The following payment terms and collection process shall be followed. 1. Payments will be due within 30 days from the invoice date. 2. Interest/Penalty/Late Fees will be charged in a manner consistent with applicable ordinances or policies. The imposition of interest charges, penalties or late fees will be communicated to the customer through the following methods: a. A warning notice or statement will be sent out thirty (30) days in advance of the penalty effective date. b. A new statement will be sent out with the amended invoice/citation amount including the appropriate interest, penalty or late fee. 3. Statements will be issued on a monthly basis unless there are circumstances that warrant some other billing cycle. Exceptions from the monthly billing cycle must be approved by the Finance Director. 4. The Cognizant Department may be requested to assist Finance staff in collection efforts on accounts more than 60 days outstanding. 5. Accounts more than 60 days outstanding may be assigned to a collection agency as determined by the Finance Director. IV. Financial Reporting for Accounts Receivable A. The Finance Department will record the revenues and associated accounts receivable in accordance with Generally Accepted Accounting Principles. B. Periodically, at least annually in conjunction with the fiscal year-end audit, open accounts receivable balances will be reviewed in order to ensure that the City’s financial statements accurately and appropriately reflect the status of these accounts. C. The collectability of open accounts receivable will be estimated so that they can be reflected in the City’s financial statements at their net realizable value, which is consistent with Generally Accepted Accounting Principles. These amounts will be reflected in the following manner: G.11.a Packet Pg. 177 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.03 Subject: Accounts Receivable Effective Date: 5/13/14 Page 4 of 5 1. Enterprise Funds: For enterprise funds (if applicable), an allowance for doubtful accounts will be established in an amount to be determined by the Finance Director or his/her designee in consultation with the current outside auditor for the City. 2. Other Funds: Taxes, fees, citations and other types of revenues found in governmental funds that are due but not collected at year-end, and where there is some level of uncertainty about the ultimate collectability, will be recorded with a debit to Accounts Receivable and a credit to Unearned Revenue within the appropriate fund structure until the uncertainty is resolved at which time the appropriate entry would be a debit to Unearned Revenue and a credit to the appropriate revenue account. This method will result in recognizing the receivable on the financial statements without impacting fund balance with potential fluctuations as revisions are made to estimates. V. Write-Offs: A. As part of the annual review of accounts receivable balances, accounts that have progressed through the collection process and remain unpaid will be reviewed to determine collectability. Based on this review, a recommendation for the write-off of the account or additional collection efforts will be made. The collection process will consist of, but not be limited to, the following steps or processes: 1. Internal Collection efforts (including consultation with the City Attorney’s office for potential legal remedies); 2. Assignment to collection agency; 3. Claims to the Franchise Tax Board (Administrative & Parking Citations); 4. Claims to the Department of Motor Vehicles (Administrative & Parking Citations). B. The City Manager may, at his/her discretion, discharge from further accountability any City department, officer, or employee charged by law with the collection of money which is due and payable if any of the following circumstances apply: 1. The amounts are too small to justify the cost of collection. 2. The likelihood of collection does not warrant the cost involved. 3. The amount has been otherwise lawfully compromised or adjusted. Such discharge of accountability shall only be made upon consideration and approval of a verified application submitted by a department or division with the Finance Director and then approved by the City Manager. Such a discharge of accountability does not constitute a release of any persons from liability for payment of any amount due the City. C. The request to authorize the write-off of accounts must be accompanied by the following documentation: G.11.a Packet Pg. 178 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.03 Subject: Accounts Receivable Effective Date: 5/13/14 Page 5 of 5 1. A detailed account aging (listing of date of service/citation and amount owed by account); 2. A description of collection efforts undertaken; 3. Explanation of reason(s) account(s) is/are determined to be uncollectible; 4. A signed Application for Discharge of Accountability form (Exhibit A). D. Applications for Discharge of Accountability that have been deemed by the Finance Director to be appropriate to forgo further collection actions will be submitted to the City Manager for final approval. E. A copy of the completed Application for Discharge of Accountability and the supporting documentation will be forwarded to Finance staff for entry into the City’s financial system. G.11.a Packet Pg. 179 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Exhibit A Application for Discharge of Accountability 1. I, on behalf of the Department apply for (Department Head) (Department) Discharge of accountability for collection of the following obligation(s) for the following reason(s): □ The amounts are too small to justify the cost of collection. □ The likelihood of collection does not warrant the cost involved. □ The amount has been lawfully compromised or adjusted. □ Other 2. The person(s) or entity(ies) liable for payment are: (Attach a separate sheet if necessary) Type/ Account/ Program Invoice # Department Name Date Balance I certify that all reasonable collection efforts have been attempted and that correspondence files and other collection documentation supporting the reasons for discharge of accountability shown above will be maintained for three years from the approved date of the discharge of accountability. (Department Head Signature) Above Application for Discharge of Accountability: □ Approved as submitted. □ Approved as submitted. □ Approved except as noted. □ Approved except as noted. _______________________________________ ________________________________ (Finance Director Signature) Date (City Manager signature) Date To: (1) Finance Director (2) City Manager From: Applicable Department Head Date: Subject: Application for Discharge of Accountability for Collection of Monies Owed the City G.11.a Packet Pg. 180 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.04 Subject: Investments Effective Date: 5/13/14 09/13/2022 Page 1 of 4 I. PURPOSE To establish a policy for the management and oversight of the City’s investments. II. POLICY It is the policy of the City of Grand Terrace to invest funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all statutes governing the investment of City funds. III. SCOPE This investment policy applies to all financial assets of the City. These funds are audited annually and accounted for in the Annual Financial Report. Funds include the General Fund, Capital Projects Fund, Special Revenue Funds, Enterprise Funds and Trust Agency Funds, including funds held by the Successor Agency to the Grand Terrace Community Redevelopment Agency. IV. PRUDENCE Investments shall be made with judgment and care, under circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility and/or liability for an individual security’s credit risk or market price changes. V. OBJECTIVES The primary objectives, in order of priority, of the investment program shall be: A. Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses in individual securities do not exceed the income generated from the remainder of the portfolio. B. Liquidity: The investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. C. Yield: The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into G.11.a Packet Pg. 181 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.04 Subject: Investments Effective Date: 5/13/14 09/13/2022 Page 2 of 4 account the investment risk constraints and the cash flow characteristics of the portfolio. VI. DELEGATION OF AUTHORITY Authority to manage the investment of surplus funds is derived from California Government Code Section 53600, et seq., and this policy. Management of bond funds is controlled by Government Code Section 5922(d) and such investments must conform to the requirements of the bond indenture. In some cases, it may be appropriate for investments of bond proceeds to cover a longer duration than those limits established for surplus (operating) funds. Management responsibility for the investment program is hereby delegated to the Treasurer (or Finance Director if a separate position of Treasurer is not staffed), who shall establish procedures and operate the investment program consistent with this investment policy. Procedures may include, but not limited to, references to: safekeeping, repurchase agreements, wire transfer agreements, collateral/depository agreements and banking services contracts, as appropriate. The Treasurer (Finance Director) may delegate authority to subordinates for day-to-day investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer (Finance Director). VII. ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process shall refrain from personal business that could conflict with the proper execution of the investment program, or which could impair their ability to make impartial investment decisions. VIII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS A. The City will utilize only financial institutions and broker/dealers who are authorized to provide investment services in the State of California. B. No public deposit shall be made except in a qualified public depository as established by State laws. For broker/dealers of government securities and other investments, the Treasurer (Finance Director) shall select only broker/dealers who are licensed and in good standing with the Securities and Exchange Commission and the Securities Regulation Division of the California Department of Business Oversight. C. Broker/dealers and investment advisors utilized by the City shall be approved by the City Council. IX. AUTHORIZED INVESTMENTS The City is empowered by statute and authorized by the City Council to invest in the following: A. U.S. Treasury Obligations (Treasury Bills, Treasury Notes) G.11.a Packet Pg. 182 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.04 Subject: Investments Effective Date: 5/13/14 09/13/2022 Page 3 of 4 B. Repurchase Agreements C. Certificates of Deposit with State Banks, National Banks, State or Federal Savings Associations, State and Federal Credit Unions in California that are fully insured by federal deposit insurance. The Treasurer (Finance Director) may waive collateralization in lieu of deposit insurance. D. Negotiable Certificates of Deposit, Collateralized with U.S. Treasury Obligations Having a Market Value of 110%. The Treasurer (Finance Director) may, at his/her discretion, waive security for that portion of a deposit that is already covered by federal deposit insurance. E. Passbook Savings Accounts Placed with Federal or State Banks or Credit Unions that are fully insured by federal deposit insurance. The Treasurer (Finance Director) may waive collateralization in lieu of federal deposit insurance. F. Securities Issued by Federal Agencies G. Local Agency Investment Fund (LAIF) 1. This is a special fund of the State Treasurer, in which local agencies are allowed to pool their funds for investment purposes up to a maximum of $50 $75 million, with no restrictions on the amount of bond proceeds that can be invested. 2. LAIF is part of the Pooled Money Investment Account (PMIA). The PMIA began in 1955 and oversight is provided by the Pooled Money Investment Board (PMIB) and an in-house Investment Committee. The PMIB members are the State Treasurer, Director of Finance, and State Controller. 3. All securities are purchased under the authority of Government Code Section 16430 and 16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery-versus-payment (DVP) basis using a third-party custodian. All investments are purchased at market and a market valuation is conducted monthly. Additionally, the PMIA has policies, goals and objectives for the portfolio to ensure that the goals of Safety, Liquidity and Yield are not jeopardized and that prudent management prevails. These policies are formulated by Investment Division staff and reviewed by both the PMIB and the LIAB on an annual basis. 4. The State Treasurer's Office is audited by the Bureau of State Audits on an annual basis and the resulting opinion is posted to the State Treasurer's Office website following its publication. The Bureau of State Audits also has a continuing audit process throughout the year. All investments and LAIF claims are audited on a daily basis by the State G.11.a Packet Pg. 183 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.04 Subject: Investments Effective Date: 5/13/14 09/13/2022 Page 4 of 4 Controller's Office as well as an in-house audit process involving three separate divisions. H. Mutual Funds issued by diversified management companies as defined by Section 23701(m) of the Revenue and Taxation Code, provided that the portfolio of such investment company or investment trust is limited to U.S. government obligations or agencies of the federal government and repurchase agreements fully collateralized by such securities. I. Pools and Other Investment Structures Incorporating Investments Permitted in California Government Code Sections 53601 and 53635 such as local government investment pools sponsored by counties and joint powers authorities. These entities will typically have their own investment policies, which may differ from that of the City. X. COLLATERALIZATION All certificates of deposit must be collateralized by U.S. Treasury obligations held by a third party. The Treasurer (Finance Director) may waive this requirement up to the amount already insured by federal deposit insurance. XI. SAFEKEEPING AND CUSTODY All securities purchased from broker/dealers shall be conducted on a delivery- versus-payment (DVP) basis and shall be held by a third-party custodian designated by the Treasurer (Finance Director) and evidenced by safekeeping receipts. This would not apply to any book-entry direct purchases from the U.S. Government. XII. DIVERSIFICATION The City will diversify its investments by security type and institution. G.11.a Packet Pg. 184 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.05 Subject: Fixed Assets Effective Date: 5/13/14 09/13/2022 Page 1 of 3 PURPOSE: To establish the criteria for determining fixed assets, as well as their physical control, accountability, and depreciation. DEFINITIONS: Fixed Assets refers to land, buildings, equipment, furniture, vehicles, and improvements other than buildings, acquired by the City of Grand Terrace for use in the provision of goods and services to its citizens. Not all Fixed Assets are required to be reported on the balance sheet. Fixed Assets with very short useful lives, or of small monetary amounts, can be “expensed” in the period in which they are acquired. Fixed Assets reported on the balance sheet are said to be “capitalized”, meaning the capital outlay is recorded as an addition to the asset account, and will have an expected useful life of at least two years. The monetary criteria by which governments decide to report Fixed Assets on the balance sheet, is known as the “capitalization threshold.” Governments may utilize separate thresholds for different classes of fixed assets, or establish a single threshold for all of its fixed assets. Capitalization is a financial reporting issue. It addresses the material expenditure level by which users of the City’s financial reports are informed of the policy decision to account for Fixed Assets. It does not eliminate the City’s responsibility for maintaining adequate control over all of its assets, or other equipment below the capitalization threshold, to minimize the risk of loss or misuse. POLICY: I. Fixed Asset Capitalization Threshold Criteria A. Land Land will be capitalized at actual cost. There is no specific dollar threshold. B. Improvements to Land Improvements to land with a value of $25,000 or more will be capitalized. Improvements valued at less than $25,000 will be expensed in the current year. C. Buildings and Building Improvements 1. Buildings and building improvements with a value of $25,000 or more will be capitalized. Buildings and improvements valued at less than $25,000 will be expensed in the current year. 2 Capitalized cost generally includes such items as site clearance and excavation, architectural fees, initial landscaping, building construction and others. G.11.a Packet Pg. 185 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.05 Subject: Fixed Assets Effective Date: 5/13/14 09/13/2022 Page 2 of 3 D. Equipment and Vehicles 1. Equipment and vehicles with a value of $5,000 or more will be capitalized. Equipment and vehicles valued at less than $5,000 will be expensed in the current year. 2. Capitalized cost generally includes purchase price, sales tax, transportation costs and installation. B. Useful Life 1. Fixed assets will be capitalized only if they have a useful life of at least two years following the date of acquisition. 2. Assets that do not meet this criterion shall be expensed regardless of cost. 3. Following are the various Fixed Asset categories and the corresponding useful life range for each category: a. Machinery & Equipment 5 – 15 years b. Vehicles 6 – 15 years c. Improvements other than Buildings 15 – 20 years d. Infrastructure 20 – 30 years e. Buildings 50 years f. Sewer Lines 90 years Note: The specific useful life assigned to each asset will be determined by the Finance Director, in accordance with Governmental Accounting Standards Board (GASB) Statement No. 34. C. Final Capitalization Decision Rests with Finance Director The final decision on whether to capitalize, or how much to capitalize a fixed asset, rests with the Finance Director or his/her designee. II. Identification and Inventory A. Each vehicle, furniture and equipment item that is classified as a Fixed Asset will have a unique identification tag affixed to the item by Finance staff for security and control purposes at the time the Fixed Asset is placed in service. B. An inventory of all Fixed Assets will be conducted by Finance staff annually to verify that no Fixed Assets are missing nor have been moved to another location. Any Fixed Assets that are missing or not in the assigned location when the inventory is conducted must be reported to the City Manager, along with a written explanation from the director of the department to which the Fixed Asset was assigned. G.11.a Packet Pg. 186 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.05 Subject: Fixed Assets Effective Date: 5/13/14 09/13/2022 Page 3 of 3 III. Depreciation A. Financial Statement Basis: 1. Fixed Assets will be depreciated over their estimated useful lives, as reflected in the City’s Annual Financial Report, in accordance with GASB Statement No. 34. 2. The straight-line method of depreciation will be used for all Fixed Assets, unless it is determined by the Finance Director or his/her designee, and confirmed by the City’s outside auditor, that another depreciation method is more appropriate for a given Fixed Asset or a Fixed Asset class. B. Budgetary Basis: 1. Depreciating Fixed Assets over their useful lives for budgetary purposes is not required but is a recommended practice in that it establishes an Asset Replacement Account for each Fixed Asset. Such a practice increases the City’s annual operating costs, in that depreciation charges become a budgeted expense, however, it levels operating expenses over time because when Fixed Assets are replaced, the funds (or a portion of the funds) have already been set aside and therefore do not need to be re- budgeted. 2. While the City has not previously depreciated Fixed Assets for budgetary purposes, it is the City Council’s intent to do so beginning with the FY 2014- 15 budget, and to continue the practice on a go-forward basis thereafter. G.11.a Packet Pg. 187 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.06 Subject: Disposition of Surplus Property Effective Date: 5/13/14 Page 1 of 1 PURPOSE: To define the process for identification and disposal of surplus City supplies, materials and equipment (collectively referred to as property). POLICY: I. Identifying Surplus Property: A. Departments will be responsible for identifying surplus property within work areas assigned to their control. B. Departments will notify the Finance Director of surplus property by completing a Surplus Property Form (Exhibit A). Such form will include descriptive information on the property (i.e., license number, model number, serial number, condition of the item, reason the item is no longer needed, etc.), along with the location of the property. The form must be approved by the respective department head, Finance Director and City Manager before disposition of the item is authorized. C If the surplus property is a Fixed Asset, as defined in Fiscal Policy No. 1.05, the Fixed Asset identification number must also be included on the Surplus Property Form, so that the City’s Fixed Asset records can be adjusted accordingly. D. If a Fixed Asset is being declared as surplus before its useful life (as reflected in the City’s Fixed Asset records) has been exhausted, detailed justification for the requested disposal must be provided on the Surplus Disposal Form. E. Finance staff, in consultation with the City Manager’s Office, will be responsible for making arrangements to warehouse surplus property, as needed, or determining if the item can be used by another department. F. Information Technology staff will be advised if any of the surplus property is computer or telephone equipment. II. Disposition of Surplus Property: A. Supplies, materials and equipment which are determined to be surplus and to have no further use by the City will be disposed of by Finance staff through trade- in, sale, auction, or donation. B. The City Manager or his/her designee will be responsible for determining which method of disposition will be most advantageous to the City. C. The method of disposition will be reflected on the Surplus Property Form. G.11.a Packet Pg. 188 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Exhibit A Surplus Property Form Requesting Department Request Date Contact Person Property Description Location Model No. Serial No. Condition Reason No Longer Needed Recommended Disposal Method Trade-in Sale Auction Donation Comments regarding recommended disposal method: If the surplus property is a fixed asset that is not fully depreciated, please provide detailed justification for the requested disposal below. Submitted by: Date Department Head approval Date Disposal endorsed Disposal approved Disposal not endorsed Disposal not approved Finance Director Date City Manager Date Comments: Comments: G.11.a Packet Pg. 189 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.07 Subject: Fraud Prevention & Detection Approval Date: 1/28/14 Page 1 of 7 I. PURPOSE AND SCOPE To establish a policy and procedures for identifying acts that might be fraudulent, and to describe the steps to be taken when fraud or other dishonest activities are suspected, and to establish procedures to follow in accounting for missing funds, investigating other irregularities, and providing for restitution and recoveries. II. DEFINITIONS A. Fraud – the intentional false representation, or concealment of material fact for the purpose of personal gain for oneself or others; or inducing another to act similarly. Fraud and other similar irregularities include, but are not limited to: 1. Claim for reimbursement of expenses that are not job-related or authorized by City policy. 2. Forgery or unauthorized alteration of documents (checks, promissory notes, time sheets, agreements, purchase orders, budgets, etc.). 3. Misappropriation of City assets (funds, securities, supplies, furniture, equipment, etc.). 4. Improprieties in handling or reporting of financial transactions. 5. Authorizing or receiving payment for goods not received or services not performed. 6. Computer-related activity involving unauthorized alteration, destruction, forgery, or manipulation of data or misappropriation of City-owned software. 7. Misrepresentation of information on documents. 8. Misrepresentation of authority. 9. Any apparent violation of Federal, State, or Local laws related to dishonest activities or fraud. 10. Seeking or accepting anything of material value from those doing business with the City including vendors, consultants, contractors, lessees, applicants, and grantees. B. Employee – In this context, employee refers to any individual or group of individuals who receive compensation, either full-time or part-time, from the City of Grand Terrace. The term also includes any volunteer who provides services to the City through an official arrangement with the City or a City organization, as well as Council Members, consultants, vendors, G.11.a Packet Pg. 190 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.07 Subject: Fraud Prevention & Detection Approval Date: 1/28/14 Page 2 of 7 contractors, outside agencies and/or any other parties with a business relationship with the City of Grand Terrace. C. Management – In this context, management refers to any administrator, manager, director, supervisor, or other individual who manages or supervises funds or other resources, including human resources. D. Investigator – In this context, Investigator refers to any person, persons or governmental agency assigned by the City Manager and/or the City Council to investigate any fraud or similar activity. E. External Auditor – In this context, External Auditor refers to independent audit professionals who perform annual audits of the City’s financial statements. III. POLICY A. The City of Grand Terrace is committed to protecting its assets against the risk of loss or misuse. Accordingly, it is the policy of the City to identify and promptly investigate any possibility of fraudulent or related dishonest activities against the City and, when appropriate, to pursue legal remedies available under the law. B. This policy applies to any irregularity, or suspected irregularity, involving Employees, consultants, vendors, contractors, outside agencies, and/or any other parties with a business relationship with the City. C. Any investigative activity required will be conducted in an objective and impartial manner, without regard to the suspected wrongdoer’s length of service, position, title, or relationship to the City. D. All Employees are responsible for the detection, reporting and prevention of fraud, misappropriations, and other irregularities. E. It is the City’s intent to fully investigate, or cause the investigation of, any suspected act of fraud, misappropriation, impropriety or other similar irregularity. An objective and impartial investigation will be conducted regardless of the position, title, length of service or relationship with the City of any party who might be or become involved in or becomes the subject of such investigation. F. Each department of the City is responsible for instituting and maintaining a system of internal controls to provide reasonable assurance for the prevention and detection of fraud, misappropriations, and other irregularities. Management should be familiar with the types of improprieties that might occur within their area(s) of responsibility and be alert for any indications of such conduct. G.11.a Packet Pg. 191 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.07 Subject: Fraud Prevention & Detection Approval Date: 1/28/14 Page 3 of 7 G. Investigator, in conjunction with the City Manager, has the primary responsibility for the investigation of all activity as defined in this policy. H. Should the City Manager be a subject of the investigation, the City Attorney will be substituted for the City Manager in references throughout this policy. Employees or other individuals suspecting any fraudulent activity by the City Manager should report his/her concern directly to the City Attorney. I. Should the City Manager and City Attorney both be subjects of the investigation, the Mayor will be substituted for the City Manager and City Attorney in references throughout this policy. Employees or other individuals suspecting any fraudulent activity by both the City Manager and City Attorney should report his/her concern directly to the Mayor, who will in turn advise the other members of the City Council. J. Throughout the investigation, the Investigator will inform the City Manager and others that he/she designates, of pertinent investigative findings. The City Council shall also be immediately advised of the investigation and kept apprised of its status throughout the investigation. K. Employees will be granted whistle-blower protection when acting in accordance with this policy. When informed of a suspected impropriety, neither the City nor any person acting on behalf of the City shall: 1. Dismiss or threaten to dismiss the Employee, 2. Discipline, suspend, or threaten to discipline or suspend the Employee, 3. Impose any penalty upon the Employee, or 4. Intimidate or coerce the Employee. Violations of the whistle-blower protection will result in discipline up to and including dismissal. L. Upon the conclusion of the investigation of an allegation of fraud said to have been committed by an employee or official, the City Council shall be informed by the City Manager, or by the official whom received the complaint and authorized the investigation, of the outcome of the investigation. This shall be done in manner cognizant of the privacy right, if any, of the accused employee or official, as advised by the City Attorney. M. The City Manager, following review of investigation results, will take appropriate action regarding Employee misconduct. Disciplinary action can include termination, and referral of the case to an appropriate law enforcement agency and District Attorney’s Office for possible arrest and prosecution. G.11.a Packet Pg. 192 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.07 Subject: Fraud Prevention & Detection Approval Date: 1/28/14 Page 4 of 7 N. The City will pursue every reasonable effort, including court-ordered restitution, to obtain recovery of City losses from the offender, or other appropriate sources. IV. PROCEDURES A. Management Responsibilities 1. Management is responsible for being alert to, and reporting fraudulent or related dishonest activities in their areas of responsibility. 2. Each City official should be familiar with the types of improprieties that might occur in his or her area(s) of responsibility and be alert for any indication that improper activity, misappropriation, or dishonest activity is or was in existence in his or her area(s). 3. When an improper activity is detected or suspected, Management should determine whether an error or mistake has occurred or if there may be dishonest or fraudulent activity. 4. If Management determines a suspected activity may involve fraud or related dishonest activity, they should contact their next immediate supervisor not involved in the alleged misconduct – and together with that supervisor inform their Department Director (unless the Department Director is alleged to have involvement in the alleged misconduct) and City Manager. 5. If the City Manager is suspected to be involved in the alleged misconduct, the City Attorney should be notified in lieu of the City Manager. If the City Manager and City Attorney are both suspected to be involved in the alleged misconduct, the Mayor should be notified in lieu of the City Manager or City Attorney. The Mayor will, in turn, advise the other members of the City Council. 6. Management should not attempt to conduct individual investigations, interviews, or interrogations. However, Management is responsible for taking appropriate corrective actions to ensure adequate controls exist to prevent reoccurrence of improper actions. 7. Management should support the City’s responsibilities and cooperate fully with the Investigator, other involved departments, and law enforcement agencies in the detection, reporting, and investigation of criminal acts, including the prosecution of offenders. 8. Management must give full and unrestricted access to all necessary records and personnel. All City furniture and contents, including desks and electronic devices, are open to inspection at any time. There is no reasonable expectation of privacy. G.11.a Packet Pg. 193 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.07 Subject: Fraud Prevention & Detection Approval Date: 1/28/14 Page 5 of 7 9. In dealing with suspected dishonest or fraudulent activities, great care must be taken. Therefore, management should avoid the following: a. False accusations. b. Alerting suspected individuals that an investigation is underway. c. Treating Employees unfairly. d. Making statements that could lead to claims of false accusations or other offenses. 10. In handling dishonest or fraudulent activities, Management has the responsibility to: a. Make no contact (unless requested) with the suspected individual to determine facts or demand restitution. Under no circumstances should there be any reference to “what you did”, “the crime”, “the fraud”, “the misappropriation”, etc. b. Avoid discussing the case, facts, suspicions, or allegations with anyone outside the City, unless specifically directed to do so by the City Attorney. c. Avoid discussing the case, facts, suspicions, or allegations with anyone other than employees who have a need to know such as the City Manager, City Attorney, Department Head, Finance Director, Investigator, or law enforcement personnel – and should direct any City Council inquiries to the City Manager. d. Direct all inquires from the suspected individual, or his or her representative, to the Investigator. All inquires from the media should be directed to the City Manager. e. Take appropriate corrective and disciplinary action, up to and including dismissal, after consulting with the City Manager, in conformance with the City’s Personnel Rules and Regulations and the appropriate Memorandum of Understanding, as applicable. B. Investigator Responsibilities 1. Upon assignment by the City Manager, the Investigator will promptly investigate the allegations of fraud or other dishonest activities. G.11.a Packet Pg. 194 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.07 Subject: Fraud Prevention & Detection Approval Date: 1/28/14 Page 6 of 7 2. Employees must cooperate with the Investigator. Refusal to cooperate, or the conveyance of inaccuracies, may subject an Employee to disciplinary action up to and including dismissal. 3. In all circumstances where there appears to be reasonable grounds for suspecting that a fraud has taken place, the Investigator, in consultation with the City Manager, and City Attorney as appropriate, will contact the appropriate law enforcement agency. 4. The Investigator shall be available and receptive to receiving relevant, confidential information to the extent allowed by law. 5. If evidence is uncovered showing possible dishonest or fraudulent activities, the Investigator will proceed as follows: a. Discuss the findings with the City Manager and City Attorney. b. Meet with the City Manager to: 1) Determine if disciplinary actions should be taken. 2) Notify insurers and coordinate the filing of insurance claims. c. Take immediate action, in consultation with the City Manager and City Attorney, to prevent the theft, alteration, or destruction of evidentiary records. Such action shall include, but is not limited to: 1) Removing the records and placing them in a secure location, or limiting access to the records. 2) Preventing the individual suspected of committing the fraud from having access to the records. 6. In consultation with the City Manager and City Attorney, and the appropriate law enforcement agency, the Investigator may disclose particulars of the investigation to potential witnesses if such disclosure would further the investigation. 7. If the Investigator is contacted by the media regarding an alleged fraud or audit investigation, the Investigator will not speak with the media but will instead refer the matter to the City Manager before a response is made. 8. At the conclusion of the investigation, the Investigator will document the results in a confidential report to the City Manager. If the report concludes that the allegations are founded, the report will be forwarded to the appropriate law enforcement agency and the City Council will be advised. G.11.a Packet Pg. 195 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 1.07 Subject: Fraud Prevention & Detection Approval Date: 1/28/14 Page 7 of 7 9. Unless exceptional circumstances exist, a person under investigation for fraud is to be given notice in writing of essential particulars of the allegations following the conclusions of the audit. Where notice is given, the person against whom allegations are being made may submit a written explanation to the Investigator no later than seven calendar days after notice is received. 10. The Investigator will be required to make recommendations to the appropriate department for assistance in the prevention of future similar occurrences. 11. Upon completion of the investigation, including all legal and personnel actions, all records documents, and other evidentiary material obtained from the department under investigation will be returned to the City Manager. G.11.a Packet Pg. 196 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 2.01 Subject: Accounts Payable Effective Date: 5/13/14 Page 1 of 3 PURPOSE: To define the process for review, authorization and payment of vendor invoices. DEFINITIONS: Check Register: A report provided to the City Council on a monthly basis listing payments made to the various City vendors for the preceding month. Discount: A percentage or fixed amount that may be deducted from payment of a vendor’s invoice if payment is made by a date determined by the vendor. A common discount term is “1% 10”, meaning that one percent (1%) may be deducted from the invoice amount if payment is made with 10 days of the invoice date. EFT: Electronic Funds Transfer; may be used as a payment alternative to City check when authorized by the Finance Director. Invoice: A bill rendered to the City by a vendor requesting payment for goods or services provided to the City. Net 30: A specific type of trade credit where the payment is due in full 30 days after the item is purchased and an invoice received. Purchase Order: A City document authorizing a specified quantity of goods and/or services to be provided to the City at specified prices and terms. Receiving Document: A document provided to the City by a vendor attesting to the delivery of goods and/or services. Statement: A summary provided by a vendor showing amounts previously billed, paid, and the unpaid balance. Vendor: A business entity or agency providing goods and/or services to the City. POLICY: I. Payment Terms A. In order to maintain good business relations with the City’s Vendors, it is the policy of the City of Grand Terrace to pay Invoices for authorized goods or services within 30 days of Invoice receipt; (i.e., on a Net 30 basis) unless specified otherwise by City Purchase Order or contract. G.11.a Packet Pg. 197 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 2.01 Subject: Accounts Payable Effective Date: 5/13/14 Page 2 of 3 B. Invoices offering a Discount should be paid within the Discount terms whenever it is possible to process and pay the Invoice within those terms, unless it is determined by the Finance Director that it is more advantageous from a cash management standpoint to not take the Discount and instead to make payment on a Net 30 basis. (Minimum amounts that qualify for Discount processing may be established by the Finance Director in order to ensure that accelerated Invoice processing is cost effective in relation to the Discount amount.) II. Invoice Processing A. Vendors are to be instructed to mail (or e-mail) their Invoices to the City’s Finance Department, attention Accounts Payable. B. Invoices received in Accounts Payable are to be date stamped the same day as received in order to document the date received by the City. C. Should an Invoice mistakenly be received by a department other than Finance, it should be given to the Finance Department Accounts Payable staff the same day as received, so that the date stamp applied to the Invoice will reflect the date received by the City. D. On a timely basis, Accounts Payable staff should notify the applicable department that ordered the goods or services, that an Invoice has been received, so the responsible departmental staff can review and approve the Invoice for payment. E. Invoice approval shall be in accordance with the City’s Signature Authorization Listing. No Invoice should be paid without proper City authorization. F. If an Invoice is related to a City Purchase Order or contract, the quantity and prices reflected on the Invoice must be verified by the department responsible for the purchase to ensure that they are in agreement with the Purchase Order or contract. G. If an Invoice is provided by Accounts Payable staff to another department for review and approval, Accounts Payable staff must maintain a record of the Invoice and date it was provided to the applicable department to ensure that it is returned to Accounts Payable in time to meet the City’s Net 30 payment policy or Discount terms. If there is a dispute regarding the goods or services that were billed to the City, such that the Net 30 or Discount terms cannot be met, the applicable department must notify Accounts Payable staff of the dispute. H. Only original Vendor Invoices should be processed for payment. Payment should never be made from an Invoice copy or Statement. (Should an original Invoice be lost, such that a Vendor submits a duplicate Invoice for processing, the duplicate Invoice should be stamped as a “Duplicate Original” by Accounts Payable staff.) I. A City check should be mailed for all approved Vendor Invoices within 28 days of the date of Invoice receipt in order to comply with the Net 30 payment policy, allowing two days for mail processing and delivery. Exceptions would be Invoices G.11.a Packet Pg. 198 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 2.01 Subject: Accounts Payable Effective Date: 5/13/14 Page 3 of 3 offering Discount terms, which would be paid sooner than 28 days from receipt in order to qualify for the Discount (also allowing two days for mail processing and delivery) and payments made by EFT. J. If the City’s business software system allows a “three-way matching” process, such that a Purchase Order, Invoice and Receiving Document are electronically matched, this process should be implemented since it is considered to be an industry “best practice” and eliminates the need for Invoices to be manually verified or provided to another department for review and approval. IIII. City Council Approval A. A Check Register will be prepared by the Finance Department and submitted to the City Council for review and approval on a monthly basis during a regularly scheduled City Council meeting. B. The Check Register will list all vendor payments for the preceding month along with a brief description of the type of goods or services purchased and the account code(s) associated with each payment. C. In order to meet the Net 30 payment terms, and to take advantage of Discounts offered by Vendors, payment of Invoices will not be delayed pending approval of the Check Register. G.11.a Packet Pg. 199 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.01.01 Subject: Purchasing Effective Date: 5/13/14 09/13/2022 Page 1 of 6 PURPOSE: The purpose of this policy is to ensure that the City’s purchasing practices are carried out in accordance with the revised Purchasing Ordinance, which was approved by the City Council on November 27, 2012 September 13, 2022. DEFINITIONS: Notice Inviting Bids: A document issued to specified potential bidders, or posted on the City’s website, inviting bids for specified merchandise or service. The subsequent contract is generally awarded to the lowest responsible bidder. Purchase Order: A document which authorizes the delivery of specified merchandise or the rendering of certain service and the making of a charge for such merchandise or service. Purchase Requisition: A document submitted by a department requesting approval to purchase specified merchandise or service. Upon its approval, a Purchase Order is issued to the selected vendor or service provider. Purchasing Officer: The Purchasing Ordinance designates a Purchasing Officer, to be appointed by the City Manager. The City Manager has currently appointed the City’s Finance Director as the Purchasing Officer. Under the direction of this position, the Finance Department is charged with the responsibility of administering the Purchasing Ordinance. Request for Proposals (RFP): A document issued to specified potential service providers, or posted on the City’s website, requesting proposals for services. The subsequent contract is awarded based on a number of factors including professional expertise, experience, service level, references and pricing. Consideration of factors other than pricing differentiates an RFP process from a “Notice Inviting Bids” process. POLICY & PROCEDURES: I. Informal Purchases ($0 -2,500 $500) The following procedures apply: A. Funds must be budgeted for the goods or services to be purchased. B. A Purchase Order (P.O.) is not required for purchases. C. Price quotes are not required for purchases, although they are encouraged when easily obtainable. D. Payment for purchases is made by submitting a Request for Payment form with approval by the applicable Department Head or designee (per the Authorized Approval Listing). E. Use of City credit card or petty cash may be appropriate for certain low-value purchases, with separate guidelines applying to these purchases. Formatted: Line spacing: 1.5 lines G.11.a Packet Pg. 200 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.01.01 Subject: Purchasing Effective Date: 5/13/14 09/13/2022 Page 2 of 6 II. Informal Purchases ($2,500-5,000 501 - $1,000) The following procedures apply: A. Funds must be budgeted for the goods or services to be purchased. B. A Purchase Order (P.O.) is required for purchases. C. Price quotes are not required for purchases, although they are encouraged when easily obtainable. D. Payment for purchases is made by submitting a Purchase Requisition form with approval by the applicable Department Head or designee (per the Authorized Approval Listing). E. Approval from the City Manager is required. III. Open Market Purchases ($5,001-25,000 1,001 - $10,000) The following procedures apply: A. Funds must be budgeted for the goods or services to be purchased. B. Three (3) informal price quotes must be obtained. C. A Purchase Requisition must be submitted to Finance by the requesting department with the price quotes attached as back-up. Purchase Requisitions require approval of the applicable Department Head or designee (per the Authorized Approval Listing). D. Following Finance review of the Purchase Requisition, a P.O. will be issued by Finance and mailed to the vendor, with a copy returned to the originating department. Funds will also be encumbered in the financial system at this time. (Note: P.O.s are signed by the Finance Director signifying that funds are available and that the purchasing requirements have been met.) E. Invoices to be paid against an approved P.O. do not require a Request for Payment form. Instead, to expedite processing, an approval stamp may be utilized on the invoice referencing the applicable P.O. (The account code to be charged does not need to be referenced on the invoice unless the P.O. is allocated to multiple account numbers, as the invoice will be charged per the P.O.) Department Head or designee signature is required on the invoice (per the Authorized Approval Listing). IV. Formal Purchases (over $25,000 10,000 ) The following procedures apply: A. Funds must be budgeted for the goods or services to be purchased. G.11.a Packet Pg. 201 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.01.01 Subject: Purchasing Effective Date: 5/13/14 09/13/2022 Page 3 of 6 B. Formal contracting procedures must be followed as enumerated in Section 3.24.080 of the Purchasing Ordinance, including: 1. Notice Inviting Bid 2. Bidders’ List 3. Bidders’ Security 4. Bid Opening Procedure 5. Performance Bonds as applicable 6. Formal Award of Contract by the City Council C. Following award of contract, a Purchase Requisition should be submitted by the applicable department, with a copy of the executed contract and City Council staff report attached as backup. Purchase Requisitions require approval of the applicable Department Head or designee (per the Authorized Approval Listing). D. Following Finance review of the Purchase Requisition, a P.O. will be issued by Finance and mailed to the vendor, with a copy returned to the originating department. Funds will also be encumbered in the financial system at this time. (Note: P.O.s are signed by the Finance Director signifying that funds are available and that the purchasing requirements have been met.) E. Invoices to be paid against an approved P.O. do not require a Request for Payment form. Instead, to expedite processing, an approval stamp may be utilized on the invoice referencing the applicable P.O. number. (The account code to be charged does not need to be referenced on the invoice unless the P.O. is allocated to multiple account numbers, as the invoice will be charged per the P.O.) Department Head or designee signature is required on the invoice (per the Authorized Approval Listing). V. Professional Services A. Professional Services are not awarded via formal bidding, since there are a number of factors other than pricing used to determine the company that is best suited to provide the service. Such factors include professional expertise, experience, service level and references. B. Although not formally bid, it is recommended that professional services with an expected value greater than $10,000 utilize a competitive selection process via a Request for Proposals (RFP). C. RFPs should be posted on the City’s web page and distributed to known companies with expertise in the applicable service area. Generally, at least 30 days should be allowed for proposal submittal following the RFP issuance date. It may also be appropriate to schedule a pre-submittal conference to clarify the RFP and respond to the interested parties’ questions. D. Contracts for professional services with a value of $25,000 10,000 or less may be awarded by the City Manager. G.11.a Packet Pg. 202 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.01.01 Subject: Purchasing Effective Date: 5/13/14 09/13/2022 Page 4 of 6 E. Contracts for professional services with a value greater than $25,000 10,000 must be awarded by the City Council. F. Following award of contract, a Purchase Requisition should be submitted by the applicable department, with a copy of the executed contract and City Council staff report (if applicable) attached as backup. Purchase Requisitions require approval of the applicable Department Head or designee (per the Authorized Approval Listing). G. Following Finance review of the Purchase Requisition, a P.O. will be issued by Finance and mailed to the vendor, with a copy returned to the originating department. Funds will also be encumbered in the financial system at this time. (Note: P.O.s are signed by the Finance Director signifying that funds are available and that the purchasing requirements have been met.) H. Invoices to be paid against an approved P.O. do not require a Request for Payment form. Instead, to expedite processing, an approval stamp may be utilized on the invoice referencing the applicable P.O. number. (The account code to be charged does not need to be referenced on the invoice unless the P.O. is allocated to multiple account numbers, as the invoice will be charged per the P.O.) Department Head or designee signature is required on the invoice (per the Authorized Approval Listing). VI. Single Source Purchases / Waiver of Bidding / Piggy Backing A. If it is determined that only one company is available or capable of providing the desired goods or services, the purchase may be approved without obtaining price quotes (purchases of $5,001 to $25,000 $1,001 to $10,000), conducting formal bidding (purchases over $25,000 10,000), or utilizing an RFP process (professional services over $25,000 10,000), provided that approval is received for the single source purchase, as follows: 1. Purchases with a value of $5,001 - $25,000 $1,001 - $10,000: Memo explaining the basis for the single source purchase must be submitted by the applicable Department Head along with the Purchase Requisition and approved by the City Manager. 2. Purchases with a value greater than $25,000 10,000: Approval for the single source purchase must be submitted via a staff report in conjunction with the contract award and approved by the City Council. B. If a purchase is not considered to be single source but a waiver of bidding/competitive selection is requested because it is in the best interest of the City, approvals must be obtained by the City Manager ($5,001 - $25,000 $1,001 - $10,000) or City Council (over $ 25,000 $10,000) as described above. C. Justification must be provided if a waiver of bidding/competitive selection is requested. A waiver is an exception to the competitive bid process. As a result, G.11.a Packet Pg. 203 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.01.01 Subject: Purchasing Effective Date: 5/13/14 09/13/2022 Page 5 of 6 explanation/documentation is required to begin the review process. Below are examples for requesting the waiver of the bid/competitive selection process: i. Sole Source: Only one company is available/capable of performing the task or providing the goods or services; the goods or services provided by a specific company are unique in quality, performance, or use specifications. ii. Time Sensitive: The need for the desired good/service is needed to correct or prevent an emergency; iii. Intrinsic Value: When a good or service is determined by its historic, artistic, or educational value. D. If the City has determined that another municipality (host agency) has completed the competitive bid/RFP process awarding a contract within the last 6 months for goods and/or services that the City may require, in order to avoid time and costs, the City has the option to “piggyback” on the public agency’s existing contract provided the following requirements are met: i. Approval must comply with the purchasing policy as follows: a. $0 - $2,500 $500 requires Department Head approval; b. $2,501 - $25,000 501 - $10,000 requires City Manager approval; and c. Over $25,000 10,000 requires City Council approval. ii. The other public agency’s bid and contract award process meet’s the City’s bid and contract award requirements; iii. The host agency and the City (piggybacking agency) must sign an agreement allowing the piggyback; iv. The vendor/contractor must agree to the piggyback, offering the same terms and conditions written in their contract to the piggyback agency; and v. The vendor must inform both the host agency and the piggybacking agency in writing that they agree to the piggyback. VII. Contract Requirements A. If a purchase involves work to be performed on City premises or the public right of way, regardless of the dollar amount, a City contract is recommended to adequately address liability issues. If there is uncertainty regarding whether or not a contract is needed for a given purchase, the City Attorney should be consulted. G.11.a Packet Pg. 204 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.01.01 Subject: Purchasing Effective Date: 5/13/14 09/13/2022 Page 6 of 6 B. Contracts up to $25,000 10,000 in value may be approved by the City Manager, following City Attorney approval as to legal form. Whenever possible, the standard City contract form should be used. C. Contracts over $25,000 10,000 in value require City Council approval via the agenda process. D. Contracts should include a requirement for the service provider to obtain a City Business License. The department administering the contract is responsible for coordinating with Finance to ensure that a Business License is obtained if the contract value is $25,000 10,000 or less (City Manager approval). If the contract value is greater than $25,000 10,000 (City Council approval), the City Clerk’s Office will coordinate with Finance to ensure that a Business License is obtained. E. The department administering the contract is also responsible for obtaining the insurance certificates from the service provider and verifying that the coverage conforms to the contract requirements if the contract value is $25,000 10,000 or less (City Manager approval). If the contract value is greater than $25,000 10,000 (City Council approval), the City Clerk’s Office will be responsible for obtaining the insurance certificates from the service provider and verifying that the coverage conforms to the contract requirements. VIII. Conflict of interest and unlawful activity E. A. Any evaluation or selection practice that would result in unlawful activity including, but not limited to, kickbacks or unlawful consideration is expressly prohibited. Any award of a contract where an employee, officer or agent has used his or her position with the City to influence a governmental decision in which he or she knows or has reason to know that he or she has a financial interest in any person or entity who seeks such a contract or in the outcome of the selection process in any way, is expressly prohibited. Formatted: Indent: Left: 0" Formatted: Normal, Indent: Left: 0", Hanging: 0.5", No bullets or numbering, Tab stops: Not at 1.04" Formatted: Font: (Default) Arial, 11 pt G.11.a Packet Pg. 205 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.01.02 Subject: Environmentally Preferable Purchasing Effective Date: 11/15/16 Page 1 of 8 1.0 STATEMENT OF POLICY It is the policy of the City of Grand Terrace to: • Institute practices that reduce waste by increasing product efficiency and effectiveness; Purchase products that minimize environmental impacts, toxics, pollution, and hazards to worker and community safety; • Purchase products that reduce greenhouse gas emissions in their production, shipping, use and discard; and • Purchase products that include recycled content, are durable and long-lasting, and conserve energy and water 2.0 PURPOSE This Policy is adopted in order to: • Conserve natural resources, • Minimize environmental impacts such as pollution and use of water and energy, • Eliminate or reduce toxics that create hazards to workers and our community, • Support strong recycling markets, • Reduce materials that are landfilled, • Increase the use and availability of environmentally preferable products that protect the environment, • Identify environmentally preferable products and distribution systems, • Reward manufacturers and vendors that reduce environmental impacts in their production and distribution systems or services, and • Create a model for successfully purchasing environmentally preferable products and encourage other purchasers in our community to adopt similar goals. 3.0 STRATEGIES FOR IMPLEMENTATION 3.1 Source Reduction 3.1.1 Institute practices that reduce waste, encourage reuse, and result in the purchase of fewer products. G.11.a Packet Pg. 206 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.01.02 Subject: Environmentally Preferable Purchasing Effective Date: 11/15/16 Page 2 of 8 3.1.2 Purchase remanufactured products such as toner cartridges, tires, furniture, equipment and automotive parts when possible. 3.1.3 Consider short-term and long-term costs in comparing product alternatives. This includes evaluation of total costs expected during the time a product is owned, including, but not limited to, acquisition, extended warranties, operation, supplies, maintenance and replacement parts, disposal costs and expected lifetime compared to other alternatives. 3.1.4 Purchase products that are durable, long lasting, reusable or refillable and to the extent possible avoid purchasing one-time use or disposable products. 3.1.5 Request vendors eliminate packaging or use the minimum amount necessary for product protection. Vendors shall be encouraged to take back packaging for reuse. 3.1.6 Specify a preference for packaging that is reusable, recyclable or compostable, when suitable uses and programs exist. 3.1.7 Encourage vendors to take back and reuse pallets and other shipping materials. 3.1.8 Encourage suppliers of electronic equipment, including but not limited to computers, monitors, printers, and copiers, to take back equipment for reuse or environmentally sound recycling when the City of Grand Terrace discards or replaces such equipment, whenever possible. 3.1.9 Consider provisions in contracts with suppliers of non-electronic equipment that require suppliers to take back equipment for reuse or environmentally sound recycling when the City of Grand Terrace discards or replaces such equipment, whenever possible. 3.1.10 Promote electronic distribution of documents rather than printing or copying. 3.1.11 When producing paper documents, print and copy all documents on both sides to reduce the use and purchase of paper. Printers and copiers shall be set to default to duplex. 3.1.12 Reduce the number and type of equipment needed to perform office functions to save energy and reduce purchasing and maintenance costs. Eliminate desktop printers, redundant network printers and reduce the number of fax machines leased or owned by the City of Grand Terrace. Consider lease or purchase of multi- function devices. 3.1.13 Ensure all imaging equipment is installed with energy and resource-efficient settings set as default. G.11.a Packet Pg. 207 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.01.02 Subject: Environmentally Preferable Purchasing Effective Date: 11/15/16 Page 3 of 8 3.2 Recycled Content Products 3.2.1 Purchase products for which the United States Environmental Protection Agency (U.S. EPA) has established minimum recycled content standard guidelines, such as those for printing paper, office paper, janitorial paper, construction, landscaping, parks and recreation, transportation, vehicles, miscellaneous and non-paper office products. 3.2.2 Purchase multi-function devices, copiers and printers compatible with the use of recycled content and remanufactured products. 3.2.3 To the extent feasible and in accordance with California Public Contract Code, Sec. 10409, purchase re-refined lubricating and industrial oil for use in its vehicles and other equipment, as long as it is certified by the American Petroleum Institute (API) as appropriate for use in such equipment. This section does not preclude the purchase of virgin-oil products for exclusive use in vehicles whose warranties expressly prohibit the use of products containing recycled oil. 3.2.4 Ensure pre-printed recycled content papers intended for distribution that are purchased or produced contain a statement that the paper is recycled content and indicate the percentage of post-consumer recycled content. 3.3 Energy Efficient and Water Saving Products 3.3.1 Purchase energy-efficient equipment with the most up-to-date energy efficiency functions. This includes, but is not limited to, high efficiency space heating systems and high efficiency space cooling equipment. 3.3.2 Replace inefficient interior lighting with energy-efficient equipment when possible. 3.3.3 Replace inefficient exterior lighting, street lighting and traffic signal lights with energy-efficient equipment when possible. Minimize exterior lighting where possible to avoid unnecessary lighting of architectural and landscape features while providing adequate illumination for safety and accessibility. 3.3.4 Purchase U. S. EPA Energy Star certified products when available. 3.3.5 Purchase U.S. EPA WaterSense labeled water-saving products when available. This includes, but is not limited to, high-performance fixtures like toilets, low-flow faucets and aerators, and upgraded irrigation systems. 3.4 Green Building Products and Practices 3.4.1 Consider Green Building practices for design, construction, and operation as described in the LEED Rating Systems for all building and renovations undertaken by the City of Grand Terrace. G.11.a Packet Pg. 208 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.01.02 Subject: Environmentally Preferable Purchasing Effective Date: 11/15/16 Page 4 of 8 3.5 Landscaping Products and Practices 3.5.1 Select plants to minimize waste by choosing species for purchase that are appropriate to the microclimate, species that can grow to their natural size in the space allotted them, and perennials rather than annuals for color. Native and drought-tolerant plants that require no or minimal watering once established are preferred. 3.5.2 Hardscapes and landscape structures constructed of recycled content materials are encouraged. Limit the amount of impervious surfaces in the landscape. Permeable substitutes, such as permeable asphalt or pavers, are encouraged for walkways, patios and driveways. 3.6 Toxics and Pollution Prevention Products and Practices 3.6.1 Manage pest problems through prevention and physical, mechanical and biological controls when the City of Grand Terrace and its contractors maintain buildings and landscapes. 3.6.2 Use products with the lowest amount of volatile organic compounds (VOCs), highest recycled content, low or no formaldehyde and no halogenated organic flame retardants when purchasing building maintenance materials such as paint, carpeting, adhesives, furniture and casework. 3.6.3 Prohibit the purchase of products that use polyvinyl chloride (PVC) such as, but not limited to, furniture and flooring. 3.6.4 Purchase products and equipment with no lead or mercury whenever possible. For products that contain lead or mercury, the City of Grand Terrace should give preference to those products with lower quantities of these metals and to vendors with established lead and mercury recovery programs. In addition, whenever lead- or mercury-containing products require disposal, the City of Grand Terrace will dispose of those products in the most environmentally safe manner possible. All fluorescent lamps and batteries will be recycled. 3.6.5 Purchase or specify commercial carpeting that meets NSF/ANSI 140 Standard for Sustainable Carpet Assessment and require old carpet that is removed be recycled. 3.6.6 When replacing vehicles, consider less-polluting alternatives to diesel such as compressed natural gas, bio-based fuels, hybrids, electric batteries, and fuel cells, as available. 3.7 Bio-Based Products 3.7.1 Encourage the use of vehicle fuels made from non-wood, plant-based contents such as vegetable oils whenever practicable. G.11.a Packet Pg. 209 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.01.02 Subject: Environmentally Preferable Purchasing Effective Date: 11/15/16 Page 5 of 8 3.7.2 Use paper, paper products and construction products made from non-wood, plant- based contents such as agricultural crops and residues when feasible. 3.7.3 Use bio-based plastic products that are biodegradable and compostable, such as bags, film, food and beverage containers, and cutlery when feasible. 3.7.4 Purchase compostable plastic products that meet American Society for Testing and Materials (ASTM) standards as found in ASTM D6400. Meet ASTM D6868 standards for biodegradable plastics used as coatings on paper and other compostable substrates when feasible. 3.8 Forest Conservation Products 3.8.1 To the greatest extent practicable, do not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. 3.8.2 Encourage the purchase or use of previously used or salvaged wood and wood products whenever practicable. 4.0 RESPONSIBILITIES 4.1 City of Grand Terrace recognizes its duty to act in a fiscally responsible as well as a timely manner. 4.2 Nothing contained in this policy shall be construed as requiring a department, purchaser or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, risk the health or safety of workers and citizens, or are not available at a reasonable price in a reasonable period of time. 4.3 Nothing contained in this policy shall be construed as requiring the City of Grand Terrace, department, purchaser, or contractor to take any action that conflicts with local, state or federal requirements. 4.4 Grand Terrace has made significant investments in developing a successful recycling system and recognizes that recycled content products are essential to the continuing viability of that recycling system and for the foundation of an environmentally sound production system. 5.0 IMPLEMENTATION 5.1 The Director of Finance shall implement this policy in coordination with other appropriate Grand Terrace personnel. G.11.a Packet Pg. 210 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.01.02 Subject: Environmentally Preferable Purchasing Effective Date: 11/15/16 Page 6 of 8 5.2 Upon request, buyers making the selection from competitive bids shall be able to provide justification for product choices that do not meet the environmentally preferable purchasing criteria in this policy. 5.3 Encourage vendors, contractors and grantees to comply with applicable sections of this policy for products and services provided to the City of Grand Terrace. 6.0 PROGRAM EVALUATION 6.1 The Director of Finance shall periodically evaluate the success of this policy’s implementation and report to the City Council. 7.0 DEFINITIONS 7.1 “American Society for Testing and Materials” means ASTM International, an open forum for the development of high quality, market relevant international standards use around the globe. 7.2 “Bio-Based Products” means commercial or industrial products (other than food or feed) that utilize agricultural crops or residues but does not include products made from forestry materials. 7.3 “Biodegradable plastic” means the degradation of the plastic must occur as a result of the action of naturally occurring microorganisms. 7.4 “Buyer” means anyone authorized to purchase or contract for purchases on behalf of this jurisdiction or its subdivisions. 7.5 “Compostable plastic” means plastic that is biodegradable during composting to yield carbon dioxide, water and inorganic compounds and biomass, at a rate consistent with other known compostable materials and leaves no visually distinguishable or toxic residues. 7.6 “Contractor” means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor or other entity that has a contract with the City of Grand Terrace or serves in a subcontracting capacity with an entity having a contract with the City of Grand Terrace for the provision of goods or services. 7.7 “Degradable plastic” means plastic that undergoes significant changes in its chemical structure under specific environmental conditions. 7.8 “Energy Star” means the U.S. EPA’s energy efficiency product labeling program. G.11.a Packet Pg. 211 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.01.02 Subject: Environmentally Preferable Purchasing Effective Date: 11/15/16 Page 7 of 8 7.9 “Energy-Efficient Product” means a product that is in the upper 25% of energy efficiency for all similar products, or that is at least 10% more efficient than the minimum level that meets Federal standards. 7.10 “Federal Energy Management Program” is a program of the Department of Energy that issues a series of Product Energy Efficiency Recommendations that identify recommended efficiency levels for energy-using products. 7.11 “LEED Rating System” means the most recent version of the Leadership in Energy and Environmental Design (LEED) Rating System, approved by the U.S. Green Building Council, and designed for rating new and existing commercial, institutional, and residential buildings. 7.12 “NSF/ANSI” means NSF International follows the American National Standards Institute (ANSI) standards development process. Standards are developed by joint committees (balanced stakeholder groups of public health, industry and user representatives). 7.13 "Post-consumer Material" means a finished material which would normally be disposed of as a solid waste, having reached its intended end-use and completed its life cycle as a consumer item, and does not include manufacturing or converting wastes. 7.14 “Pre-consumer Material” means material or by-products generated after manufacture of a product is completed but before the product reaches the end-use consumer. Pre-consumer material does not include mill and manufacturing trim, scrap, or broke which is generated at a manufacturing site and commonly reused on-site in the same or another manufacturing process. 7.15 “Recovered Material” means fragments of products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes pre-consumer and post-consumer material but does not include excess resources of the manufacturing process. 7.16 “Recycled Content” means the percentage of recovered material, including pre- consumer and post-consumer materials, in a product. 7.17 “Recycled Content Standard” means the minimum level of recovered material and/or post-consumer material necessary for products to qualify as “recycled products.” 7.18 “Recycled Product” means a product that meets the City of Grand Terrace’s recycled content policy objectives for post-consumer and recovered material. 7.19 “Remanufactured Product” means any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to its original form. G.11.a Packet Pg. 212 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.01.02 Subject: Environmentally Preferable Purchasing Effective Date: 11/15/16 Page 8 of 8 7.20 “Reused Product” means any product designed to be used many times for the same or other purposes without additional processing except for specific requirements such as cleaning, painting or minor repairs. 7.21 “Source Reduction” refers to products that result in a net reduction in the generation of waste compared to their previous or alternate version and includes durable, reusable and remanufactured products; products with no, or reduced, toxic constituents; and products marketed with no, or reduced, packaging. 7.22 “U.S. EPA Guidelines” means the Comprehensive Procurement Guidelines established by the U.S. Environmental Protection Agency for federal agency purchases as of October 2007 and any subsequent versions adopted. 7.23 “Water-Saving Products” are those that are in the upper 25% of water conservation for all similar products, or at least 10% more water-conserving than the minimum level that meets the Federal standards. 7.24 “WaterSense” means a partnership program by the U.S. Environmental Protection Agency. Independent, third-party licensed certifying bodies certify that products meet EPA criteria for water efficiency and performance by following testing and certification protocols specific to each product category. Products that are certified to meet EPA specifications are allowed to bear the WaterSense label. 8.0 EFFECTIVE DATES 8.1 This policy shall take effect on November 15, 2016. G.11.a Packet Pg. 213 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.02 Subject: Budget Appropriation Adjustments Effective Date: 5/13/14 Page 1 of 3 PURPOSE: To establish policies and procedures regarding changes to appropriation amounts after adoption of the Annual Budget by the City Council. DEFINITIONS: Type A Adjustments: New or increased appropriations necessary to fund service level changes, new programs, fixed assets, and expenditures in excess of approved budget amounts. Type B Adjustments: New or increased appropriations with offsetting revenues such that there is no net budgetary impact. Type C Adjustments: Transfer of budget amounts from one operating program to another in different funds and/or departments. Type D Adjustments: Transfer of budget amounts from a Capital Improvement Plan (CIP) project to another, regardless of fund. Type E Adjustments: Transfer of budget amounts from one division, program, or object code to another within the same fund and department. POLICY: I. Responsibility A. Budget adjustments shall be processed at such time it is determined that additional funds are needed in a program (business unit) so that expenditures will not exceed the City Council approved appropriation for the program (business unit). This shall apply to operating programs as well as capital projects. B. Every budget adjustment request requires the completion of a Budget Appropriation Adjustment (BAA) Form. Written justification is required on the BAA Form for all requests. II. Procedures and Required Approvals A. Type A: New or increased appropriations from reserves or fund balance 1. New or increased appropriations from reserves or fund balance shall require City Council approval. A properly completed BAA Form must be submitted as an attachment to the City Council staff report describing the appropriation request. The Finance Department will retain the BAA Form following its review and verification; it will not be included as an attachment to the final staff report. 2. These adjustments must be approved by the City Council prior to commitment of funding in excess of budgeted amounts. G.11.a Packet Pg. 214 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.02 Subject: Budget Appropriation Adjustments Effective Date: 5/13/14 Page 2 of 3 B. Type B: New or increased appropriations with offsetting revenues; no net budgetary impact 1. The City Manager is authorized to approve such appropriations. 2. This type of appropriation adjustment shall require the following approvals: Requestor: Program Supervisor/Manager Approval: Department Head Approval: Finance Director Approval: City Manager or designee C. Type C: Transfers of budget amounts between operating programs in different funds and/or departments, regardless of fund, shall require the following approvals: 1. The City Manager is authorized to approve such appropriations. 2. This type of appropriation adjustment shall require the following approvals: Requestor: Program Supervisor/Manager Approval: Department Head Approval: Finance Director Approval: City Manager or designee D. Type D: Transfer of budget amounts between Capital Improvement Plan (CIP) projects, regardless of fund, shall require the following approvals: 1. The City Manager is authorized to approve such appropriations. 2. This type of appropriation adjustment shall require the following approvals: Requestor: Program Supervisor/Manager Approval: Department Head Approval: Finance Director Approval: City Manager or designee E. Type E: Transfer of budget amounts from one division, program, or object code to another within the same fund and department shall require the following approvals: 1. The Finance Director is authorized to approve such appropriations. 2. This type of appropriation adjustment shall require the following approvals: Requestor: Program Supervisor/Manager Approval: Department Head Approval: Finance Director III. Request Procedures Requests for Budget Appropriation Adjustments shall be completed on the authorized BAA Form (Exhibit A). G.11.a Packet Pg. 215 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.02 Subject: Budget Appropriation Adjustments Effective Date: 5/13/14 Page 3 of 3 IV. Routing and Follow-up A. Type A adjustments (City Council approval required) 1. The department requesting the appropriation adjustment is responsible for completing the BAA request form and attaching it to the corresponding City Council staff report. 2. The Finance Director will retain the BAA Form following its review and verification; it will not be forwarded with the staff report for subsequent reviews and approvals, nor included as an attachment to the staff report. 3. Upon Council approval, the Finance Department will process the budget adjustment, with no further approvals on the BAA Form required. B. All Other Types of Adjustments 1. The department shall prepare the BAA Form and specify in the justification box of the form, the reason for the adjustment request. If there is insufficient room for the justification, an additional Word document specifying the purpose or need for the adjustment may be attached. 2. After departmental staff signatures are obtained, the BAA Form should be routed to the Finance Director for review and final processing. V. City Council Staff Reports A. The recommendation and fiscal impact sections of the report to City Council should include specific reference to the nature of the appropriation adjustment. 1. If the adjustment is to increase an amount of an existing budgeted project or program, the proper account codes must be included in the recommended action. 2. If the request is for a new project or program, the report should indicate the proposed funding sources and amounts of appropriations required. 3. In addition, if new revenue sources are associated with the proposed project/program (i.e., grants, special revenues, etc.) these should be included and identified in the recommended City Council action so that appropriate revenue accounts can be adjusted. 4. A properly completed BAA Form must be submitted as an attachment to the City Council staff report describing the appropriation request. The Finance Department will retain the BAA Form following its review and verification; it will not be included as an attachment to the final staff report. G.11.a Packet Pg. 216 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Date: Department: Cost Center: Type of Adjustment: New/Additional Appropriations (Expense) from Reserves/Fund Balance Required Signatures: 1: Requestor 2: Dept. Head 3: Finance Dept. 5: City Manager 6: City Council New/Additional Appropriations (Expense) with offsetting Revenue (no net budgetary impact). Required Signatures: 1: Requestor 2: Dept. Head 3: Finance Dept. 5: City Manager Transfers between Funds & Departments (Inter-fund/Inter-Departmental Transfers) Required Signatures: 1: Requestor 2: Dept. Head 3: Finance Dept. 5: City Manager Transfers between Capital Improvement Program (CIP) projects within the same fund (no net budgetary impact) Required Signatures: 1: Requestor 2: Dept. Head 3: Finance Dept. 5: City Manager Transfers between Cost Centers within the same Department & Fund (no net budgetary impact) Required Signatures: 1: Requestor 2: Dept. Head 3: Finance Dept. Revenue Current Budget Increase/ (Decrease) Revised/ Budget Expense Current Budget Increase/ (Decrease) Revised/ Budget Transfer OUT (From) Current Budget Increase/ (Decrease) Revised/ Budget Transfer IN (To) Current Budget Increase/ (Decrease) Revised/ Budget Prepared by: Requestor Extension:Date: Authorization: Department Head Extension:Date: Approval as to Funds: Finance Department Extension:Date: Authorization: City Manager Extension:Date: TOTAL TOTAL Council Action No. Justification/Reason for Budget Appropriation Adjustment Justification/Reason for Budget Appropriation Adjustment EXHIBIT A - City of Grand Terrace Budget Appropriation Adjustment (BAA) Form Council Action Date GL Account No. GL Account No. Note: For Type A adjustments, please attach minutes from the City Council meeting to provide documentation of City Council approval. Signature by the Mayor on the BAA Form is not required. Account Description Justification/Reason for Budget Appropriation Adjustment GL Account No. GL Account No. Justification/Reason for Budget Appropriation AdjustmentAccount Description TOTAL TOTAL Account Description Account Description A) B) C) D) E) G.11.a Packet Pg. 217 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.03 Subject: Travel & Related Business Expenses Effective Date: 5/13/14 09/13/2022 Page 1 of 10 PURPOSE: This policy establishes the basic guidelines for travel on City business. It defines the City’s expectations of its employees (and other City officials) who are required to travel in connection with their work responsibilities, identifies which expenses will be advanced or reimbursed to the employee by the City, and which expenses are considered the personal responsibility of the employee. Business travel is defined as authorized attendance at conferences and seminars, or authorized travel for any other purpose in connection with official City responsibilities. Business travel includes one-day trips and trips requiring one or more overnight stays. As a general rule, this policy is not intended to cover business meetings of less than one day involving travel of less than 150 miles round trip, even though employees may be reimbursed for their cost of meals and travel. In such cases Department Head discretion is required and departments may decide that such travel fits within the scope of this policy. As an example, a day trip to Los Angeles to attend a business meeting will likely involve meals and transportation expense reimbursement. However, such travel may involve less than $100 of expenditures and are generally not considered as part of the scope of this policy. POLICY: I. General Standards A. Mandatory Use of the Travel Authorization & Expense Reporting Form (Exhibit A). The Travel Authorization & Expense Reporting Form (Travel Form) is a mandatory document for all employees, whether or not one expects to receive a travel advance or reimbursement for business related travel expenses. It serves as an estimate of the total cost of attending conferences, meetings and seminars, and provides documentation of cash advances, vendor payments and credit card purchases. Equally important, it serves as documented authorization to travel on City business and helps identify when the employee is traveling on behalf of the City in case of an accident or other incident. The requirement to submit a Travel Form also applies to City Council Members and other appointed officials (such as Planning Commissioners), who will coordinate travel with the City Manager’s Office and obtain City Manager approval of the Travel Form as a prudent internal control measure. B. Policy Emphasizes Economy and Practicality with Reasonable Subsistence and Accommodations while on City Business 1. This policy provides for reasonable subsistence, modes of travel, and lodging and accommodations while on City business. The intent is to allow employees to eat in moderately priced restaurants, stay in moderately priced hotels, and travel comfortably. Employees are responsible for using good judgment in G.11.a Packet Pg. 218 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.03 Subject: Travel & Related Business Expenses Effective Date: 5/13/14 09/13/2022 Page 2 of 10 making reservations, and travel decisions should emphasize economy and efficiency at all times. For example: a. When using air travel, employees should always book flights in coach as opposed to first class. b. Although the Internet offers numerous specials and low-priced flights, flexibility is often sacrificed and sales are often final. Employees should consider this when booking their flights and can be held personally accountable if a flight is booked incorrectly, costing the City money. To provide more flexibility, designated travel agencies should be used. c. When choosing a hotel for a conference, it is preferable to stay at the hotel where the conference is being held even though it may be slightly more expensive than others in the area. 2. It is permissible to combine personal travel with business travel, such as departing for a business conference a few days early to utilize personal vacation time. But only strictly business-related expenses will be advanced or reimbursed and personal travel shall not result in higher business travel costs or they must be reimbursed to the City. D. Policy is Not Intended to be All Inclusive 1. This policy is not intended to address every issue, exception or contingency that may arise in the course of City travel or attendance at meetings. 2. Accordingly, the basic standard that should always prevail is to use good judgment and economy in the use and stewardship of City funds. II. Travel Authorization & Expense Reporting Form (“Travel Form”) A. Travel Authorization 1. Travel Authorization approval by Department Head and City Manager is required whenever: a. Total estimated cost will exceed $200; or b. Overnight accommodations will be required. 2. Department Head authorization is acceptable for employee travel that is estimated at $200 or less and does not involve overnight accommodations. 3. Travel Restrictions a. Out-of-state travel authorizations require approval by the City Manager (or his/her designee). G.11.a Packet Pg. 219 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.03 Subject: Travel & Related Business Expenses Effective Date: 5/13/14 09/13/2022 Page 3 of 10 b. Department Head travel authorizations require approval of the City Manager (or his designee). 4. Determining Methods of Payment for Travel Expenses a. The City will pay for legitimate and reasonable travel-related business expenses, including transportation, lodging, registration fees, meals, and any other related expenses if they are for official business and fit within these guidelines. b. There are four methods of payment for travel-related expenses: (1) direct payment to vendors by check; (2) payment by City credit card (secured in the Finance Department); (3) reimbursement to the employee for out-of- pocket expenses; and (4) cash advances, which include per diem. c. Direct payments to vendors are made by the City to an organization to pay for specific costs related to the trip. These costs usually include registration fees, lodging and airfare. d. City credit card (may be used to prepay travel expenses, including registration fees, lodging and airfare, or may be used to cover expenses as they arise on the trip. Credit cards may not be used to advance per diem. e. The employee will be reimbursed for actual, reasonable and allowable out-of-pocket expenses related to travel on City business. The employee must account for out-of-pocket expenses with receipts. f. Cash advances, including per diem, are lump sum payments made to the employee prior to one’s travel based on reasonable estimated expenses. Ground transportation is often difficult to estimate, but may be advanced to the employee using reasonable estimates based on the itinerary. Upon the employee’s return, and with the exception of per diem expenses, the employee must account for advanced expenses with receipts. Advances exceeding substantiated expenses must be returned to the City. If authorized expenses (excluding meals and incidentals covered by per diem) exceed the amount advanced, the City will reimburse the employee for the difference. Note: Receipts are not needed to justify meals and incidental expenses covered by per diem. g. To obtain direct vendor payments or to receive a cash advance, the employee must do the following prior to his trip: 1) Complete the appropriate sections of the Travel Form. G.11.a Packet Pg. 220 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.03 Subject: Travel & Related Business Expenses Effective Date: 5/13/14 09/13/2022 Page 4 of 10 2) Attach documentation for all payments requested. This would include copies of registration forms, announcements, itineraries, and copies of seminar brochures that provide detail of costs. 3) Attach completed and signed Direct Pay Request forms for all travel-related payment requests. a) Include the appropriate authorization signatures. b) Retain a copy of the completed form to reconcile and account for actual expenses upon return from trip. c) Submit the Travel Form and any Direct Pay Request forms to the Accounts Payable section of the Finance Department. 5. Per Diem (Meals and Incidentals) a. Meals and incidentals, as defined by Internal Revenue Service (IRS) guidelines, include all meals and miscellaneous hotel services, such as tips to waiters and porters. Per Diem will be paid at the current rates established by IRS guidelines determined by the minimum federal per diem rate table for the City’s region. All IRS tax rules will apply. b. By IRS regulations, per diem is defined as travel subsistence extending beyond one day and there is no requirement to provide receipts. However, for one day or partial days of travel, meals expense receipts are required and the standard one day, non-per diem meal allowance will be $79 45 allocated as follows: Breakfast: $ 8.00 18.00 Lunch: $12.00 20.00 Dinner: $25.00 36.00 Incidentals: $5.00 If an employee is advanced money for one-day or partial day meals and the total amount of all receipts is less than the amount advanced, the difference must be reimbursed to the City. Conversely, if the employee exceeds the total one-day or partial day standard non-per diem meal allowance and is requesting reimbursement, receipts MUST be provided and reimbursement shall be at the discretion of the Finance Director based on the circumstances. c. As a general rule, employees are expected to base their requests for daily meals and incidentals according to the federal per diem rates. G.11.a Packet Pg. 221 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.03 Subject: Travel & Related Business Expenses Effective Date: 5/13/14 09/13/2022 Page 5 of 10 d. As an alternative, an employee can elect not to receive per diem and request reimbursement of actual, reasonable and allowable subsistence expenses that are substantiated with receipts. This alternative must be approved in advance and receipts must accompany the request for reimbursement. However, a combination of per diem and reimbursement of meals and incidental business expenses is prohibited. e. Partial per diem for travel of more than one day may be advanced depending on the employee’s departure time and return time. The request for partial or full per diem will be based on the employee’s itinerary and will be granted based on a “fair and reasonable” request. Partial days per diem will be prorated as follows: 1) Travel of less than 12 hours in a day will be prorated to one-half day of per diem. 2) Travel of 12 hours or more in a day will count as a full day for per diem. For example, assuming a daily per diem of $79 45, if an employee leaves on Monday at 6:00 A.M. to San Francisco for a business conference and returns to work at 1:00 P.M. on Tuesday, the per diem advance would be $158 90. 6. Other Expenses a. Alcoholic Beverages – Expense reimbursement for alcoholic beverages will not be allowed. b. Spouses and Guests – Spouses and guests are welcome to accompany employees on City travel and at conferences, seminars and meetings. However, any additional costs associated with the participation of a spouse or guests are the responsibility of the employee. 7. Method of Travel a. When planning the transportation portion of the trip, the employee must consider all aspects of cost to the City, such as daily expenses, overtime, lost work time, and actual transportation costs. In general, common carrier (bus, train or plane) is preferred mode of transportation. b. The City will only pay or reimburse employees for the cost of coach class flights. c. Employees shall be responsible for canceling any airline or hotel reservations they will not use. Any charge for an unused reservation shall be considered the employee’s personal expense, unless failure to cancel the reservation was due to circumstances beyond the employee’s control. G.11.a Packet Pg. 222 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.03 Subject: Travel & Related Business Expenses Effective Date: 5/13/14 09/13/2022 Page 6 of 10 d. If available, a City-owned vehicle should be used for travel unless the employee receives a mileage allowance. e. If a City vehicle is not available, or if there is another reason why the employee should drive his/her personal automobile, the City will reimburse the employee with either the cost of the most appropriate means of transportation, or the actual mileage involved in the travel, whichever is the lesser of the two. f. The reimbursed mileage rate for use of a private vehicle for City travel will be at the current Standard Federal Mileage Rate set by the IRS. g. Mileage reimbursement for a private vehicle being used for City travel must consider the employee’s normal commute to work and whether the employee receives a monthly vehicle allowance. If the employee does not receive a vehicle allowance, the employee is entitled to reimbursement for all business miles driven, with the following exceptions: 1) If travel begins and ends at work, the entire business mileage will be reimbursed. 2) If travel begins at work and ends at home (or vice versa), and if the total business mileage driven is less than the total mileage that would have been driven if travel began and ended at work, the total mileage can be claimed. (Example: John Doe lives in Banning and is attending a morning conference in Los Angeles. The trip from Banning to Los Angeles is 75 miles, but is only 60 miles from Grand Terrace to Los Angeles. Since his normal commute would bring him to Grand Terrace and 10 miles closer, in this case John would be reimbursed 120 miles, the round-trip distance from City Hall). 3) If travel begins at home and ends at home, and if the total business mileage driven is less than the total mileage that would have been driven if travel began and ended at work, the total mileage can be claimed. (Example: Jane Doe lives in Banning and is attending a conference in Palm Springs. The round-trip mileage from her house is 120 miles, but would have been 130 miles had she started at and returned to the Grand Terrace City Hall. In this case Jane would be reimbursed for the 120-mile round trip). 4) Under no circumstances shall reimbursement be given to the total business mileage claimed that exceeds the total mileage had the travel begun and ended at work. G.11.a Packet Pg. 223 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.03 Subject: Travel & Related Business Expenses Effective Date: 5/13/14 09/13/2022 Page 7 of 10 h. If an employee already receives a monthly vehicle allowance, a total of 50 miles must be deducted for each one-way travel to or from the authorized City business travel destination. The mileage exceeding a 50-mile radius is subject to reimbursement, however, the first 50 miles each way is considered applicable to the employee’s vehicle allowance. The above four rules shall also apply. i. In order to drive a privately-owned vehicle on City business, the employee must: 1) Possess a valid California driver’s license. 2) Carry liability insurance, as required by the State of California 3) Realize that any damage to the employee’s personal vehicle and/or service or repair occurring on the trip will be the employee’s responsibility, as insurance costs are factored in the IRS per mile cost reimbursement. j. If local ground transportation is needed during the trip, the use of public transit such as airport shuttles, buses, streetcars, and subways is appropriate. k. Ground transportation must be efficient and cost effective. Use of taxis, hotel courtesy buses and local shuttles are allowed when other public transit or common carriers are not reasonably available. l. Requests for advances of ground transportation costs (including tips) should be substantiated whenever possible. If the cost cannot be substantiated, advances will be based on a fair and reasonable estimate of expenses. m. Ground transportation receipts are required for reimbursement. Employee requests for out-of-pocket reimbursement of ground transportation costs without receipts are subject to review and approval by the Finance Director. n. The use of a rental car is authorized in cases where it is economical or more feasible relative to using ground transportation. o. If a car rental is required, the employee may request reimbursement for out-of-pocket costs including fuel, upon return from business travel. Receipts are required. The optional car rental agency-provided insurance is not a reimbursable cost. Since employees are normally insured by their own automobile insurance carrier for use of a rental vehicle, employees may opt for this coverage at their own expense. p. The City will reimburse all reasonable business travel expenses, including bridge tolls and parking fees incurred as a result of an G.11.a Packet Pg. 224 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.03 Subject: Travel & Related Business Expenses Effective Date: 5/13/14 09/13/2022 Page 8 of 10 employee’s authorized use of a private vehicle or City vehicle while traveling on City business. Receipts are required. q. Without receipts, any employee request for out-of-pocket reimbursement of costs incurred as a result of an employee’s authorized use of a private vehicle or City vehicle while traveling on City business is subject to review and approval by the Finance Director and additional approval by the City Manager. 8. Compensation for Travel Time (Non-Exempt Employees) a. When travel time exceeds the normal workday or workweek, the City’s rules for overtime apply to those employees eligible for overtime. b. In determining overtime compensation, normal commute time should be deducted from total travel time. c. Normal unpaid meal periods are not considered work time while traveling. d. Overtime eligibility applies equally to drivers and passengers, and should be granted whether travel occurs during normal workdays or on weekends or evenings. 9. Lodging a. Lodging is allowed for attendance at conferences, seminars or meetings that are in excess of 50 miles or one hour of travel time, one-way, from the employee’s home. The City Manager may approve exceptions to the 50-mile/one hour minimum if he/she considers the request to be reasonable and practical, especially considering the destination, the difficulty of the commute, and the starting time of the conference. b. Reasonable lodging expenses will be paid at actual cost including taxes and parking, for as many nights as necessary. c. The lodging accommodations should be economical and practical. In general, the employee should select the most reasonably priced accommodations available, but consistent with the purpose and goals of the trip. d. When choosing a hotel for a conference, it is preferable to stay at the hotel where the conference is being held even though it may be slightly more expensive than others in the area, in order to reduce transportation expenses such as cab fares. e. Other non-business related room charges, including movies or refreshments are not reimbursable. G.11.a Packet Pg. 225 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.03 Subject: Travel & Related Business Expenses Effective Date: 5/13/14 09/13/2022 Page 9 of 10 f. When making lodging reservations, be sure to ask if a “government rate” is available. Some cities exempt travelers on government business from their local transient occupancy tax (TOT). This can represent as much as a 12%-15% savings on lodging costs depending on the TOT rate. Check with the hotel for this exemption and form. g. Since there is seldom a difference in the room rate for double occupancy, it is permissible for an employee to share a room with a spouse or guest at no additional cost to the City. However, if double occupancy of a room by a non-City employee results in an increased room rate, the difference will be the employee’s personal expense. Furthermore, incurring a non-business related expense using advanced City funds is prohibited. 10. Incidental Expenses a. Incidental expenses include but are not limited to tips for persons who provide services, such as waiters, maids, porters, and baggage handlers. b. Incidental expenses incurred while on an overnight business trip are covered by per diem. To receive reimbursement on incidental expenses incurred on a day business trip, receipts should be submitted whenever possible. If the employee is unable to obtain a receipt, the costs should be documented on the Travel Form as a reimbursement request, along with an explanation of why a receipt was not available. Reimbursement of such unsupported expenses will require approval by the Finance Director and City Manager. c. Business-related expenses such as telegrams and telephone calls, copying and faxing, computer accessories, tapes and other training materials purchased at a conference are reimbursable with receipts, and become property of the City. Whenever possible, employees should anticipate the need for supplies and should take whatever they need with them instead of purchasing these supplies at their destination, where the cost may be significantly more than what the City would normally pay. d. Tips are generally an allowable and reimbursable cost of business travel, but they must be reasonable. 1) For business trips not involving per diem, they should never exceed 15% of the cost of the meal. 2) For ground transportation, they should not exceed 10% of the fare. 11. Non-Reimbursable Expenses G.11.a Packet Pg. 226 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.03 Subject: Travel & Related Business Expenses Effective Date: 5/13/14 09/13/2022 Page 10 of 10 Personal entertainment costs are not reimbursable. These include headphones or alcoholic beverages purchased on airplanes, video rentals and refreshment bars in hotel rooms, spas and gyms, laundry or dry cleaning and other items of a personal nature. B. Travel Expense Report 1. When returning from a trip, a final accounting of all expenses related to the trip must be approved by the Supervisor and Department Head, and then submitted to the Finance Department within 15 working days. Department Head Travel Expense Reports must be approved by the City Manager. City Manager Travel Expense Reports must be approved by the Finance Director and Mayor. 2. A Travel Expense Report is required in all cases – there are no exceptions. This is mandatory whether or not the advance received is equal to the expenses incurred, whether the employee is eligible for additional reimbursement, or whether money is owed to the City. 3. If the employee owes the City for the unused balance of a cash advance (other than per diem), he/she should pay the amount due to the Finance Department cashier and attach the receipt to his Travel Expense Report. The amount returned to the City must be applied as a credit to the expense account originally used for the cash advance. 4. Supervisors and Department Heads approving Travel Expense Reports are responsible for ensuring that: a. All expenses are reasonable, necessary and consistent with this policy; b. Any required receipts are attached; c. The final disposition is correct (balance due employee, or balance due City); d. Any amounts due to the City are fully reimbursed; and e. Final accounting of all expenses related to the trip is submitted to the Finance Department within 15 workdays following the employee’s completed travel. 5. If the City owes the employee money, the employee may request reimbursement by forwarding the Travel Expense Report to the Finance Department along with a Request for Payment. If the amount requested is $100 or less, a Petty Cash Request may be submitted for reimbursement. Requests for reimbursement will be processed on the next available Accounts Payable check run, if submitted by the normal Accounts Payable deadline, but no later than 10 workdays following receipt. Requests for reimbursement by petty cash will be reimbursed per the City’s Petty Cash & Change Boxes Policy (Fiscal Policy No. 1.02). G.11.a Packet Pg. 227 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.03 Subject: Travel & Related Business Expenses Effective Date: 5/13/14 09/13/2022 Page 11 of 10 6. If the employee owes the City money, he/she should attach a check to the Travel Expense Report. G.11.a Packet Pg. 228 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) ORIGINAL G.11.a Packet Pg. 229 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) EXHIBIT A - City of Grand Terrace - Travel Authorization & Expense Reporting Form Instructions: Prior to travel or training, complete Part I to have anticipated expenses approved. Submit a copy of this approved form with each payment expense submitted. Complete Part II to confirm total travel expenses including any approved adjustments. If paid with a procurement card, submit a copy of this approved form with the appropriate bank statement, otherwise submit to Accounts Payable within 15 workdays of the travel end date. Travel Authorization I Pre-Trip Employee Signature Pre-Trip Supervisor Signature (where applicable)I Name: Purpose of Trip: Job Title: Destination: Dates: Expense Type Estimated $ Actual $ Registration: Lodging: Mileage: Airfare: Total: Per Diem: Total Travel Days (Enter# of Days) >» X Supervisor's Approval X Date City Manager Approval (as required) X X Department Head Approval X Date REVISED G.11.a Packet Pg. 230 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.04 Subject: Grants Effective Date: 5/13/14 Page 1 of 5 PURPOSE: To clarify, standardize and identify the benefits of seeking potential grants and the process to properly manage and maximize the use of grants. GOALS: To seek grant funding that will enhance, support and provide additional services to the City, which will clearly provide a positive benefit to the community or needed infrastructure improvements that may not be provided at adequate levels due to limited City revenues. POLICY: To perform cost/benefit analysis of a grant request and to identify potential financial impacts relating to costs associated with the hiring of new personnel, equipment and technology and other related costs during the term of grant and after expiration of grant. I. Pre-Application Process – Review of Grant/Grant Proposal Information Form A. Upon notification of a potential grant, the City Manager shall assign it to the applicable department. A department that receives direct notification of a grant opportunity may also initiate the grant application process after notifying and receiving concurrence from the City Manager’s office. The department shall designate a Grant Project Manager to identify and review potential grant sources, obtain grant application materials and related regulations. This process is not applicable for ongoing direct allocation grants such as the Community Development Block Grant (CDBG) program. Sections II, IV and V of the Grant Policy shall not apply to potential grants of less than $25,000 which the Grant Project Manager determines have matching or administrative requirements which can be handled within the approved City budget and current staffing resources. 1. Federal Grants: identify all requirements needed prior to and after approval of grant such as public hearings, notification of public clearinghouse, advisory boards, lobbying efforts, monitoring/audits and type of reporting requirements. Address issues dealing with supplanting of local funds which restrict funding or existing staff/technology and limit funding to only new hires and new technology. 2. State Grants: identify state requirements including mandatory quarterly/annual reports and monitoring. 3. The annual CDBG entitlement process is not addressed in this policy because the procedures and regulations are outlined under 24 CFR Part 570. Individual projects funded under CDBG shall be applicable to certain provisions of this policy relating to Federal grants. II. Completion of Grant Proposal Information Form & Cost/Benefit Worksheet A. Based on information obtained, the Grant Project Manager shall complete the Grant Proposal Information Form (Exhibit A) and Grant Cost/Benefit Worksheet (Exhibit B). The grant funding identified in Exhibit B should be based on a five- G.11.a Packet Pg. 231 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.04 Subject: Grants Effective Date: 5/13/14 Page 2 of 5 year budget projection if applicable. Exhibits A and B shall be reviewed and approved by the Department Head, Finance Director, and City Manager (or designee) as part of the grant application process. 1. Identify amount or percent of grant funds covering cost of personnel, consultant services, design, construction, equipment and technology. 2. Identify source and amount of matching funds needed to be budgeted for the term of the grant. 3. The Finance Director shall determine if adequate funds are available to meet required local match plus any additional costs exceeding the match. 4. The City Manager and the Finance Director, after consultation with Human Resources, shall determine whether grants that have supplanting conditions relating to the hiring of new personnel and technology shall be considered for funding. a. Due to the financial impacts of short-term grants that fund personnel for a limited time, special review must be undertaken to analyze the cost/benefit of the grant. b. If the cost/benefit analysis clearly demonstrates a strong community benefit, the City Manager may: (1) limit the hiring of new personnel to the term of the grant; or (2) authorize continued funding of the new personnel costs after termination of the grant. III. Complete Grant Application A. The grant application shall be completed by the Grant Project Manager under the direction of the applicable Department Head. The Grant Project Manager shall write and complete the grant proposal. The Grant Project Manager shall also confirm that the grant proposal meets eligibility requirements and is consistent with the grant guidelines; that goals and objectives are clearly identified; and that the percent and amount of costs funded by the grant and required matching funds are clearly identified. 1. Ensure the complete computation of personnel and other applicable costs such as consultant services, estimated design and construction, equipment and technology, etc. are included in the grant document. Obtain the computation of component grant costs as follows: a. Personnel costs: Finance Department b. Computer equipment and technology-related costs: Information Services c. Design and construction costs: Public Works Department d. Other miscellaneous costs: Finance Department G.11.a Packet Pg. 232 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.04 Subject: Grants Effective Date: 5/13/14 Page 3 of 5 2. Verify the source and amount of the required local match for term of grant. Ensure that all direct costs or in-kind services are identified and included in the grant as eligible expenses or City matching funds to the extent possible. IV. City Council Review A. A City Council staff report describing and justifying the benefits of the grant application request shall be presented to the Council prior to grant submittal. In the event of agenda scheduling conflicts due to untimely notification by funding agency of grant deadline, the City Council shall be advised by memo (or other communication such as the City Manager’s Report) of the grant submittal. A staff report shall be submitted after grant award notification requesting acceptance of grant award. B. Complete resolution for City Council approval if required by grant. V. Finance Director/City Manager Review A. The completed grant application shall be reviewed by the Finance Director and City Manager (or designee) prior to submittal: 1. Review completed grant proposal and staff report to evaluate cost/benefit of receiving administering grant, assure consistency with program goals and identification of personnel, equipment, technology and other related costs. 2. Verify all costs associated with the grant are identified and fully accounted for throughout the term of the grant. 3. The City Manager (or designee) shall have the exclusive authority to execute grant agreements, to sign financial reports and grant applications. VI. Grant Award Notification A. Upon notification of award the Grant Project Manager shall take the following steps: 1. Prepare a staff report to City Council for acceptance of grant award, if the City Council had not previously approved the grant application. The staff report must include a Budget Appropriation Adjustment Form to record grant revenues and expenditures, as further defined in Fiscal Policy No. 3.03 (Budget Appropriation Adjustments). Coordinate with Finance to establish/set up fund accounts for grant, if necessary. G.11.a Packet Pg. 233 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.04 Subject: Grants Effective Date: 5/13/14 Page 4 of 5 2. Following City Council’s acceptance, prepare a News Release for review and approval of the City Manager’s office. 3. Schedule a meeting to discuss the applicable financial, project management and reporting requirements of new grant. a. Review personnel, equipment and technology data to determine if needs and costs are still applicable or need updating. b. Set up separate meeting for design and construction projects to discuss project issues and grant requirements related to Federal funding such as preparation of construction-related documents procurement, Davis Bacon compliance standards, etc., and hold a pre-construction conference and take minutes of meeting. c. Initiate all necessary procurement activities, distribute grant documents to those departments involved in the project, hire grant-funded personnel and purchase equipment and technology. d. Monitor projects for compliance with grant requirements, assure timely submittal of required quarterly, semi-annual or annual progress reports. The Grant Project Manager shall coordinate with assigned department to specify the responsibilities of the grant- funded personnel that may involve collection of data for preparation of reporting requirements. 4. Provide technical and administrative assistance to the grantee department if needed. 5. Ensure that all grant-funded contracts include the required grant provisions and route to applicable staff. 6. Prepare appropriate purchase requisitions and progress payment requests. The Grant Project Manager shall prepare requests for grant payments and/or reimbursements and obtain appropriate department signatures and shall review for eligibility of purchase under conditions of the grant. 7. Coordinate with Finance staff the submittal of copies of grant documentation associated with grant-funded purchase requisitions. The Grant Project Manager shall identify personnel, equipment and technology and reference with specific grant name or number on documentation for purchase requisition. 8. Prepare electronic transfer draw-downs for Federally-funded projects or other procedure identified by funding agency. 9. Review/approve change order requests for construction projects. G.11.a Packet Pg. 234 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.04 Subject: Grants Effective Date: 5/13/14 Page 5 of 5 VII. Grant Expiration/Project Completion A. The Grant Project Manager and assigned department shall notify other departments of project completion. 1. Review departmental grant file for completeness of all required documentation and mandatory reports. Complete final assessment report if required. 2. Retain records for the required time period. 3. Participate in grant audit or monitoring. 4. Prepare News Release regarding completion of project if appropriate. 5. Schedule and attend grant close-out meetings (construction projects). G.11.a Packet Pg. 235 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) EXHIBIT A GRANT PROPOSAL INFORMATIONAL FORM Name of Grant: Funding Source: Federal State Other (Describe) Responsible Department: Amount of Grant: $ Local Match Required $ Please provide brief answers for the following questions. 1. Is the grant consistent with the policy and goals identified in the Grant Policy (Fiscal Policy No. 3.04)? 2. Provide brief description of grant. 3. Describe and identity costs for the personnel, equipment, technology, construction, design and other items required or needed under this grant (refer to Attachment B). a. Personnel b. Equipment/Technology c. Design/Engineering d. Construction e. Other G.11.a Packet Pg. 236 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) 4. Identify Grant Project Manager and other departments/staff who will be responsible for implementing the grant and providing project oversight. 5. List procedural requirements for grant such as public hearing, advisory board setup, Davis Bacon, environmental reviews, etc. and describe any potentially costly monitoring or compliance issues. 6. Identify required reports (quarterly, semi-annual, annual) to be completed after grant award and what department/staff would be assigned reporting requirements. 7. Describe the cost/benefit aspects of the grant. 8. Complete Attachment B – Grant Cost/Benefit Worksheet G.11.a Packet Pg. 237 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) EXHIBIT B GRANT COST/BENEFIT WORKSHEET Expenditure Category Grant Budget Grant Budget by Fiscal Year Percent of Grant Local Match Budget Local Match by Fiscal Year Percent of Local Match Revenue Source Local Match (Description & Account Code) Total Cost (Grant plus Local Match) Total Cost by Fiscal Year Personnel/Title FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY Subtotal Equipment/Technology FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY Subtotal Design/Engineering FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY Subtotal Construction FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY Subtotal Other FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY Subtotal Grand Total FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY Total G.11.a Packet Pg. 238 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.05 Subject: Donations Effective Date: 5/13/14 Page 1 of 4 PURPOSE: To establish policy and procedures for the solicitation and/or acceptance of donations made to or for the City. A uniform set of procedures shall be followed in the acceptance of all donations. Proper approval shall be obtained prior to acceptance. All cash and capital goods donated to the City shall be accounted for in accordance with the procedures set forth within this policy. DEFINITIONS: Donor: An individual, organization or business entity that is offering a monetary contribution, personal property or real property to the City as a gift. Gifts: For purposes of this policy, the terms gift and donation shall be synonymous. Gifts may be a monetary contribution or a personal and real property item which the City has accepted, and for which the donor has not received anything of value in return from the City other than a tax benefit. Included within the scope of this policy are donations whereby a private business sponsors or co-sponsors an event on behalf of or in partnership with the City. POLICY: I. Legal Basis A. (Ref. Government Code, Section 37354, Gifts and Bequests.) The City Council, or its designated representative, may accept or reject any gift made to or by the City for any public purpose. The City may utilize the gift as prescribed by the donor or, providing use of the gift or the income from it is not restricted, the gift may be used for any purpose that furthers City goals and objectives as stated at the time of acceptance. B. (Ref. California Code of Regulations, Section 18944.2) A gift will be deemed a gift to a public agency, and not a gift to a public official, if all of the following requirements are met: (a) the agency receives and controls the payment; (b) the payment is used for official agency business; (c) the agency determines the specific official or officials who shall use the payment; and (d) the agency memorializes the payment in a written public record and the filing is done within 30 days of receipt of the payment by the agency. II. Donations to the City A. Responsibility: Donations with an estimated value of $5,000 or less may be authorized by the City Manager. Donations with an estimated value exceeding $5,000 must be approved by City Council. The Finance Director shall be responsible for managing all donations of cash and for the accounting and inventory of all donated items. G.11.a Packet Pg. 239 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.05 Subject: Donations Effective Date: 5/13/14 Page 2 of 4 B. Solicitation of Gifts: The City Manager may authorize City staff to approach companies or organizations to request donation of goods, services, or funds to facilitate the achievement of identified City goals. Such solicitation shall be made only with the approval of the City Manager. C. Unsolicited Gifts: Unsolicited donations shall be accepted only if they have a valid use to the City. 1. Donors who wish to make a gift to the City shall be referred to the appropriate department head. Those gifts not specific to a given department shall be referred to the Finance Director. 2. In the event that the offered item does not have any practical use for the department to which it has been presented, the donor shall be referred to the Finance Director. If the gift may be of potential value, notice will be circulated to each Department Head to determine if it can be utilized elsewhere. The Donor will be notified within two weeks whether the City will accept the offered gift. If the item clearly has no use to the City or would be more effectively used elsewhere, the donor will be informed immediately and referred to an appropriate agency by the Finance Director. 4. Proof of Ownership: If there is a material question as to the legal ownership of the offered item, proof of ownership shall be requested. Such proof of ownership may include but not be limited to copy of title certificate, receipt for purchase, or signed affidavit verifying ownership. 5. Donors shall be encouraged to place minimal restrictions on the use of a donated item, allowing the City as much flexibility as possible in determining its use and liquidation. D. Conditions for accepting/rejecting donations: Staff shall work with the donor to assure that restrictions are reasonable and do not leave the donor with unrealistic expectations regarding use or life of the donation (e.g., if a tree is donated it could die or be moved). The following are criteria which may be applied in determining if a donation is appropriate for acceptance: 1. Would use of the item be consistent with existing City policy? 2. Would the maintenance or operating costs associated with the gift be excessive? 3. Do proposed or imposed conditions or restrictions upon use of the item make it impractical to accept? 4. Do proposed or imposed conditions or restrictions on disposition of the item make it impractical to accept? G.11.a Packet Pg. 240 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.05 Subject: Donations Effective Date: 5/13/14 Page 3 of 4 5. Is required accounting of acceptance or use of the item excessively burdensome? 6. Would the item require extensive repair or maintenance, and if so, are City means readily available to do so? 7. Does use of the item require the purchase of additional material or equipment to serve the purpose of the gift? 8. Would acceptance of the item present a conflict of interest for the City or any of its employees? Regardless of the value of the donation, if the donor is a contractor, potential contractor or there is reason to believe there may be a conflict of interest, then the offer shall be referred to the City Manager who will determine if the gift will be accepted, rejected or submitted to the City Council for approval. III. Procedures A. Non-monetary gifts valued at $5,000 or less: Any single donation whose total value, as determined by the donor, is $5,000 or less. 1. A Donation Receipt Form (Exhibit A) will be completed when donations are received, with the form completed by City staff. 2. The City will not place any value on the gift for the donor. The donor shall provide proof of current market value. If real property is donated, a current appraisal report will be required. 3. The City Manager will promptly acknowledge each gift by letter, thanking the donor for the gift. 4. The Finance Director shall be notified of the acceptance of any capital asset. Finance shall make the necessary entries on the respective accounts and property records to ensure that the property is recorded to the account of the proper City program. This reporting must take place no later than 30 days after the receipt of the donated item. B. Non-monetary gifts valued at more than $5,000: 1. Any gift valued at more than $5,000, as determined by the donor, cannot be accepted without City Council approval. Subsequent to Council's acceptance, procedures for acceptance of gifts in excess of $5,000 shall be the same as those in Section A above. C. Cash Gifts: 1. Depositing Cash Gifts: All cash gifts shall be deposited immediately with the Finance Department in accordance with the City's Cash Handling & Control Policy (Fiscal Policy No. 1.01) and shall be accompanied by a G.11.a Packet Pg. 241 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.05 Subject: Donations Effective Date: 5/13/14 Page 4 of 4 copy of the Donation Receipt. Cash donations shall be deposited in the appropriate restricted or unrestricted revenue account within the appropriate fund. 2. Restricted Cash Donations: a. Donation Receipt: Restricted cash donations must be supported in Finance Department files by the Donation Receipt signed by the donor, which identifies the name of the donor, the amount and date of the donation, and the nature of the restriction. b. Deposit of Restricted Cash Donations: Donations shall be deposited in a revenue account, which will be managed by the Finance Director. This fund shall be utilized by all depositing departments. Upon receipt of donated cash, the department shall submit a copy of the donation receipt form to the Finance Director at which time an account number will be assigned to the donation. c. Council Authorization: A request for authorization must be sent to the City Council via a staff report and approved by the City Council before a restricted cash donation is spent for its intended use. The staff report must state the name of the donor, the amount of the donation, the date the donation was received and the nature of the restriction. d. Procedures for Expending Donated Cash: The donation may be liquidated by the expending department when an approved purchase is made. Any over-expenditures will be charged to the department's operating budget. Funds shall remain in this account until they are entirely expended in accordance with the terms of the gift. If the funds are not expended as intended, they must be returned to the donor, or the donor must provide written authorization to expend the gift differently than the original purpose. d. Monitoring of Cash Donations: The City Council will receive periodic reports, not less than annually, from the Finance Director accounting for receipts and expenditures of donated funds. 3. Unrestricted Cash Donations: Unrestricted cash donations shall be deposited in an unrestricted revenue account in the General Fund. D. Reporting of Donations: Within 30 days of the end of each quarter, the Finance Director shall submit a report to City Council that summarizes all donations received by each department during the prior fiscal year, with an estimate of the monetary value of the donations. G.11.a Packet Pg. 242 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) EXHIBIT A DONATION RECEIPT FORM Date Donor Telephone ( ) Address City State Zip DONATION DESCRIPTION: CASH CHECK COMMODITY (amount) (amount) Description (be specific) _____UNRESTRICTED _____RESTRICTED (identify restrictions) Total estimated value (estimated by Donor) Received by: Date: Signature of City Employee/Department Donor: Date: Signature -------------------------------------------------------------------------------------------------------------------------------------------- The donation was classified and handled in the following manner: Item was issued a City I.D. number and is located at Item has short life span. Not classed as a fixed asset. Unrestricted cash or check deposited in General Fund, account number Restricted cash or check placed in General Fund, account number ______________________ for use in _____ Other (explain) Finance Director Date City Manager Date G.11.a Packet Pg. 243 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.06 Subject: Reserves Revision Date: 9/27/16 Page 1 of 4 I. PURPOSE AND SCOPE To define the policy for establishing and maintaining cash reserves needed for prudent financial management of the City. II. POLICY A. Introduction The City will maintain cash balances to preserve the City’s credit worthiness and to adequately provide for: 1. Economic uncertainties, local disasters or catastrophic events, and other financial hardships or downturns in the local or national economy. 2. Contingencies for unforeseen operating needs. 3. Future debt service requirements. 4. Fixed asset replacements. 5. Cash flow requirements. 6. Legal requirements. B. Budgetary Reserves 1. A contingency account will be budgeted each fiscal year in the Non- Departmental cost center to provide for unanticipated expenditures of a nonrecurring nature. Authorization to expend funds from this account will require approval of the City Manager. 2. A General Fund Contingency Reserve account will be established and maintained at the level recommended by the Government Finance Officers Association of the United States & Canada (GFOA), which is a minimum of two months of regular General Fund operating revenues or expenditures (whichever is considered most predictable), to serve as a buffer against unexpected local disasters or catastrophic events, and other financial hardships or downturns in the local or national economy. The City will use General Fund operating revenues as the basis for establishing the two- month reserve target. C. Fund Balance Reserves The City shall report fund balances in accordance with the Governmental Accounting Standards Board (GASB) Statement 54, which requires fund balance to be classified in one of five categories as follows: G.11.a Packet Pg. 244 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.06 Subject: Reserves Revision Date: 9/27/16 Page 2 of 4 • Non-spendable fund balance includes amounts that are not in a spendable form (inventory, for example) or are required to be maintained intact (the principal of an endowment fund, for example). • Restricted fund balance includes amounts constrained to specific purposes by their providers (such as grant providers, bondholders, and higher levels of government) through constitutional provisions or enabling legislation. • Committed fund balance includes amounts that can be used only for the specific purposes determined by a formal action of the City Council, the government's highest level of decision-making authority. These funds include: ▪ Fixed Asset Fund - funds may only be used for equipment replacement of for the purchase of new equipment; ▪ Community Benefits Fund - funds may only be used for City Council approved grants to benefit the community; ▪ Public Safety Services Fund - funds may only be used for additional public safety services as determined by the City Manager and approved by City Council.  Commitments may be changed or lifted only by City Council, the government taking the same formal action that imposed the constraint originally. • Assigned fund balance comprises amounts intended to be used by the government for specific purposes. Intent can be expressed by the governing body or by an official or body to which the governing body delegates the authority. In governmental funds other than the general fund, assigned fund balance represents the amount that is not restricted or committed. This indicates that resources in other governmental funds are, at a minimum, intended to be used for the purpose of that fund. • Unassigned fund balance is the residual classification for the general fund and includes all amounts not contained in the other classifications. Unassigned amounts are technically available for any purpose. If another governmental fund has a fund balance deficit, then it will be reported as a negative amount in the unassigned classification in that fund. Positive unassigned amounts will be reported only in the general fund. G.11.a Packet Pg. 245 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.06 Subject: Reserves Revision Date: 9/27/16 Page 3 of 4 General Fund Contingency The City shall maintain a committed General Fund contingency reserve equal to two months of operating revenues. If the reserve level falls below the minimum level, the City will seek to replenish fund balance within a reasonable timeframe. The reserves will be used to provide for temporary financing of unanticipated extraordinary needs of an emergency nature, such as economic uncertainties or a local disaster. Intended to act as a short-term solution to fiscal needs, the contingency reserve will be drawn down as the funding source of last resort. Authorization and Action to Commit Fund Balance The City Council, as the government's highest level of decision-making authority, may commit fund balance for specific purposes pursuant to constraints imposed by formal actions taken such as an ordinance or resolution. These committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use through the same type of formal action taken to establish the commitment. City Council action to commit fund balance needs to occur within the fiscal reporting period; however the amount can be determined subsequently. Authorization and Action to Assign Fund Balance The City Council may assign fund balance to a specific purpose in relation to this fund balance policy. By resolution, the Council has also authorized the City Manager and/or Finance Director to assign fund balance. Assignments by the City Manager or Finance Director do not require formal action by the City Council; however, each assignment must be approved by either of the authorized officials before the item can be presented in the financial statements. D. Use of and Replenishment of General Fund Contingency Reserve 1. The General Fund Contingency Reserve is intended to act as a buffer to protect service levels during difficult economic times or as a result of catastrophic events that require significant unanticipated expenditures. 2. During such times, or as a result of such events, the General Fund Contingency Reserve may decline below the target level (two months of operating revenues) with City Council authorization. Once the difficult fiscal times pass, the General Fund Contingency Reserve will be replenished to its target level as soon as funding permits, as determined by the City Council through the annual budget process. G.11.a Packet Pg. 246 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.06 Subject: Reserves Revision Date: 9/27/16 Page 4 of 4 3. Appropriate sources for replenishment of the General Fund Contingency Reserve include one-time revenues and other sources not necessary to support ongoing services. E. Policy Versus Appropriation of Reserves This policy establishes target reserve levels for the prudent financial management of the City. However, specific appropriation of funds into the various reserve accounts will be subject to the annual budget adoption process or other City Council budgetary action. G.11.a Packet Pg. 247 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.07 Subject: Unclaimed Money Approval Date: 1/14/14 Page 1 of 3 I. PURPOSE AND SCOPE To establish a policy and related procedures for escheatment and accounting of unclaimed money in accordance with California Government Code Sections 50050 through 50056. II. DEFINITIONS A. Escheatment - The reversion of property to a government entity in the absence of legal claimants or heirs. B. Unclaimed Money - Money which is not the property of the City but that remains in the City’s treasury, including funds related to uncashed checks. III. POLICY A. Unclaimed Money that remains unclaimed for at least three (3) years will become the property of the City if after proper notification the money remains unclaimed. Unclaimed Money becoming the property of the City, which is in a special fund, will be transferred to the City’s General Fund, unless otherwise restricted. B. Unclaimed Money items less than fifteen dollars ($15), or any amount if the owner is unknown, which remain unclaimed for one (1) year will become the property of the City without notification and will be transferred to the City’s General Fund, unless otherwise restricted. C. All escheated money originating from the Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace (Agency) will revert to the appropriate fund. IV. AUTHORITY This policy is established in California Government Code Sections 50050 through 50056. V. PROCEDURES A. Individual checks/deposits equal to or greater than fifteen dollars ($15): 1. On July 1st, the Finance Department will compile a list of outstanding checks and/or deposits which are equal to or greater than fifteen dollars ($15) and at least three years old; such checks will be deemed stale dated. The Finance Department will proceed as follows: a. A stop payment shall be placed with the bank on all stale-dated checks. b. Accounts Payable will void stale-dated checks. c. Accounting will post a Journal Entry to record the stale-dated check liability. G.11.a Packet Pg. 248 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.07 Subject: Unclaimed Money Approval Date: 1/14/14 Page 2 of 3 2. The Finance Department will then publish a notice (Exhibit A) identifying all such money in a local newspaper of general circulation once a week for two successive weeks. The notice shall state the payee name, fund in which it is held, the amount of money, and that the money will become City property forty-five (45) days after the first publication of the notice. Proof of publication will be retained in the Finance Department. B. Claims filed by Party of Interest: 1. Upon or prior to publication and before the date the Unclaimed Money becomes City property, a party of interest may submit an Unclaimed Money Claim Form (Exhibit B) with the Finance Department to collect money. The Finance Department will require proof of identification from the claimant. Once a decision is rendered by the Finance Department, notification will be made to the claimant by letter. 2. Upon acceptance, the Finance Department will proceed as follows: a. Accounts Payable will reissue check to the owner, their heir, beneficiary, or duly appointed representative, following accounts payable policies and procedures: b. The Finance Department will remove the check from the list of Unclaimed Money to be escheated. 3. If denied, the claimant may file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within San Bernardino County, and must serve a copy of the complaint and the summons issues thereon upon the Finance Department. The copy of the complaint and summons shall be served within 30 days of receiving notice that the claim was denied. The Finance Department shall withhold the release of the portion of Unclaimed Money for which a court action has been filed until a decision is rendered by the court. 4. If the court renders a decision in favor of the claimant, the Finance Department will follow the acceptance procedures identified in this policy to issue the check. 5. If the court renders a decision in favor of the City, the Finance Department will proceed as follows: a. Accounting will reverse the Unclaimed Money liability and record the revenue. b. Accounting will record the transfer of escheated special fund cash to the General Fund, unless otherwise restricted. c. Any escheated money related to Agency/Trust funds will revert to the appropriate originating fund and not the General Fund. G.11.a Packet Pg. 249 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) City of Grand Terrace Fiscal Policy Policy No. 3.07 Subject: Unclaimed Money Approval Date: 1/14/14 Page 3 of 3 i. Property Escheats to City: 1. On the forty-fifth day after the first publication of the notice, those checks and/or deposits on which no claims were filed escheat to the City. The Finance Department will follow procedures identified in the preceding section. 2. On July 1st, the Finance Department will compile a list of outstanding checks and/or deposits which are less than fifteen dollars ($15), or any amount if the owner is unknown, and have remained unclaimed in the City treasury for a period of one (1) year; such checks will be deemed stale dated. Money identified on the list will escheat to the City and will be transferred to the General Fund, unless otherwise restricted. The Finance Department will proceed as follows: a. A stop payment shall be placed with the bank on all stale-dated checks. b. Accounts Payable will void stale-dated checks. c. Accounting will reclassify the voided check as a credit to Revenue. d. Accounting will record the transfer of escheated special fund cash to the General Fund. e. Any escheated money related Agency/Trust funds will revert to the appropriate originating fund and not the General Fund. G.11.a Packet Pg. 250 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) EXHIBIT A CITY OF GRAND TERRACE UNCLAIMED MONEY SAMPLE PUBLIC NOTICE NOTICE IS HEREBY GIVEN pursuant to Government Code Sections 50050 through 50056 that the following money, which is not the property of the City of Grand Terrace, has remained in the City treasury for more than three (3) years and will become City property if not claimed by August 14, 20XX. The owner/depositor, their heir, beneficiary or duly appointed representative may file a claim requesting release of money with the City of Grand Terrace’s Finance Department, which must include the claimant’s name, address, telephone number, Employer Identification Number or Social Security Number, amount of claim, and the grounds on which the claim is founded before August 14, 20XX. If the claim is denied by the City, the claimant may file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within San Bernardino County, and must serve a copy of the complaint and the summons issues thereon upon the Finance Department within thirty (30) days of receiving notice that the claim was denied. The Unclaimed Money - Claim Form is available at the City of Grand Terrace, Finance Department, 22795 Barton Road, Grand Terrace, CA. FUND PAYEE NAME AMOUNT G.11.a Packet Pg. 251 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) EXHIBIT B CITY OF GRAND TERRACE UNCLAIMED MONEY CLAIM FORM Claimant’s Name Taxpayer Identification No. or Social Security No. Address City/State/Zip Code ( ) Telephone Number Pursuant to California Government Code Section 50052, I am filing a claim for previously unclaimed money in the amount of $ , which was published in the on / / (MM/DD/YY). The grounds on which I am filing this claim are: Please attach copies of all support documentation to this claim. Do not attach originals, as the City will retain all documents. I hereby certify under penalty and perjury that the information contained and attached to this claim is true and correct and is being submitted to the City of Grand Terrace to substantiate my claim to money held by the City. I further certify that I have the authority and right to claim and receive payment of money and hereby release the City of Grand Terrace, its directors, employees, representatives, attorneys and agents from all liability and further obligation with respect to this claim. Printed Name of Claimant Signature of Claimant Date Mail Completed Forms to: City of Grand Terrace Finance Department 22795 Barton Road Grand Terrace, CA 92313 CITY USE ONLY Payee Name: Account Code: Check No. Check Date: Check Amount: $ Accepted: Denied: Finance Department Signature: Date: G.11.a Packet Pg. 252 At t a c h m e n t : F i s c a l P o l i c i e s - U p d a t e d 0 9 - 1 3 - 2 0 2 2 ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Chapter 3.24 - Page 1 ORDINANCE NO. 267xxx I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA REPEALING IN THEIR ENTIRETY ORDINANCE NO. 95 AND CHAPTER 3.24 OF THE MUNICIPAL CODE AND ADOPTING AN ORDINANCE ESTABLISHING A NEW CHAPTER 3.24 (PURCHASING SYSTEMS) OF TITLE 3 OF THE MUNICIPAL CODE WHEREAS, California, Government Code Section 54202 every local agency to adopt policies and procedures, including bidding regulations, governing purchases of supplies and equipment by the local agency. WHEREAS, California Government Code Section 4526 provides that professional services may be awarded on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. WHEREAS, on August 22, 1985, the City Council of the City of Grand Terrace adopted Ordinance No. 93 adding Chapter 3.24 (Purchasing of Supplies and Equipment) to Title 3 of the Municipal Code. WHEREAS, the City Council of the City of Grand Terrace desires to have an updated ordinance governing purchases. , NOW'THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Grand Terrace, as follows: SECTION 1. Ordinance No. 93 and Chapter 3.24 of the Municipal Code are repealed in their entirety, and a new Chapter 3.24 (Purchasing System) to Title 3 of the Municipal Code is adopted, as follows: Chapter 3.24 Purchasing System Sections: 3.24.010 - Purchasing System Adopted. 3.24.020 - Definition of Terms. 3.24.030 - Purchasing Function Established. 3.24.040 - Purchasing Officer Designated. 3.24.050 - Exemptions from Centralized Purchasing. 3.24.060 - Public Projects Exemptions. 3.24.070 - Purchases under Ten Thousand Dollars. Formatted: Indent: Left: 0", Right: 0.02" G.11.b Packet Pg. 253 At t a c h m e n t : F i s c a l P o l i c i e s O r d i n a n c e ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Chapter 3.24 - Page 2 3.24.080 - Formal Contract Procedure, Purchases Greater Than Ten Thousand Dollars. 3.24.090 - Professional and Contractual Services. 3.24.100 - Encumbrance of Funds. 3.24.110 - Inspection and Testing of Supplies, Materials and Equipment. 3.24.120 - Surplus Supplies, Materials and Equipment. 3.24.130 - Bid Splitting Prohibited. 3.24.140 - Equipment Leasing Agreements. 3.24.150 - Maintenance Agreements. 3.24.160 - Cooperative Purchasing Agreements with County or Other Agencies 3.24.170 - "Piggyback" Purchases. 3.24.180 - Exceptions to Competitive Bidding Requirement. 3.24.190 – Conflict of Interest and Unlawful Activity 3.24.010 - Purchasing System Adopted. In order to establish efficient procedures for the purchase of supplies, materials, equipment or services at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases, a purchasing system is adopted. 3.24.020 - Definition of Terms. The following terms, whenever used in this chapter, shall be construed as follows: A. "Bidders' List" means a current file of sources of supply of articles for each category of commodities repetitively purchased for city use. B. "Department" means any department, agency, commission or other unit of the city government, which derives its support wholly or in part from the city or an entity associated with the city for which separate financial statements are required. C. "Lowest Responsible Bidder" means in addition to price, the "lowest responsible bidder" will be determined after the following factors have been considered: 1. The ability, capacity and skill of the bidder to perform the contract or provide the service required; 2. Whether the bidder has the facilities to perform the contract or provide the service promptly, or within the time specified, without delay or interference; G.11.b Packet Pg. 254 At t a c h m e n t : F i s c a l P o l i c i e s O r d i n a n c e ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Chapter 3.24 - Page 3 3. The character, integrity, reputation, judgment, experience and efficiency of the bidder; 4. The bidders record of performance of previous contracts or services; 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; 6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; 7. The quality, availability and adaptability of the supplies, equipment or service to the particular use required; 8. The ability of the bidder fo to provide future maintenance and service for the use of the subject of the contract; 9. The number and scope of conditions attached to the bid. D. "Open Market" means and pertains to purchases or transactions that are executed without recourse to formalized purchasing procedure. E. "Over the Counter" means and pertains to purchases or transactions that are executed without recourse to competitive bidding and without a purchase order. F. "Professional and Contractual Services" means services of engineers, architects, accountants, attorneys, doctors, consultants and other persons or businesses with specialized scientific, expert, technical, or other skills of a similar nature. G'. "Purchases" means the purchases of supplies, materials, equipment or services shall include leases or rentals as well as transactions by which the city acquires ownership. H. "Purchase Order" means a document which authorizes the delivery of specified merchandise or the rendering of certain service and the making of a charge for such merchandise or service. I. "Requisition" means a written demand or request from the using department to the purchasing agent for specified article or service. J. "Responsible Bid" means an offer, submitted by a responsible bidder to furnish _,, supplies, materials, equipment or services in conformity with the specifications, delivery terms and conditions and other requirements .included in the invitation for bids. G.11.b Packet Pg. 255 At t a c h m e n t : F i s c a l P o l i c i e s O r d i n a n c e ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Chapter 3.24 - Page 4 K. "Responsible Bidder" means a bidder who submits a responsible bid and who is not only financially responsible, but is possessed of the resources, judgment, skill, ability, capacity and integrity requisite and necessary to perform the contract according to its terms. L. "Services" means any and all services including but not limited to the following: the repair or maintenance of equipment, machinery and other city-owned or . operated property. The term does not include services rendered by city officers or employees, or professional and other contractual services which are in their nature unique and not subject to competition. M. "Specifications" means a formulated, definite and complete statement of what is required by the city of the vendor, in the way of composition, construction, utility, durability, efficiency, texture, shape, form or dimension. N. "Supplies, Materials and Equipment" means any and all articles or things which shall be furnished to or used by any Department, including all printing, . binding, publications, stationery, forms, journals or reports. 0. "Using Department" means the department that uses the supplies, materials, equipment or services obtained pursuant to a particular purchase. 3.24.030 - Purchasing Function Established. There is created a centralized purchasing function, in which is vested authority for the purchase of supplies, materials, equipment or services. 3.24.040 - Purchasing Officer Designated. A function of purchasing officer is hereby created and shall be appointed by the city manager. The purchasing officer may delegate purchasing duties. The duties of the purchasing officer may be combined with those of any other office or position. A. The purchasing officer shall have the powers and duties as follows: 1. Purchase or contract for supplies, materials, equipment or services required by any office or department of the city in accordance with purchasing procedures prescribed by this section, and such other rules or regulations as shall be prescribed by the city council; 2. Act to procure for the city the needed quality in supplies, materials, equipment or services at least expense to the city; 3. Discourage uniform bidding, and endeavor to obtain as full and open competition as possible on all purchases; G.11.b Packet Pg. 256 At t a c h m e n t : F i s c a l P o l i c i e s O r d i n a n c e ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Chapter 3.24 - Page 5 4. Prepare and recommend to the city manager and city council rules governing the purchase of supplies, services and equipment for the city; 5. Keep informed of current developments in the field of purchasing prices, market conditions and new products; 6. Prescribe and maintain such forms as are reasonably necessary to the operation of this section and other rules and regulations; 7. Recommend the transfer of surplus or unused supplies and equipment between departments as needed, and the sale of all supplies and equipment which cannot be used by any department, or which have become unsuitable for city use. 3.24.050 - Exemptions from Centralized Purchasing. The city manager may authorize any city department to purchase or contract for specified supplies, materials, equipment or services but the purchasing officer shall require that such purchases or contract be made in conformity with the procedures established by this section, and shall further require periodic reports from the department on the purchases and contracts made under such written authorization. 3.24.060 - Public Projects Exemptions. This chapter is expressly made inapplicable to bids for public projects governed by the procedures in Public Contract Code Section 20100 et seq. The provisions contained in Public Contract Code Section 20100 et seq. establish the contract procedures the city shall follow regarding public projects. 3.24.070 - Purchases under Ten Twenty-five Thousand Dollars. Purchase of supplies, materials, equipment or services not exceeding an estimated value of ten twenty-five thousand dollars ($10,000) ($25,000) may be made by a city Department in the open market, pursuant to the procedure prescribed in this ordinance; provided, however, all quotation may be dispensed with in an emergency, or where said goods and/or services can be obtained from only one source. A using department is responsible for insuring there is a sufficient appropriation in the budgetary account against which said purchase is to be charged. A. Using Department shall follow the following procedure when making an open market purchase: 1. Purchases under ten twenty-five thousand dollars shall, whenever possible, be based on . at least three (3) informal quotations and shall be awarded to the vendor submitting the lowest responsible quotation. G.11.b Packet Pg. 257 At t a c h m e n t : F i s c a l P o l i c i e s O r d i n a n c e ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Chapter 3.24 - Page 6 / 2. Solicit quotations from prospective vendors by written request, electronic mail or by telephone. · 3. Written quotations shall be submitted to the using department, which shall keep a record of all open-market orders and quotes for a period of one· year after the submission of quotes or the placing of orders. 4. Where written contracts are entered into for purchases made under this section, the department head is authorized to execute such contracts on behalf of the city. Such purchases shall be made only by purchase order. A copy of the-executed contract shall be maintained on file in the offices of the requesting department. 5. Using departments shall submit standard purchase order requisition forms to the purchasing officer when requesting goods and services pursuant to this section. · B. Notwithstanding subsection "A" above, purchases of supplies, materials, equipment or services not exceeding an estimated value of five twenty -five hundred dollars ($500) ($2,500) may be made over t_hethe counter by a department head without requirement for quotations or comparative pricing. Furthermore, such goods and services may be obtained without a purchase order. 3.24.080 - Formal Contract Procedure, Purchases Greater Than Ten Twenty-five Thousand Dollars. Except as otherwise provided herein, purchases of supplies, materials, equipment or services with a value greater than ten twenty-five thousand dollars ($10,000) ($25,000) shall be awarded to the lowest responsible bidder, pursuant to the procedure prescribed in this section. Written contracts may be required when in the judgment of the city manager the public interest is served thereby. A. Notice inviting bids shall include a general description of the articles to be purchased and shall state where bid documents and specifications may be obtained and the time and place for opening bids. 1. Notice Inviting Bids. Notice inviting bids shall be published by the city clerk at least ten (10) days before the date of opening of the bids. Notice ·shall b!3 be published at least once in a newspaper of general circulation, printed and published in the Formatted: Indent: Left: 0.07", Space Before: 3.9 pt G.11.b Packet Pg. 258 At t a c h m e n t : F i s c a l P o l i c i e s O r d i n a n c e ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Chapter 3.24 - Page 7 city. 2. Bidders' List. The City shall also solicit sealed bids from responsible prospective suppliers whose· names are on the bidders' list Bidders' Security. When deemed necessary by the purchasing agent, bidders' security shall be required. Bidders shall be entitled to return of bid security G.11.b Packet Pg. 259 At t a c h m e n t : F i s c a l P o l i c i e s O r d i n a n c e ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Chapter 3.24 - Page 8 upon execution of the contract or upon the readvertisement for bids; provided· that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten (1O) days after the notice of award of contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the bidder first awarded the contract shall forfeit only the portion of his security, which is equal to the difference between his bid and the bid of the next lowest responsible bidder. If the next lowes't lowest bidder is awarded the contract and he fails or refuses to execute the contract, he shall forfeit his entire bid security. B. Bid Opening Procedure. Sealed bids shall be submitted to the city clerk, and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of 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. C. Rejection of Bids. At its discretion, the city council may reject any and all bids presented, and re-advertise for bids. D. Award of Contracts. Contracts shall be awarded by the city council to the lowest responsible bidder except as otherwise provided herein. A master copy of the contract is to be on file in the city clerk's department upon execution of the contract. E. Award of Contracts by City Manager. The city manager is authorized to award contracts to the lowest responsible bidder when the city council has budgeted funds for the item(s) and the amount of the award is not more than the budgeted amount. All contracts awarded pursuant to this section shall require issuance of a purchase order. F. Tie Bids. If two or more bids received are for the same total amount or unit price, quality, service and delivery being equal, and if the public interest will not permit the delay of re-advertising for bids, the city council may accept the one it chooses, or accept the lowest bona fide offer by negotiation with the tie bidders at the time of the bid opening. G. Performance Bonds. The city shall have authority to require a performance bond before entering a contract, in such amount as it shall be found reasonably necessary to protect the best interests of the city. If the city requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. Single Source Purchases. Single source purchase of goods or services that can be obtained from only one source may be made by a city Department or G.11.b Packet Pg. 260 At t a c h m e n t : F i s c a l P o l i c i e s O r d i n a n c e ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Chapter 3.24 - Page 9 the purchasing officer without advertising and after approval by the city council. H. Waiver of Formal Bidding Requirement. The city council may authorize purchase of supplies, materials, equipment or services of a value greater than ten thousand dollars without complying with the above procedures when in the opinion of the council, compliance with the procedure is not in the best interest of the city. · 3.24.090 - Professional and Contractual Services. Contracts for services of specially trained and professional persons or businesses shall be exempt from bidding. If possible, quotes from three (3) qualified vendors shall be obtained prior to the award _of a contract and the award of contract may be based on the basis of demonstrated competence and on the professional . . qualifications necessary for the satisfactory performance of the services required. If the contract is equal to or-below ten thousand dollars, the contract shall require the approval of, and be executed by, the city managetmanager. All contracts exceeding ten thousand dollars must be approved by the city council. 3.24.100 - Encumbrance of Funds. Except in cases of emergency, the purchasing officer shall not issue any purchase order for supplies, equipment, or services for which there is an insufficient appropriation in the budgetary account against which said purchase is to be charged. 3.24.110 - Inspection and Testing of Supplies, Materials and Equipment. The city may inspect supplies, materials and equipment delivered to determine their conformance with the specifications set forth iri the order or contract. The city shall have authority to require chemical and physical tests of samples submitted with bids, and samples of deliveries, which are necessary to determine their quality and. conformance with specifications. 3.24.120 - Surplus Supplies, Materials and Equipment. All using departments shall submit to the purchasing officer, at such times and in such forms as he shall prescribe, reports showing all supplies, materials and equipment which are no longer used or which have become obsolete or worn out. The using department, with the concurrence of the purchasing officer, shall have authority to sell all supplies, materials and equipment which cannot be used by any department, or which have become unsuitable for city use, or to exchange the same for or trade the same in on new supplies and equipment. The purchasing officer shall also have the authority to make transfers between departments of any usable surplus supplies, materials or equipment. The sale of supplies, materials or equipment when the total estimated value exceeds ten thousand dollars G.11.b Packet Pg. 261 At t a c h m e n t : F i s c a l P o l i c i e s O r d i n a n c e ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Chapter 3.24 - Page 10 requires approval by the city council. G.11.b Packet Pg. 262 At t a c h m e n t : F i s c a l P o l i c i e s O r d i n a n c e ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Chapter 3.24 - Page 11 Surplus supplies, materials or equipment which cannot be sold may be donated to a local not-for-profit organization with approval of the. city manager. 3.24.130 - Bid Splitting Prohibited. Splitting orders of supplies, materials, equipment or services into smaller or separate orders for the purpose of evading the competitive bidding provisions of this chapter are prohibited. 3.24.140 - Equipment Leasing Agreements. A. As used in this section: 1. "Leasing of nonpurchasable equipment" means equipment which is available through "lease only" plans; 2. "Leasing purchasable equipment" means equipment which can be acquired through "lease with option to purchase" type plans; B. Equipment Leasing. Leasing of purchasable or nonpurchasable equipment shall be in accordance with subsections 3.24.070 through 3.24.080 of this section. �-) 3.24.150 - Maintenance Agreements. A. As used in this section, "maintenance agreements" means agreements with maintenance service providers for the maintenance of city equipment in good operating condition subject to terms and conditions agreeable to both the provider and the city. B. Maintenance agreements shall be signed or terminated before agreement expiration by the purchasing agent with prior approval of the department head responsible for the equipment. 3.24.160 - Cooperative Purchasing Agreements with County or Other Agencies. Nothing contained in this section shall prohibit the voluntary participation by the city in any voluntary cooperative purchasing agreement(s) or programs entered into between the city and the state, county, and other municipalities situated within the boundaries of the county, and the purchasing agent is empowered and authorized to act under the provisions of this section, to procure for the city supplies and equipment in conjunction with such voluntary cooperative purchasing agreement(s) or programs as may be entered into by the city. All formal contract and bidding procedures to be followed in such G.11.b Packet Pg. 263 At t a c h m e n t : F i s c a l P o l i c i e s O r d i n a n c e ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Chapter 3.24 - Page 12 cases shall be those specifically enumerated in the voluntary cooperative purchasing agreement or program. G.11.b Packet Pg. 264 At t a c h m e n t : F i s c a l P o l i c i e s O r d i n a n c e ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Chapter 3.24 - Page 13 3.24.170 - "Piggyback" Purchases. Nothing contained in this section shall prohibit the city from purchasing supplies, materials, equipment or seNices without complying with the herein bidding procedure, from a supplier who offers the same or better price, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency, provided that the competitive procurement process of the other agency meets or exceeds the standards of the city, is for like or greater quantities, includes all known bidders and that, in the opinion of the purchasing agent, it is in the best interest of the city. This procurement .practice is commonly referred to as "piggyback" purchasing. · 3.24.180 - Exceptions to Competitive Bidding Requirement. Notwithstanding any provision of this chapter to the contrary, the competitive bidding provisions of this chapter may be dispensed with when contracts which by their nature do not lend themselves to award by competitive bidding such as, but not limited to: A. Repairs and/or maintenance of equipment which requires unique skills, abilities or training. B. Equipment which must be used in order to be compatible with existing city equipment. C. Perishable goods. D. Insurance where obtaining broker quotes is impracticable. E. Computer hardware, software and licenses which are uniformly priced or have• a standard governmental price. F. Supplies, materials or equipment which can be obtained at a favorable price as a result of other governmental purchasing programs. G. Emergency is found to exist and the city council authorizes the purchase of supplies, materials, equipment or services where it is determined that seNice service involving the public health, safety or welfare would be interrupted if the normal procedure were followed. G. H. Such other circumstances as the city council may determine and document that will result in cost savings grea.ter greater than those which would result from the use of customary bidding process. Formatted: Font color: Black Formatted: Indent: First line: 0" Formatted: Indent: Left: 0.75", No bullets ornumbering Formatted: Indent: Left: 0.57", Hanging: 0.19" G.11.b Packet Pg. 265 At t a c h m e n t : F i s c a l P o l i c i e s O r d i n a n c e ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Chapter 3.24 - Page 14 H. 3.24.190 – Conflict of Interest and Unlawful Activity. Any evaluation or selection practice that would result in unlawful activity including, but not limited to, kickbacks or unlawful consideration is expressly prohibited. Any award of a contract where an employee, officer or agent has used his or her position with the City to influence a governmental decision in which he or she knows or has reason to know that he or she has a financial interest in any person or entity who seeks such a contract or in the outcome of the selection process in any way, is expressly prohibited. Formatted: Indent: Left: 0" Formatted: Indent: Left: 0", First line: 0" G.11.b Packet Pg. 266 At t a c h m e n t : F i s c a l P o l i c i e s O r d i n a n c e ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s ) Chapter 3.24 - Page 11 =hl - ATTEST: Mayorofme\if of Grand Terrace and of the City Council thereof I, Tracey MartinezDebra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council on the 13th of November 2012 September 2022, and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 27th day of November 2012 13th day of September 2022, by the following vote: AYES: Councilmembers McNaboe, afldyH ys; Mayor Pro Tem Garcia and Mayor Stanckiewitz NOES: None ABSENT: Councilmember Sandoval ABSTAIN: None Ap Richard L. AdamsAdrian Peterson, City Attorney G.11.b Packet Pg. 267 At t a c h m e n t : F i s c a l P o l i c i e s O r d i n a n c e ( A p p r o v a l o f R e v i s i o n s t o t h e C i t y ' s F i s c a l P o l i c i e s )