El Monte Union High School District Report

El Monte Union High School District Organization/Staffing Review August 18, 2016 Joel D. Montero Chief Executive Officer August 18, 2016 Edward Zuniga, Acting Superintendent El Monte Union High School District 3537 Johnson Avenue El Monte, CA 91731 Dear Acting Superintendent Zuniga: In January 2016, the El Monte Union High School District entered into an agreement with the Fiscal Crisis and Management Assistance Team (FCMAT) to review the district’s business office. Specifically, the study agreement states that FCMAT will complete the following: 1. Conduct an organizational and staffing efficiency review of the following depart- ments in the district’s Business Services Division: a. Fiscal Services b. Purchasing 2. Provide comparative staffing data for the Fiscal Services and Purchasing depart- ments from three school districts of similar size and structure and make recom- mendations for staffing improvements or reductions, if any. FCMAT will make every effort to incorpora e comparable districts located in the same geographical region and/or include comparable districts utilized in the collective bargaining process; however, FCMAT may need to extend the borders of the search area for comparable districts based on factors outside of its control such as lack of coopera- tion from targeted comparable districts, etc. 3. Evaluate the workflow and distribution of functions in and between the Fiscal Services and Purchasing departments to ensure that functions are properly assigned, sufficient oversight is provided and make recommendations for improved efficiency, if any. During fieldwork on March 22, 23 and 24, 2016, the FCMAT study team visited the district office, reviewed information and conducted interviews with staff. This report contains the study team’s find- ings and recommendations. We appreciate the opportunity to serve you and we extend thanks to all the staff of the El Monte Union High School District for their cooperation and assistance during fieldwork. Sincerely, Joel D. Montero Chief Executive Officer i TABLE OF CONTENTS Table of Contents About FCMAT ...................................................................iii Introduction ........................................................................1 Executive Summary ...........................................................5 Findings and Recommendations .....................................5 Organizational Structure ............................................................................................5 Organizational Culture and Communication .........................................................7 Fiscal Services .................................................................................................................9 Purchasing and Warehouse ......................................................................................17 Staffing Comparison ..................................................................................................25 Appendices ....................................................................... 27 El MontE Union HigH ScHool DiStrict ii Fiscal crisis & ManageMent assistance teaM iii ABOUT FCMAT About FCMAT FCMAT’s primary mission is to assist California’s local K-14 educational agencies to identify, prevent, and resolve financial, human resources and data management challenges. FCMAT provides fiscal and data management assistance, professional development training, product development and other related school business and data services. FCMAT’s fiscal and manage- ment assistance services are used not just to help avert fiscal crisis, but to promote sound financial practices, support the training and development of chief business officials and help to create efficient organizational operations. FCMAT’s data management services are used to help local educational agencies (LEAs) meet state reporting responsibilities, improve data quality, and inform instructional program decisions. FCMAT may be requested to provide fiscal crisis or management assistance by a school district, charter school, community college, county office of education, the state Superintendent of Public Instruction, or the Legislature. When a request or assignment is received, FCMAT assembles a study team that works closely with the LEA to define the scope of work, conduct on-site fieldwork and provide a written report with findings and recommendations to help resolve issues, overcome challenges and plan for the future. FCMAT has continued to make adjustments in the types of support provided based on the changing dynamics of K-14 LEAs and the implementation of major educational reforms. Studies by Fiscal Year 90 80 70 60 50 40 30 20 10 0 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11 11/12 12/13 13/14 14/15 El MontE Union HigH ScHool DiStrict seidutS fo rebmuN FCMAT also develops and provides numerous publications, software tools, workshops and professional development opportunities to help LEAs operate more effectively and fulfill their fiscal oversight and data management responsibilities. The California School Information Services (CSIS) division of FCMAT assists the California Department of Education with the implementation of the California Longitudinal Pupil Achievement Data System (CALPADS). CSIS also hosts and maintains the Ed-Data website (www.ed-data.org) and provides technical expertise to the Ed-Data partnership: the California Department of Education, EdSource and FCMAT. FCMAT was created by Assembly Bill (AB) 1200 in 1992 to assist LEAs to meet and sustain their financial obligations. AB 107 in 1997 charged FCMAT with responsibility for CSIS and its state- wide data management work. AB 1115 in 1999 codified CSIS’ mission. iv ABOUT FCMAT AB 1200 is also a statewide plan for county offices of education and school districts to work together locally to improve fiscal procedures and accountability standards. AB 2756 (2004) provides specific responsibilities to FCMAT with regard to districts that have received emergency state loans. In January 2006, Senate Bill 430 (charter schools) and AB 1366 (community colleges) became law and expanded FCMAT’s services to those types of LEAs. Since 1992, FCMAT has been engaged to perform more than 1,000 reviews for LEAs, including school districts, county offices of education, charter schools and community colleges. The Kern County Superintendent of Schools is the administrative agent for FCMAT. The team is led by Joel D. Montero, Chief Executive Officer, with funding derived through appropriations in the state budget and a modest fee schedule for charges to requesting agencies. Fiscal crisis & ManageMent assistance teaM 1 INTRODUCTION Introduction Background Located in the heart of the San Gabriel Valley, the El Monte Union High School District was established in 1901 and includes Arroyo, El Monte, Mountain View, Rosemead, South El Monte and Fernando R. Ledesma high schools. The district also operates the El Monte‐Rosemead Adult School, one of California’s largest adult programs. The district employs 623 certificated employees and 625 classified employees, and the staff provides educational programs for more than 9,000 students in grades 9 through 12 and 13,000 in adult education. In January 2016, the district entered into an agreement with the Fiscal Crisis and Management Assistance Team (FCMAT) to review the business office. FCMAT reviewed job descriptions for all department positions; evaluated capacity, scheduling, efficiency and functions; and made recommendations for staffing and operational improvements. All recommendations in this report include estimated savings or costs for any proposed position reductions or additions. This component also included interviews with district and school employees regarding the level of service the department provides. FCMAT evaluated the operational workflow of each function for the Fiscal Services, Purchasing and Warehouse departments and made recommendations for improved efficiency and standard industry practices. Study Team The study team was composed of the following members: Eric D. Smith, MPA Guiselle Carreon* FCMAT Fiscal Intervention Specialist Commercial Warrants and Templeton, CA Accounts Payable Manager San Diego County Leonel Martínez Office of Education FCMAT Technical Writer San Diego, CA Bakersfied, CA Michele Huntoon Fiscal Services Consultant Union City, CA *As a member of this study team, this consultant was not representing her respective employers but was working solely as an independent contractor for FCMAT. Each team member reviewed the draft report to confirm its accuracy and to achieve consensus on the final recommendations. El MontE Union HigH ScHool DiStrict 2 INTRODUCTION Study and Report Guidelines FCMAT visited the district on March 22, 23 and 24, 2016 to conduct interviews, collect data and review documents. This report is the result of those activities and is divided into the following sections: I. Executive Summary II. Organizational Structure III. Organizational Culture and Communication IV. Fiscal Services V. Purchasing and Warehouse VI. Staffing Comparison VII. Appendices In writing its reports, FCMAT uses the Associated Press Stylebook, a comprehensive guide to usage and accepted style that emphasizes conciseness and clarity. In addition, this guide empha- sizes plain language, discourages the use of jargon and capitalizes relatively few terms. Fiscal crisis & ManageMent assistance teaM 3 EXECUTIVE SUMMARY Executive Summary FCMAT conducted an organizational and staffing study to provide the El Monte Union High School District governing board and administration with an independent and external review of its Fiscal Services and Purchasing departments. In doing so, FCMAT compared the department’s staffing with that of similar districts and industry standards, using basic theories of organizational structure, which include span of control, chain of command, and line and staff authority. A chief business official who has been in the district for less than a year manages the Business Services Division. The director of fiscal services position has an unreasonably large span of control, and the accounting supervisor position does not supervise or evaluate employees. The number of direct reports should be redistributed among the director of fiscal services and the accounting supervisor, and the latter position should supervise and evaluate employees. Communication between management and staff, staff in the various departments of the Business Services Division, and the business office staff is unclear. Some staff are unprofessional when communicating with fellow employees and operate in isolation without regard for what is in the district’s best interest. The superintendent should take the lead in improving communication throughout the district office. This effort could be initiated by holding a monthly district office- wide staff meeting that would allow the superintendent to provide important information on district developments. This meeting could be scheduled for the first of every month and held in the boardroom to accommodate all district office staff. Staff who are not from the community of El Monte and did not attend schools in the district perceive the district’s organizational culture as closed to outsiders. They indicated insiders carry more clout in the organization, making it difficult or impossible for outsiders to be heard. The superintendent should take measures to ensure everyone is heard, and all employees are included. The first step is holding employees accountable. The superintendent should set the tone of the organization and provide staff with the resources necessary to perform their duties, including training, direction and communication. The district utilizes a financial software application [PeopleSoft (Oracle)] maintained and controlled by the Los Angeles County Office of Education. PeopleSoft has established securities that limit the district’s ability to efficiently utilize only one system for financial reporting purposes. The district uses third-party software called Smarte Tools for reports in the district. Periodic uploads and down- loads to and from Smarte Tools and PeopleSoft are used by staff for financial reporting. The district uses a position control document that is generated electronically through Smarte Tools; however, the document is automated only until preparation for cabinet approval. The data is downloaded into Excel to prepare a report to the cabinet so it can review and approve positions included on the position control document. Once the Excel spreadsheet is returned from cabinet with approvals, personnel manually enter the data into HRS (a module within PeopleSoft). This is a duplication of effort. The district should work with the county office to establish guidelines that alleviate or eliminate the need to rely on a third-party software reporting application. The district’s process for approving positions begins when administration for the school site or district office initiates a personnel requisition that is forwarded to the Fiscal Services Department for budget approval, then to other departments for a restricted funded position, and finally to the cabinet before board approval. The positions or person(s) are often set up in HRS before board approval. Staff has no authority to make payment until the board takes formal action; therefore, a process should be established to ensure no hiring action is processed before board approval. El MontE Union HigH ScHool DiStrict 4 EXECUTIVE SUMMARY Communication should be improved between Purchasing and Accounts Payable. For example, Purchasing enters notes on the purchase order screen, but no alert is sent to Accounts Payable informing the department that a note has been submitted. Redundant processes should be elimi- nated. For example, Accounts Payable cannot upload copies of the invoice to the system, leading to unnecessary printing of backup and filing of paper documents. The Accounts Payable Department lacks cross-training and a desk procedures manual. More than one employee should be able to perform each job. Each staff member should be required to use accrued vacation, during which time another staff member should be assigned to perform those duties. Inadequate cross-training is often a problem regardless of the size of an organization. The district has no process to monitor purchases to ensure bid limits are not exceeded. Purchases by vendor are reviewed, but not by commodity. Sites are allowed to purchase office, instructional, custodial and other supplies and equipment from multiple vendors without any determination of whether cumulative purchases exceed the bid limit. The district should establish a process to monitor usage throughout the district since bid limits are cumulative districtwide by category of items. Use of valid piggyback contracts (i.e. those in which a district may purchase goods or services using a competitive bid from another public agency) or periodic letting of competitive bids for established categories would ensure district specifications are met in compliance with bidding laws. Fiscal crisis & ManageMent assistance teaM 5 ORGANIZATIONAL STRUCTURE Findings and Recommendations Organizational Structure A school district’s organizational structure should establish the framework for leadership and the delegation of specific duties and responsibilities for all staff members. This structure should be managed to maximize resources and reach identified goals and should adapt as the district’s enrollment increases or declines. The district should be staffed according to generally accepted theories of organizational structure and the standards used in other school agencies of similar size and type. The most common theories of organizational structure are span of control, chain of command, and line and staff authority. Span of Control Span of control refers to the number of subordinates reporting directly to a supervisor. While there is no agreed-upon ideal number of subordinates for span of control, it is generally agreed that the span can be larger at lower levels of an organization because subordinates at the lower levels typically perform more routine duties, and therefore can be more effectively supervised, according to “Principles of School Business Management” by Craig R. Wood, David C. Thompson and Lawrence O. Picus. Chain of Command Chain of command refers to the flow of authority in an organization and is characterized by two significant principles. Unity of command suggests that a subordinate is only accountable to one supervisor, and the scalar principle suggests that authority and responsibility should flow in a direct vertical line from top management to the lowest level. The result is a hierarchical division of labor as described in “Principles of School Business Management.” Line and Staff Authority Line authority is the relationship between supervisors and subordinates and refers to the direct line in the chain of command. For example, the chief business official has direct line authority over the director of fiscal services, and the director of fiscal services has direct line authority over the Fiscal Services Department staff. Conversely, staff authority is advisory in nature. Staff personnel do not have the authority to make and implement decisions, but act in support roles to line personnel. The organizational structure of local educational agencies contains both line and staff authority. The purpose of any organizational structure is to help district management make key decisions to facilitate student learning while balancing financial resources. The organizational design should outline the management process and its specific links to the formal system of communication, authority and responsibility needed to achieve the district’s goals and objectives. At the El Monte Union High School District, the director of fiscal services’ span of control is too broad. This position has an excessive number of direct reports, limiting her ability to effectively supervise business office staff and support the chief business official. The accounting supervisor position does not supervise or evaluate employees. The number of direct reports should be redistributed among the director of fiscal services and the accounting supervisor. For example, the director of fiscal services could supervise Fiscal Services staff who are responsible for budget, position control and payroll, and the accounting supervisor could supervise Fiscal Services staff who are responsible for attending accounting, accounts payable and accounts receivable. The accounting supervisor should also supervise and evaluate employees. El MontE Union HigH ScHool DiStrict 6 ORGANIZATIONAL STRUCTURE The Purchasing Department is located in a separate building from the Accounts Payable Department, impeding communication between the departments regarding the purchasing cycle. The district should consider relocating the Purchasing Department to the district office. Recommendations The district should: 1. Redistribute the number of direct reports more equitably among the director of fiscal services and accounting supervisor. 2. Ensure that the accounting supervisor supervises and evaluates business office employees. 3. Consider relocating the Purchasing Department to the district office. Fiscal crisis & ManageMent assistance teaM 7 ORGANIZATIONAL CULTURE AND COMMUNICATION Organizational Culture and Communication Organizational culture is broadly defined as a system of shared assumptions, values, and beliefs that govern how people behave in school districts. These shared values strongly influence the people in the organization and dictate how they dress, act, and perform their jobs. Every school district possesses a unique culture. Organizational culture is generally not formal, but shaped by the actions of leadership over time. Staff who are not from the community of El Monte, and did not attend schools in the district perceive the district’s organizational culture as closed to outsiders. They indicated insiders carry more clout in the organization, making it difficult or impossible for outsiders to be heard. These staff indicated that within the district’s organizational culture, people are either viewed as an “insiders,” meaning they come from the El Monte community, or “outsiders” meaning they do not. The superintendent should take measures to ensure that all employees are heard and included. The first step is holding employees accountable for adhering to the procedures established by the Fiscal Services Department. The superintendent should set the tone of the organization and provide staff with the resources needed to perform their duties, including training, direction and communication. Moreover, the superintendent should delegate authority through the chain of command and give employees responsibility for outcomes under their control. The superinten- dent should ensure management does not erode internal controls. Effective communication is essential in providing a sense of stability and effective leadership. Without open and regular communication, inaccurate information may circulate and be assumed accurate. During interviews, many district staff members indicated the district office lacks sufficient communication. The superintendent does not conduct monthly staff meetings, and some district office departments have no meetings at all. Some departments do not participate in cross-department meetings or receive information about decisions that affect them. Communication between management and staff, staff in the various departments of the Business Services Division, and staff of the business office is unclear. Some staff are unprofessional when communicating with fellow employees, refuse to have face-to-face conversations, and operate in isolation without regard for what is in the district’s best interest. Although the face-to-face meeting is preferable, a consistent form of communication that lists by department current and upcoming projects would be effective. This type of communication would make it easier to plan for projects individually and by department to avoid delays in completion time, payments, and meeting deadlines. One important aspect of meetings is to ensure agendas are prepared in advance. To promote collaboration, the draft agenda should be distributed a week ahead of time to request topics. This timeline allows staff attending to be prepared to discuss the items that may be their responsibility. The agenda should also relate in some manner to the district’s vision, mission, and goals state- ments to emphasize their importance and demonstrate how district office work is directly related to student learning and outcomes. Questions from staff can often be answered in the meetings, which can also communicate critical information. This is also an efficient and effective way to train new staff and build trust among leadership and staff. The superintendent should take the lead in establishing better lines of communication throughout the district office. This could start by holding a monthly district officewide staff meeting to share important information. This meeting could be scheduled at the first of every month and held in the boardroom to accommodate all district office staff. El MontE Union HigH ScHool DiStrict 8 ORGANIZATIONAL CULTURE AND COMMUNICATION Department personnel that interact with each other daily should also meet as departments on a monthly or bimonthly basis. These include the following departments: • Payroll/Human Resources • Purchasing/Accounts Payable • Purchasing/Facilities Recommendations The district should: 1. Ensure the superintendent sets the tone of the organization, and provides staff with the resources needed to perform their duties, including training, direction and communication. 2. The superintendent should take measures to ensure that all employees are heard and included. The first step is holding employees accountable. 3. Ensure authority is delegated through the chain of command and give employees responsibility for outcomes under their control. 4. Ensure management does not erode internal controls, and employees are held accountable for their actions. 5. Ask the superintendent to convene monthly all-district office staff meetings at the district office. 6. Require personnel in departments that interact with each other daily to meet as departments on a monthly or bimonthly basis to improve communication. 7. Prepare written agendas in advance of each meeting. Fiscal crisis & ManageMent assistance teaM 9 FISCAL SERVICES Fiscal Services The district publicly provides its vision, mission, and goals clearly in a statement; however, it is unclear that all staff understand these and how to apply them to their respective departments. Strategic Planning The district does not have strategic plan. Such a plan establishes priorities, drives momentum and resources, supports operations, ensures those affected work toward common goals, promotes agreement on outcomes/results, and drives adjustments to the organization, as necessary. The district leadership has had significant turnover, and the resulting lack of stability has hampered staff’s ability to work toward objectives. The superintendent establishes the district vision, and weekly cabinet meetings could serve as an opportunity for the superintendent to establish guidelines for a strategic plan memorializing the vision and mission statements. Change can often provide opportunities for leadership to review policies and/or practices and make any necessary changes. Recommendation The district should: 1. Consider engaging in strategic planning. This process would ensure that those affected work collectively toward common goals and agree on outcomes. Employee Accountability Staff indicated the business office lacks employee accountability. Staff members are sometimes not held accountable when a problem affects other staff members and other departments. In other instances, they are held accountable for duties and tasks that they may not be aware of or that are not included in their job descriptions. In some cases, the duties were transferred to another position or department without a change in the title or job description. It is important for an organization to have clear roles, goals, and expectations. This includes decreasing conflict through improved communication. Departments under Business Services have several different locations, making communication even more important. Establishing roles, goals, and expectations will allow for planning to curtail problems and frustrations before they occur. The chief business official should periodically check in to make sure staff is functioning efficiently and determine if additional assistance or support is necessary. This will also provide an opportunity to determine workload and any necessary adjustments. Establishing standards that are included in a business office handbook will help clarify expecta- tions. This could be a Business Services Division project that is facilitated by one or two supervi- sors with input from all staff. The project should include a plan, timeline, meeting schedule, and efficient process for sharing the document(s) and material(s) (e.g., Google Docs). Standards could be as specific as protocols for phone calls, response time for emails, and accept- able behaviors for all district office departments. A reward/incentive program(s) can be developed to recognize personnel with exemplary performance. Because many district leaders are new to their positions and the district, El Monte Union has an opportunity to make significant changes to its organizational culture. Establishing a culture of service, responsibility, and accountability could begin by reviewing or establishing policies on accountability and responsibilities, updating as necessary, and communicating them to department personnel. Personnel standards will require training to support appropriate behavior and ethics. El MontE Union HigH ScHool DiStrict 10 FISCAL SERVICES Recommendations The district should: 1. Clearly articulate the duties and responsibilities of each position in the Fiscal Services Department. 2. Revise job descriptions to include the duties performed by business office staff members that are not in their job descriptions. 3. Establish roles, goals and expectations for the entire Fiscal Services Department. 4. Assign the chief business official to periodically check in with business office staff members to ensure they are functioning efficiently and determine if additional assistance or support is necessary. 5. Establish a business office handbook to clarify expectations for the business office staff. 6. Foster a culture of service, responsibility, and accountability. This could begin with reviewing or establishing policies on accountability and responsibilities. Position Control The district’s process for approving positions begins with the initiation of a personnel requisition by school site administration or district office administration to the Fiscal Services Department for budget approval, then to other departments for restricted funded positions, and finally to cabinet prior to board approval. The positions or a person(s) are often set up in the HRS system before board approval. These instances occur for regular full-time, part-time, hourly, and extra- hours positions. An HRS is a business process management software that is considered a fully integrated system that allows the financial system to run in an automated manner with multiple modules to process information. By entering information into the HRS at such an early stage, the district risks inadvertently paying employees before they are board approved. To align with the district’s goal of promoting fiscal responsibility to support student achievement, roles should be clearly identified. The leadership has changed in multiple departments over a short period of time, so staff has provided support between departments. Once the leadership roles are filled, the newly hired staff should retain their departmental responsibilities to establish themselves in the department and district. During FCMAT’s fieldwork, an administrator from one department directed an employee in another. This direction can often cause confusion and frustration among staff and mistakenly convey that someone other than the designated leader for that department is in charge. It is essential that the district practice unity of command ensuring that an employee is only account- able to one supervisor. Recommendations The district should: 1. Establish a process requiring board approval before anyone, including a new position, is activated in the HRS to eliminate the risk of payment to any unapproved person. The staff has no authority to make payment until the board takes formal action. Fiscal crisis & ManageMent assistance teaM 11 FISCAL SERVICES 2. Clearly delineate the responsibilities between each of the departments to provide a clear message to staff so there is a clear line of authority. The decision of the business office on the responsibilities or direction to staff related to work and coverage related to a vacancy should be the responsibility of the affected department. However, if a question or concern arises related to changes to job duties and/or job descriptions, the business office leaders should consult with the Human Resources Department. Organizational Alignment for Payroll and Personnel The district transferred the benefits position from the Payroll to the Human Resources Department to mirror the organization of other area school agencies at the time. No change was made to the job description or the title when the position was transferred. As a result, the posi- tion is still under a job description of payroll technician I, with the duties of a benefits person, and reports to the assistant superintendent, human resources. The district has two job descriptions for the payroll technician I and payroll technician II, including the duties assigned to each of the job titles. The payroll technician II position has duties listed in her job description related to paying classified employees, regional occupational center/program (ROC/P) teachers, certificated substitutes, processing tax sheltered annuities (TSAs) and workers’ compensation; however, staff interviews indicated that the position no longer performs any of these duties. Those duties have been transferred to a position called the benefits payroll clerk even though there is no authorized job description for that position. The job description of payroll technician I includes processing payroll. The district recently changed its third-party administrator for workers’ compensation, but the amount of work necessary increased, which requires staff to spend additional time to perform tasks previously handled by the former administrator. The district should evaluate the job descriptions for the payroll technician I and II to determine the duties of each position. If tasks have shifted from the payroll technician II to the payroll technician I, the district should evaluate the need to realign the positions with the corresponding duties. This would include returning duties to the payroll technician II as identified in that posi- tion’s job description. A second option would be to readjust the two payroll technician I positions to payroll technician II positions to align with the duties in the appropriate job description. A third option is to hire an additional Payroll Department position and reassign the duties related to ROC/P teachers, certificated substitutes, TSAs, workers’ compensation and support for the two positions in Payroll to the new position. If the district chooses this option, it should adjust the payroll technician II position to payroll technician I position to align with the appropriate duties. This position would perform the additional duties no longer conducted by the outside third-party administrator for workers’ compensation. As part of this assessment, the district should consider that the benefits payroll clerk performs her assigned duties without an authorized job description. This position should be part of the review since the duties are directly affected by any changes for the Payroll Department. The district should also include a reference to education and experience in the payroll technician I position job description. El MontE Union HigH ScHool DiStrict 12 FISCAL SERVICES Recommendations The district should: 1. Either transfer the payroll technician I position that handles benefits back to the Payroll Department, or change the title and duties of the benefits position. In addition, the district needs to adopt a job description for this position if it remains in the Human Resources Department. 2. Implement one of the following three options. • Evaluate the job descriptions for the payroll technician I and II positions to determine who performs which functions and realign the positions with the appropriate job duties. • Reassess the two payroll technician I positions to align with the duties in the job description for a payroll technician II. • Hire an additional Payroll Department position and reassign the duties related to ROC/P teachers, certificated substitutes, TSAs, workers’ compensation, and support for the two Payroll positions to this new position. Lack of Integrated Financial System The district utilizes a financial software application [PeopleSoft (Oracle)] maintained and controlled by the Los Angeles County Office of Education. PeopleSoft has established securities that limit the district’s ability to efficiently utilize only one system for financial reporting. The district uses third-party software called Smarte Tools for district reports. Periodic uploads and downloads are made to and from Smarte Tools and PeopleSoft for reporting purposes. This has also increased the workload of the staff and resulted in work duplication. In addition, it has increased the managers’ risk of receiving outdated financial information, which leads to manage- ment decisions based on inaccurate data. PeopleSoft District uses to enter: • Journal Entries (JE) - JEs are imported to Smarte Tools weekly. • Accounts Payable (AP) (Urgent Check) – AP is downloaded daily. • Payroll Transfer (JE) County securities do not allow for a budget transfer without prior board approval Smarte Tools Budget Transfer Accounts Receivable Items imported to PeopleSoft Accounts Payable after the board approves the Purchase Requisitions interim report. Budget Revisions Fiscal crisis & ManageMent assistance teaM 13 FISCAL SERVICES The transfer of the financial information from Smarte Tools to PeopleSoft occurs four times per year after the statutory reporting periods and places the district in a vulnerable position because it relies heavily on Smarte Tools. The timing and dates of the transfer are critical because of the decisions management may make any time during the fiscal year. Most of the day-to-day work is completed in Smarte Tools. The security limitation the county office places on the district has resulted in its reliance on an outside software application to obtain reports in an efficient time- line. The accounts payable approval process can be accomplished multiple times before running the batch. In Smarte Tools, the approval can be accomplished only once. Utilizing Smarte Tools to approve accounts payable is restrictive given that fact. To some degree, Excel can be used as the transferring application between the two systems through an upload and download. This provides a transfer without human intervention, reducing the risk of error. However, not all information can be transferred to the HRS system (position control system) electronically without human intervention. The district uses a position control document that is generated electronically through Smarte Tools; however, the document is auto- mated only until preparation for cabinet approval. The data is downloaded into Excel to prepare a report to the cabinet so it can review and approve positions included on the position control document. Once the Excel spreadsheet is returned from the cabinet with approvals, personnel manually enter the data into HRS (a module in PeopleSoft). This is a duplication of effort. The district has asked the county office when there may be an alternative to manual entry into HRS, but was told it will not occur for seven years. Once it is entered into HRS, the data can be downloaded into an Excel spreadsheet. Some reports that are generated manually or tracked on separate worksheets could be generated from the HRS system in a manner that would allow for sorting and analysis. The import performed weekly from PeopleSoft to Smarte Tools takes approximately five minutes to complete. The district could benefit from importing more frequently to ensure the most up-to- date information is included in the reports generated from Smarte Tools. The enterprise resource planning system used by the district and maintained by the county office will clearly not be updated any time soon. The district should continue to work with the county office to establish guidelines that help decrease or eliminate its reliance on a third-party software reporting application. A schedule should be posted so that all personnel who rely on the financial data transferred between the two systems stay informed of the process and the potential impact if reports are utilized outside of the timeframe of the transfer. Recommendations The district should: 1. Continue to download and upload reports between the two financial software systems to eliminate human intervention and decrease the risk of data entry error. 2. Import more frequently between the two financial software systems to ensure that the most up-to-date information is included in the reports generated from Smarte Tools. El MontE Union HigH ScHool DiStrict 14 FISCAL SERVICES 3. Work with the county office to establish guidelines that help decrease or eliminate its reliance on a third-party software reporting application. 4. Ensure a schedule is posted so that all personnel who rely on the financial data transferred between the two systems stay informed of the process and the potential impact if reports are utilized outside of the timeframe of the transfer. Flex Time and Overtime Approval During FCMAT fieldwork, some employees incurred overtime without the prior approval of supervisors, which is against district policy. Overtime is a financial burden on the district that is often not planned or incorporated into the budget. As a result, an overtime increase has a direct and unplanned impact on the ending fund balance, which can affect instructional and nonin- structional programs. A review of overtime for the current fiscal year found that the Printing Department has incurred a consistent increasing level between last fiscal year and this fiscal year. As of the end of March 2016, many personnel had exceeded or were close to exceeding last year’s overtime amounts. The amount of district overtime incurred this year is approximately $5,000 more per month than last year. The Printing Department provides an opportunity for the district to enhance revenues by offering printing services to outside organizations. The district should perform an analysis to determine if entering into such an effort would be fiscally advantageous. This option could help the print shop post a budget surplus instead of a deficit and meet the district’s goal of financial solvency. Some staff indicated other departments regularly incur overtime, but this could not be verified. However, if overtime is incurred, it should not be held for payment until the end of the fiscal year. California School Employee Association’s (CSEA) collective bargaining agreement with the district, Article 19 states, “Authorized and Approved” as it relates to overtime hours. So overtime hours should not be submitted late, particularly without prior approval. The district offers flexible start and end times for its employees; however, this arrangement was reportedly not negotiated with the local classified bargaining unit. Instead, the practice evolved over time to meet the needs of specific employees. During fieldwork, some personnel began their day as early at 6:30 a.m., and spent the first 60 to 90 minutes unsupervised. The option of starting early, particularly in the Los Angeles area due to traffic volume and commute time, demonstrates district support for its personnel. However, it is important to consider the impact on customers, including other district employees. If personnel coverage is insufficient to serve customers coming to the district office, the district’s mission and goals cannot be met. Staff interviews identified several occasions when personnel and community members were not served because of the early schedule and the lack of an available employee to address their needs. Fiscal crisis & ManageMent assistance teaM 15 FISCAL SERVICES Recommendations The district should: 1. Communicate a clear message to employees related to the CSEA’s collective bargaining agreement, Article 19, regarding overtime hours. 2. Assess the workload in the Printing Department to determine the changes from last year. Once these are identified, the district should determine if the costs are one-time or ongoing. This information can be used as the analysis for staffing needs in that department. 3. Perform an analysis to determine if the Printing Department could enhance revenues by offering printing services to outside organizations. This option could help the print shop post a budget surplus instead of a deficit and meet the district’s goal of financial solvency. 4. Re-evaluate its employee start and end times to determine if they meet the needs of school site personnel and the community. If early start times continue, a supervisor should be on site. El MontE Union HigH ScHool DiStrict 16 FISCAL SERVICES Fiscal crisis & ManageMent assistance teaM 17 PURCHASING AND WAREHOUSE Purchasing and Warehouse Accounts Payable (Nonconstruction) Invoice turnaround time is hindered by communication and process issues. The district should develop written procedures and guidelines to include timelines for processing invoices. Two areas that should be addressed are the invoice processing cycle and the lack of an escalation process. For example, if a particular invoice is delayed because of processing issues, it is set aside until it cycles up again in approximately two-week intervals. This may delay processing for 30 days or longer. Moreover, the district has no escalation process to handle problematic invoices, creating additional payment delays. The best practice is to assign the Accounts Payable staff to track backup documentation and obtain signatures when lack of them is preventing processing of payments. The district should develop an escalation process to move a task to a higher level of authority in the organization. This process would handle invoices with processing issues, relieving Accounts Payable account clerks from the responsibility of enforcing policy and procedures or noting viola- tions beyond basic inquiries. The following is an illustration of a standard escalation process: • Day 1 (Monday): 1st Notice Account Clerk • Day 4 (Thursday): 2nd Notice Account Clerk • Day 7 (Tuesday): Final Notice Accounting Supervisor/Director of Fiscal Services The district’s use of electronic systems is inefficient. Documents are uploaded digitally, printed and filed in Purchasing, then printed and filed in Accounts Payable. Purchase orders are still printed in five copies. Receiving paperwork is filled out in duplicate and sometimes triplicate. Receiving is performed using a hard copy for each purchase order. Purchasing staff scans and sends the document to the sites, and warehouse makes copies for each site for signature. Warehouse staff sends a signed copy to the site, resends another copy if a partial order was deliv- ered and additional deliveries are made, and provides a packing list showing receiving data. This redundancy occurs only when an order is being delivered directly to the site. Rather than notifying Purchasing or Warehouse, the site only notifies Accounts Payable that an order was received by way of the signed invoice. Accounts Payable does not notify Purchasing or Warehouse of the site delivery; therefore, the purchase order remains open, and Purchasing only learns of the delivery when it contacts the vendor to request a delivery status. Not knowing that Accounts Payable has already paid the invoice, closing the Purchase Order, Purchasing is only made aware of the delivery and payment after the fact, thus the duplicate or triplicate documentation process. Communication between Purchasing and Accounts Payable should be improved. For example, Purchasing enters notes on the purchase-order screen, but no alert is sent to Accounts Payable to inform that department that a note was submitted. Accounts Payable cannot upload copies of invoices to the system, leading to unnecessary printing of backup and filing of paper documents. Communication between Accounts Payable and Purchasing is strained. Management directed staff to soften its written communication, but no follow-up has been provided. El MontE Union HigH ScHool DiStrict 18 PURCHASING AND WAREHOUSE Recommendations The district should: 1. Retrain staff on the system features to reduce the use of paper copies. This retraining should focus on the accessibility of systems information. For example, Accounts Payable staff should be able to view purchase order information and backup online instead of printing, scanning and emailing purchase orders and documentation. 2. Include alert for notes added to purchase orders or establish procedures that allow Accounts Payable staff to review every purchase order screen for notes (the latter may cause significant processing delays). 3. Investigate the possibility of scanning invoices to the system to reduce paper documentation and filing time. If all documentation becomes available in the system, lost paperwork should be less likely. 4. Provide training in communication skills, specifically on how to write a memo/email using a positive and collaborative tone. Expediting Expediting is a concept in purchasing and project management for securing the quality and timely delivery of goods and components. Either Purchasing or Accounts Payable can perform expediting. In the district’s case, it is performed by both because of the lack of communication and collaboration between the departments, resulting in a duplication of effort and inefficient use of time. Expediting includes follow-up, which is a district effort to ensure the vendor meets the delivery timeline on the contract or purchase order. By practicing follow-up, the district places vendors on notice that orders are monitored. This usually ensures prompt delivery or notification from a vendor when delivery delays are anticipated. Follow-up also prevents unnecessary purchase order cancellations because of communication problems between the vendor and the district. Recommendations The district should: 1. Review the division of duties between the Accounts Payable and ‘ depart- ments, and assign specific responsibilities to eliminate duplication of effort. 2. Establish monthly (or more frequent) meetings with Accounts Payable and Purchasing to promote communication, discuss issues, and plan and coordinate processes. CAL-Card and Travel and Conference The district has a limited number of CAL-Card purchase cards in circulation, but has no written policies to provide audit guidance to Accounts Payable. As a result, it lacks accountability measures for the use of CAL-Cards, and there are no consequences when users fail to submit statements in a timely fashion. Fiscal crisis & ManageMent assistance teaM 19 PURCHASING AND WAREHOUSE The district should implement purchasing card procedures outlining allowable and unallowable uses for the CAL-Cards. The district should develop a CAL-Card manual such as the one attached as Appendix A to this report. The manual should include language on the consequences for personal use of card, failure to submit receipts, and failure to submit statements in the allotted time. The district has a travel and conference manual that explains the procedures for attending confer- ences, making hotel reservations, logging mileage and obtaining meal reimbursement, but the provisions are not followed. The district should review travel and conference procedures annually. A reminder memo/email should be sent to all staff members at the beginning of the year or annual training should be provided to ensure they comply and that new staff is trained on district policy. Recommendations The district should: 1. Develop a CAL-Card manual to provide audit guidance to Accounts Payable and institute accountability measures when CAL-Card procedures are not followed. 2. Provide annual training on the district’s travel and conference manual and institute accountability measures if travel and conference procedures are not followed. Cross-Training and Desk Manuals The Accounts Payable Department lacks cross-training and a desk procedures manual. More than one employee should be able to perform each job in the department. Each staff member should be required to use accrued vacation time, during which another staff member is assigned to perform those duties. Inadequate cross-training is often a problem regardless of an organization’s size. Staff turnover demonstrates the need to document business processes and procedures and cross- train staff. At least one additional employee should be trained for each position so he or she can temporarily perform critical duties in the event of illness, vacation or resignation. This will allow the district to continue essential business office functions without interruption. The Accounts Payable staff lacks desk manuals with include step-by-step procedures for busi- ness-related job duties and should make every effort to ensure these are developed. Desk manuals help ensure consistent application of internal controls and designate each position’s internal control responsibilities. Similarly, desk manuals provide an opportunity to plan and diagram internal controls and written standards for the business office, school sites and other district departments. Desk manuals are especially helpful for new staff in providing training, helping preserve institutional knowledge, and documenting and monitoring segregation of duties districtwide. These manuals should be developed and made available to the district office, school sites and other district departments to assist with processes and standards regarding accounts payable transactions and best practices. El MontE Union HigH ScHool DiStrict 20 PURCHASING AND WAREHOUSE Recommendations The district should: 1. Implement cross-training in all departments to allow the district to continue essential business office functions without interruption. 2. Establish desk procedures manuals for each position to ensure all duties are performed when an absence or vacancy occurs. Purchasing Procedures Purchasing procedures are well documented in the Purchasing Manual, but are routinely ignored. Further, management generally approves purchases that violate procedures without consequences, undermining the director of purchasing’s ability to enforce good business practices. Confirming purchase orders (meaning the purchase order is issued after services are rendered or goods received) are commonplace, and neither the requester nor the vendor are held accountable for ordering without a hard copy purchase order or for accepting a phone order. The district should re-educate staff on established policy for Purchasing and implement accountability for circumventing acceptable practices. The district should also follow up with a letter to the vendor outlining district policy and noting the district has no legal liability for orders placed outside the allowable procedures. The district has no process for monitoring purchases to prevent bid limits from being exceeded. Purchases by vendor are reviewed, but not by commodity. Sites are allowed to purchase office, instructional, custodial and other supplies and equipment from multiple vendors without reviewing to determine whether cumulative purchases exceed the bid limit. The district should establish a process to monitor usage throughout the district since bid limits are cumulative districtwide by category of items. Use of valid piggyback contracts or periodic letting of competi- tive bids for established categories would ensure district specifications are met in compliance with bidding laws (this responsibility is currently unassigned because of the vacancy in the director of purchasing position). Bid documents for construction are not current. For example, FCMAT noted during fieldwork that the “Notice to Bidders in the Low Voltage Bid EMUHSD ERATE 2015-16 (P3)” does not include statutory language for Department of Industrial Relations (DIR) registration or require- ment for prevailing wages. Bid documents called for a noncollusion affidavit; however, the form was replaced by the noncollusion declaration in 2012. Various certifications are not listed, but are required by law. The district should review all forms of contracts periodically to ensure legal code changes are implemented, preferably by legal counsel. The purchase order approval process is redundant. Sites/departments enter the requisition and it is routed through program approvals; to the director of purchasing; to the buyer for selection of vendor, pricing verification, and printing; and back to the director for approval. The director of purchasing approves all requisitions, once manually and again online, regardless of dollar amount. However, the buyers can still make changes to requisitions after approval by the director. This constitutes an internal control weakness since management should have final approval on all requisitions. Fiscal crisis & ManageMent assistance teaM 21 PURCHASING AND WAREHOUSE Recommendations The district should: 1. Re-educate staff on the established policy for purchasing, and implement accountability measures for circumventing acceptable practices. 2. Send follow-up letters to vendors outlining district policy and indicating the district has no legal liability for orders placed outside the allowable proce- dures. 3. Institute a process to monitor purchases, including by commodity, to ensure bid limits are not exceeded. 4. Utilize valid piggyback contracts or periodic letting of competitive bids for established categories to ensure district specifications are met in compliance with bidding laws. 5. Periodically review all forms of contracts to ensure legal code changes are implemented, preferably by legal counsel. 6. Review the purchase requisition routing process to streamline approvals and improve turnaround or processing of purchase orders. 7. Consider establishing a minimum amount for approval of purchases by the director of purchasing or use of object code routing (objects codes greater than 5000) to increase the position’s efficiency. 8. Consider using a wet-ink signature only when purchases orders are issued for contracts, capital purchases, or purchase orders exceeding a set limit. 9. Purchasing should only be allowed to make changes up to the change order limit on requisitions or purchase orders. Anything exceeding 10% should reroute through workflow for approval. Independent Contractor Versus Employees The Purchasing Department lacks knowledge of regulations concerning independent contractor as distinguished from those for employee regulations. As a result, long-term independent contractors have been provided with office space, use of equipment, materials, etc. in violation of Internal Revenue Service (IRS) regulations. Independent contractors have been hired for interim positions that should have been classified as employees. Recommendations The district should: 1. Provide training to Purchasing staff on independent contractor vs. employee differences. 2. Implement a process to review independent contractor agreements before a contract is signed. (A sample determination sheet is attached as Appendix B to this report.) El MontE Union HigH ScHool DiStrict 22 PURCHASING AND WAREHOUSE Delegation of Authority, Cross-Training and Desk Manuals The Purchasing Department lacks knowledge concerning delegation of authority. Authority to enter into purchases on behalf of the district must be board-approved. The district should disseminate information regarding delegation of authority to all sites and departments to avoid placing an unauthorized signature on agreements, resulting in unenforceable contracts. The district should consider delegation of authority by position instead of name to allow for conti- nuity of operations when personnel move in and out of positions. The department lacks cross-training and a desk procedures manual. More than one employee should be able to perform each job in the department. Each staff member should be required to use accrued vacation time, during which another staff member is assigned to perform those duties. Inadequate cross-training is often a problem regardless of the size of an organization. Staff turnover demonstrates the need to document business processes and procedures and to cross-train staff. At least one additional employee should be trained for each position so he or she can temporarily perform critical duties in the event of illness, vacation or resignation. This will allow the district to continue essential business office functions without interruption. Purchasing staff lack desk manuals that include step-by-step procedures for business-related job duties and should make every effort to ensure these are developed. Desk manuals help ensure consistent application of internal controls and designate each position’s internal control responsi- bilities. Similarly, desk manuals provide an opportunity to plan and diagram internal controls and written standards for the business office, school sites and other district departments. Desk manuals are especially helpful for new staff. They can provide training, help preserve institutional knowledge, and document and monitor segregation of duties districtwide. The districts business procedures manual should be maintained and made available to the district office, school sites and other district departments to serve as a guide to the district’s business processes in purchasing, contracting, and accounts payable. Recommendations The district should: 1. Disseminate information on delegation of authority to all sites and depart- ments to avoid placing an unauthorized signature on agreements, resulting in unenforceable contracts. 2. Consider delegation of authority by position instead of name to allow for continuity of operations when personnel move in and out of positions. 3. Implement cross-training in all departments to allow the district to continue essential business office functions without interruption. 4. Establish desk procedures manuals for each position to ensure all duties are performed when an absence or vacancy occurs. 5. Maintain a business processes manual that references the district’s purchasing, contracting, and accounts payable policies including signatory authority, deadlines, conflict of interest, and other pertinent topics. Fiscal crisis & ManageMent assistance teaM 23 PURCHASING AND WAREHOUSE Competitive Bidding/Public Works The district opted into the California Uniform Public Construction Cost Accounting Act in August, 2016, but has failed to implement proper procedures under the Act. The district neither maintained a registered contractor list nor notified trade papers that it was an Act district. The district must use one or both methods to comply with the law. The district also did not adopt the informal bidding policy through revision of the administrative regulation (ordinance) as required by the act. The district’s administrative regulation allows for a protest period that ends five days after award. This is problematic and could lead to litigation. Awarding work to only a few “preferred” contractors may result in a perceived conflict of interest. Staff lack understanding of the proper implementation of the quoting, informal, and formal bidding process. The district has also not adopted emergency procedures under the act and does not follow the requirements. Recommendations The district should: 1. Establish and publish a list of contractors to fulfill the requirement of the Act and revise the protest period to five days after opening of the bid. (A sample administrative regulation is attached as Appendix C to this report.)) 2. Prepare written procedures and train all staff that handle quotations, informal bids, and formal bids. (Sample procedures are attached as Appendix C to this report.) 3. Consider moving informal and formal bidding to the Purchasing Department to eliminate any appearance of conflict of interest and preferential treatment of specific contractors. 4. Submit emergency procedures to the board for adoption as soon as possible. (A sample resolution is attached as Appendix D to this report.) Custodial Supplies and Civic Center Act The district’s deferred maintenance plan is not current, making it difficult to schedule bids for seasonal and summer work. The district should establish a project priority list (formerly called a deferred maintenance plan) to maximize opportunities for public works projects. Sites prepare requisitions for custodial supplies on paper and send them to the Maintenance Department clerk, who re-enters them into the system, resulting in a duplication of work. The clerk in the Maintenance Department spends roughly half her time entering these requisitions. The district should train sites to enter Stores orders into the system to be verified and approved by the facilities, maintenance, operations, and transportation coordinator, freeing up the clerk from that department to complete her other duties more efficiently and reducing the need for overtime. The district should also consider decentralizing the custodial budget to make sites accountable for the quantities they order. Compliance with the Civic Center Act is not enforced. Sites are permitted to waive fees without consideration of legal requirements to charge for all functions that collect fees. Sites waive insurance requirements without consulting with the facilities, maintenance, operations, and transportation coordinator clerk. The Use of Facilities contract is lacking or submitted after the fact. The district should retrain staff on use of facilities procedures and establish a fee schedule for El MontE Union HigH ScHool DiStrict 24 PURCHASING AND WAREHOUSE all types of uses. (A sample schedule is attached to Appendix E to this report.) The district office management should review all fee waiver requests to avoid the appearance of favoritism or gift of public funds. Recommendations The district should: 1. Establish a project priority list (formerly called a deferred maintenance plan) to maximize opportunities for public works projects. 2. Train sites to enter Stores orders into the system to be verified and approved by the facilities, maintenance, operations, and transportation coordinator, freeing up the clerk from that department to complete her other duties more efficiently and reduce the need for overtime. 3. Consider decentralizing the custodial budget to make sites accountable for the quantities they order. 4. Retrain staff on use of facilities procedures and establish a fee schedule for all types of uses. 5. Require management to review all fee waiver requests to avoid the appearance of favoritism or gift of public funds. Fiscal crisis & ManageMent assistance teaM 25 STAFFING COMPARISONS Staffing Comparison Data for a comparison of the district’s business office staffing was obtained from three California unified school districts with student enrollment similar to that of the El Monte Union High School District. FCMAT chose a list of comparable districts using information provided by the Ed-Data website (www.ed-data.k12.ca.us) for the most recent fiscal year available (2013-14) and the comparison districts themselves. The comparison districts surveyed were the Escondido, Perris and Merced union high school districts. The comparison of organization and staffing should be viewed as a guideline for appropriate staffing levels rather than in absolute terms because California school districts are complex systems that vary widely in demographics, resources, climate, and organization. For example, this report considers organization and staffing in high school districts that share certain functionalities to various extents, but this comparison also will vary significantly because of the relatively small number of large high school districts in the state. Determining staffing needs based on one or two criteria can be misleading if significant circumstances are not considered. Therefore, compar- ative data should be used with the formulas provided in this report to determine the staffing levels appropriate for the district’s unique characteristics. In comparing districts, FCMAT took into account the following: • The grade level configuration (high school district) • The enrollment of the district • The percentage of English-language learners • The percentage of students who are eligible for free and reduced price meals • The percentage of minority students • The largest ethnic group represented County Name District Name Enrollment Students % English % Free or % Minority Largest Ethnic Group Learners Reduced Meals San Diego Escondido Union High 9,303 15.1% 59.7% 69.3% Hispanic or Latino Riverside Perris Union High 10,435 17.5 71.2 83.3 Hispanic or Latino Los Angeles El Monte Union High 9,573 21.6% 90.2% 98.4% Hispanic or Latino Merced Merced Union High 9,964 9.2% 77.7% 81.7% Hispanic or Latino The following tables show the business office staffing for the district and each of the comparison districts: District Name Management Accounting Payroll Purchasing* Director of Fiscal Services Director of Purchasing El Monte Union High Accounting Supervisor 8 2 2 Director of Fiscal Services Perris Union High Director of Purchasing 5 3 3 Director of Finance Escondido Union High Director of Purchasing 5 2 3 Director of Fiscal Services Purchasing Manager Merced Union High Budget Analyst 5 2 1 *Does not include warehouse or printing El MontE Union HigH ScHool DiStrict 26 STAFFING COMPARISONS Each comparison district surveyed employed a director of fiscal services and a director of purchasing or purchasing manager, but only El Monte Union had an accounting supervisor. However, the Merced Union High School District had a budget analyst, which is classified as a management position. El Monte Union had the highest number of accounting staff among the comparison districts, but also was second-lowest in purchasing staff. The number of payroll staff was consistent among all four districts, with the exception of Perris Union, which is slightly larger in enrollment. Based on the comparative staffing data, the district appears to be adequately staffed in the busi- ness office. However, the district should continue to monitor staffing levels based on changes in enrollment, educational programs and the availability of capital facilities funding. Recommendation The district should: 1. Monitor business office staffing levels based on changes in enrollment, educa- tional programs and the availability of capital facilities funding. Fiscal crisis & ManageMent assistance teaM 2277 APPENDDRICAEFST Appendices A. Sample CAL-Card Manual B. Sample Contractor Determination Sheet C. Sample Administrative Regulations D. Sample Emergency Resolution E. Sample Facility Use Fee Schedule F. Study Agreement El MontE Union HigH ScHool DiStrict 2288 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 2299 APPENDDRICAEFST Appendix A: Sample CAL-Card Manual CREDIT / PROCUREMENT CARDS El MontE Union HigH ScHool DiStrict 3300 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 3311 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 3322 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 3333 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 3344 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 3355 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 3366 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 3377 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 3388 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 3399 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 4400 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 4411 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 4422 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 4433 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 4444 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 4455 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 4466 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 4477 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 4488 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 4499 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 5500 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 5511 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 5522 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 5533 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 5544 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 5555 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 5566 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 5577 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 5588 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 5599 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 6600 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 6611 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 6622 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 6633 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 6644 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 6655 APPENDDRICAEFST SERVICE AND LEADERSHIP GROSSMONT UNION HIGH SCHOOL DISTRICT PURCHASING CARD PROGRAM CARDHOLDER MANUAL OF POLICIES AND PROCEDURES Ken Leighton Fiscal ServicesExecutive Director Fiscal Services El MontE Union HigH ScHool DiStrict 6666 DARPPAEFNTDICES TABLE OF CONTENTS Welcome 4 Program Overview 5 Benefits 5 Cardholder Manual of Policies and Procedures 5 Purchasing Card Policies 6 1.0 Purpose 6 2.0 Introduction 6 3.0 Definitions 6 4.0 Receiving the Purchasing Card 7 5.0 Authorized Card Use 7 6.0 Unauthorized and/or Inappropriate Card Use 8 7.0 Making a Purchase with the Purchasing Card 8 8.0 Merchandise Returns and Exchanges 8 9.0 Record Retention 9 10.0 Cardholder Verification of Charges 9 11.0 Cardholder Charge Dispute Resolution 10 12.0 Department Head Verification of Cardholder Charges 10 13.0 Transaction Reallocation 10 14.0 Purchasing Card Security 10 15.0 Lost, Stolen, or Damaged Purchasing Cards 11 16.0 Cardholder Account Maintenance 11 17.0 Cardholder Transfer within the Grossmont Union High School District 11 18.0 Cardholder Separation from the Grossmont Union High School District 11 19.0 Purchasing Card Cancellation 11 Purchasing Card Procedures 12 1.0 How is a purchasing card obtained? 12 2.0 Once a cardholder receives their card is it immediately ready for use? 12 3.0 How are the dollar amounts and activity controls set? 12 4.0 How can the control limits be changed? 12 5.0 For whom cana cardholder make purchases? 13 6.0 What can be purchased with the purchasing card? 13 7.0 How do I make purchases by phone, fax or Internet? 13 8.0 Is personal use ofthe purchasing card allowed? 13 9.0 Can the card be shared? 13 10.0 Which suppliers may I use? 13 11.0 What if the supplier does not accept purchasing cards? 13 12.0 What are the guidelines for sales tax? 14 13.0 What are the delivery instructions? 14 14.0 What is the required receipt documentation? 14 15.0 What if a receipt is not available? 14 GUHSDPurchasing Card Program –Cardholder Policies and Procedures 2 Fiscal crisis & ManageMent assistance teaM 6677 APPENDDRICAEFST 16.0 What if a receipt is lost? 14 17.0 What if the card is lost or stolen? 14 18.0 What if the cardholder leaves the Districtor changes to another department? 14 19.0 How are charges paid for? 15 20.0 What if there is an incorrect billing? 15 21.0 How are purchases returned? 15 22.0 Will using a purchasing card affect personal credit? 16 23.0 What if I do not use the card? 16 24.0 What transactions are not authorized? 16 25.0 What would cause a card to be revoked? 16 26.0 What are the most common exceptionsexperienced by a cardholder? 16 27.0 What actions will be taken if a card is subject to revocation? 17 28.0 What are my Supervisor's Responsibilities? 17 29.0 Who should I call if I have questions or experience problems? 17 Acknowledgement Form 18 Appendix 19 Cardholder ApplicationForm--Form PC-01 A Cardholder Change Form --Form PC-02 B Purchasing Card Cardholder Agreement --Form PC-03 C Monthly Purchasing Card Log --Form PC-04 D Purchasing Card Missing Receipt Form --Form PC-05 E Cardholder Dispute Form --Form PC-06 F GUHSDPurchasing Card Program –Cardholder Policies and Procedures 3 El MontE Union HigH ScHool DiStrict 6688 DARPPAEFNTDICES WELCOME The Grossmont Union High School District in association with Commerce Bank and VISA is delighted to offer employees a purchasing program that simplifies the way you may buy goods and services. The Purchasing Card Program is a fast, flexible alternative for purchasing low dollar value items from suppliers that accept Visa Credit Cards. GUHSDPurchasing Card Program –Cardholder Policies and Procedures 4 Fiscal crisis & ManageMent assistance teaM 6699 APPENDDRICAEFST PROGRAM OVERVIEW The Procurement Card Program (aka P-Card) has been established by the Grossmont Union High School District (District) to facilitate the purchase of certain small dollar value items by selected permanent employees (Cardholders) of the District. A District VISA Card will be issued in the name of the Cardholder after the Cardholder has signed the required District agreement form and the issuance of an authorized P-Card to that employee. The P-Card is to be used exclusively by the Cardholder to make authorized purchases at commercial business establishments. The P-Card shall never be used to purchase personal items. The P-Card shall never be loaned to or used by anyone other than the Cardholder whose name appears on the face of the P-Card. Benefits The purchasing card concept is designed to delegate the authority, responsibility and capability to make small dollar value purchases directly to the person to whom it most matters –YOU, the enduser. Cardholders can obtain goods in a quick and convenient way within the system’s controls. Speed in obtaining supplies will promote better service. The amount of paperwork involved with processing purchases will be sharply reduced for the user’s department and Fiscal Services. Cardholder Manual of Policies and Procedures This Manual of Policies and Procedures has been developed to provide you, the Cardholder, with information regarding the benefits of P-Cards, the responsibilities that come with the issuance of a P-Card, and the rules that must be followed by the Cardholder. Each Cardholder is required to read and agree to follow the policies and procedures contained in this entire document. Once you have read and understand the Cardholder Manual of Policies and Procedures, sign the certification at the end of the document and return the certification to the P-Card Program Administratorin Fiscal Services. Keep the Manual for future reference. GUHSDPurchasing Card Program –Cardholder Policies and Procedures 5 El MontE Union HigH ScHool DiStrict 7700 DARPPAEFNTDICES PURCHASING CARD POLICIES 1.0 PURPOSE: The purpose of this Policies and Procedures Manual is to set forth the Policies and Procedures for the Grossmont Union High School DistrictPurchasing Card Program. 2.0 INTRODUCTION: The Grossmont Union High School DistrictPurchasing Card Program has been established to provide aconvenient means with which to make small dollar value purchases and reduce the costs associated with initiating and paying for those purchases. Fiscal Services is responsible for managing the Program and each department is responsible for managing its Cardholder accounts. Two areas of responsibility have been defined within each department to assist in this management effort. They are the Cardholder and the Department Head. It is important to understand that these areas of responsibility do not necessarily equate to two separate individuals within the department. It is permissible for one individual to be assigned one or more of these responsibilities as defined in these Policies and Procedures. The ultimate decision as to how each of these responsibilities is assigned will be made within each department. 3.0 DEFINITIONS: 3.1 Purchasing Card(P-Card):AVISA Cardissued to an employee of the District for the purpose of making authorized purchases on the District’s behalf. The District will issue payment for authorized charges made with the Purchasing Card. 3.2 Cardholder: A Grossmont Union High School District employee whose name appears on the Purchasing Card and who is accountable for all charges made with that card. 3.3 Department Head: Grossmont Union High School Districtemployee(s) within each department responsible for verifying that all charges against the Cardholder's account are authorized and approved, and that the documentation for each Cardholder is forwarded to Fiscal Services on a monthly basis. Department Heads have the ability to allocate individual charges to multiple account numbers. A Department Head may oversee more than one Cardholder account depending on how the department elects to manage its accounts. A department may have more than one Department Head. 3.4 Program Administrator: Fiscal Services is responsible for administering the Purchasing Card Program and is the main contact for the Grossmont Union High School District. 3.5 Transaction / Spending Limit: A dollar limitation of purchasing authority assigned to the Cardholder for each total charge made with the Purchasing Card. This amount must not exceed the predetermined spending limit. Limits are established on a per Cardholder basis. A single transaction/charge may include multiple items but cannot exceed the predetermined spending limit. 3.6 Monthly Spending Limit: A dollar limitation of purchasing authority assigned to the Cardholder for the total of all charges made during each monthly billing cycle. GUHSDPurchasing Card Program –Cardholder Policies and Procedures 6 Fiscal crisis & ManageMent assistance teaM 7711 APPENDDRICAEFST 3.7 Monthly Statement: A listing of all transactions charged to the Cardholder's card account up to the end of the monthly billing cycle. Monthly Statements are available online through ControlPay at https://www.controlpayadvanced.com. 3.8 Default General Ledger Account: The Grossmont Union High School District account code assigned to each cardholder. 3.9 Support Documentation: A merchant produced or non-Grossmont Union High School District document that records the relevant details for each item purchased including quantities, amounts, a description of what was purchased, the total charge amount and the merchant's name and address (e.g. sales receipt, original invoice, packing slip, credit receipt, etc.). 4.0 RECEIVING THE PURCHASING CARD: 4.1 Acomplete Cardholder ApplicationForm(Form PC-01) must be submitted for each prospective Cardholder. The Department Head must select the purchasing controls, sign the form and then forward it to the Program Administratorin Fiscal Services. 4.2 All prospective Cardholders must read and understand the Cardholder Policies and Procedures, agree to follow the Cardholder Policies and Procedures, attend a training session and sign a Cardholder Agreement prior to receiving a Purchasing Card. 4.3 In order to provide a measure of security, the purchasing card requires activation. When the card is received; a sticker prompts the Cardholder to activate the purchasing card. Once activated, the purchasing card is ready for use. Activation is required only once for each purchasing card issued. 5.0 AUTHORIZED CARD USE: 5.1 Cardholders are authorized to use the Purchasing Card to purchase merchandise required as a function of their duties at the Grossmont Union High School District. 5.2 Unauthorizedpurchases usingthe Purchasing Card includethefollowing: Alcohol Furniture & Equipment Personal Items Capital Outlay Insurance Postage Services Cash Advances Maintenance Contracts Stamps Consultants/Performance Agreements Medications Subscriptions Cell Phones Memberships Contracted services Pagers In addition, the following are unauthorized: Items for personal use Items prohibited by law or District Policy Non-Grossmont Union High School District Purposes 5.3 Only the Cardholder whose name is embossed on the Purchasing Card is authorized touse the card. The Cardholder is responsible for ensuring that all charges made with the card are in compliance with these Policies and Procedures as well as all Grossmont Union High School DistrictPolicies and Procedures. 5.4 The total value of any one charge made with the Purchasing Card may not exceed the single transaction limit stipulated on the Cardholder's ApplicationForm. GUHSDPurchasing Card Program –Cardholder Policies and Procedures 7 El MontE Union HigH ScHool DiStrict 7722 DARPPAEFNTDICES 6.0 UNAUTHORIZED AND/OR INAPPROPRIATE CARD USE: 6.1 The Purchasing Card must never be used to purchase items for personal use or for non-Grossmont Union High School Districtpurposes even if the Cardholder intends to reimburse the Grossmont Union High School District. 6.2 A Cardholder who makes an unauthorized purchase with the Purchasing Card, as defined in Section 5.0 and 6.0 or uses the Purchasing Card in an inappropriate manner will be subject to disciplinary action including possible card cancellation. 6.3 Failure to comply with the requirements of this Cardholder Manual and Grossmont Union High School District policies and procedures may result in immediate revocation of procurement card privileges. This includes, butis not limited to, any of the following: ♦ Splitting of charges to avoid the single purchase dollar limit. ♦ Loaning the card to another employee or person. ♦ Using the P-Card for personal use. ♦ Allowing purchases to be signed for by anyone other than the cardholder. ♦ Failure to submit receipts for charges. ♦ Submitting the monthly cardholder statement to Fiscal Servicesmore than7days after the monthly statement date. ♦ Fails to attach receipts that match the item descriptions or dollar amounts listed on the monthly statement of account. 7.0 MAKING A PURCHASE WITH THE PURCHASING CARD: 7.1 Confirm that the selected merchant accepts VISA Card. If not, choose another merchant. In either case, inform the Program Administrator, via the Department Head, about the fact that the original merchant did not accept VISA Card. 7.2 When making purchases, the Cardholder must sign the charge receipt and retain the customer copy. The Cardholder should verify that either the charge receipt or sales receipt complies with the requirements for support documentation set forth in Section 3.0 (paragraph 3.9). 8.0 MERCHANDISE RETURNS AND EXCHANGES: 8.1 The Cardholder is responsible for contacting the merchant when merchandise purchased with the Purchasing Card is not acceptable (incorrect, damaged, defective, etc.) and arranging a return for credit or an exchange. 8.2 If merchandise is returned for credit, the Cardholder is responsible for obtaining a credit receipt from the merchant and retaining that receipt with the support documentation for that purchase. Receiving cash or checks to resolve a credit is prohibited! 8.3 If merchandise is to be exchanged, the Cardholder is responsible for returning the merchandise to the merchant and obtaining a replacement as soon as possible. Documentation showing the proper resolution of the exchange is to be retained with the support documentation for that purchase. GUHSDPurchasing Card Program –Cardholder Policies and Procedures 8 Fiscal crisis & ManageMent assistance teaM 7733 APPENDDRICAEFST 9.0 RECORD RETENTION: 9.1 Cardholder Responsibility: The Cardholder is responsible for obtaining purchase documentation from the merchant (sales receipt, packing slip, etc.) to support all purchases made with the Purchasing Card and verifying that the documentation complies with the requirements for support documentation set forth in Section 3.0 (paragraph 3.9). If the receipts are unavailable, the cardholder must submit a written explanation describing the transaction in detail(See 9.2). 9.2 Lost Receipt: If the cash register receipt or the signed credit form is lost, the cardholder must first attempt to contact the merchant and obtain a copy of the documentation. If that is not possible, the cardholder must submit the Missing Receipt Form (Appendix E) detailing the entire transaction. The cardholder’s supervisor must review and sign the written explanation. Please note that Section 6.0 (paragraph 6.3) lists failure to turn in receipts as a reason for possible revocation of thePurchasing Card. 10.0 CARDHOLDER VERIFICATION OF CHARGES: 10.1 Cardholders are accountable for all charges made with their Purchasing Cards and are responsible for checking all transactions against the corresponding support documentation to verify their accuracy and propriety. Verification should be done regularly using the Commerce Bank’s ControlPayAdvanceonlinetransaction review system and the Cardholder's printed Monthly Statement. 10.2 All transactions processed during a monthly cycle will be reflected on a monthly statement of account. Each cardholder will receive a copy of their statement of account at the end of the monthly cycle. During the cycle, cardholders are responsible for retaining the original copy of all transaction receipts. 10.3 Cardholders are to review their transactions on Commerce Bank’s ControlPay Advancedfor accuracy, including transactions, amounts, and default account number codes. If an account number for a purchase is incorrect, the cardholder use an appropriate account number as listed in the drop down box next to the transaction. Once each transaction is properly allocated, the cardholder will check the “Reviewed” boxand possibly the “Approved” box (if the Monthly Statement is to be printed out for approval by the Department Head). This will “lock” the information into the system. 10.4 Cardholders will create a Transaction Envelope for all approved transactions that will be included in the Monthly Statement. This Monthly Statement will be printed out and the cardholder will attach Original Receipts along with any required written explanations. Keep a record (duplicate copies) of all receipts, written explanations, statements and forms submitted. Each cardholder is responsible for keeping their own documentation and processing the statements for payment. In the absence of the cardholder, the supervisor is responsible for processing the payment. Each cardholder is responsible for informing the supervisor of the location where the receipts and documentation are kept. 10.5 If a particular charge or credit does not appear on-line or on the Monthly Statement, it should be checked against future on-line transaction information and/or the next Monthly Statement. If the charge or credit does not appear within 60 days after the original charge wasmade, the Cardholder must notify the Program Administrator. GUHSDPurchasing Card Program –Cardholder Policies and Procedures 9 El MontE Union HigH ScHool DiStrict 7744 DARPPAEFNTDICES 10.6 If the Cardholder disputes a charge, the nature of the dispute and the final resolution must be documented. This documentation must be retained with the Monthly Statement on which the disputed charge appears. (See Section 11.0 ) 10.7 The monthly statement should be given to the Department Head for approval and signature: 11.0 CARDHOLDER CHARGE DISPUTE RESOLUTION: In the case of a disputed charge, the Cardholder must try to resolve the dispute directly with the merchant. If the dispute cannot be resolved, the Cardholder must complete a Cardholder Dispute Form (Appendix F) within 30 days of the date noted on the Statement that lists the disputed charge and forward the completed form to the Program Administrator. 12.0 DEPARTMENT HEAD VERIFICATION OF CARDHOLDER CHARGES: 12.1 The Department Head is responsible for reviewing each transaction on a cardholders’ monthly statement. 12.2 For a charge to be approved there must be adequate support documentation available so that the Department Head can ascertain that the purchase is valid and the Cardholder is accountable for that purchase. 12.3 A discrepancy associated with a charge may occur if any one or more of the following situations exist: ♦ Insufficient transaction information. ♦ One or more of the criteria for authorized card use set forth in Section 5.0 have not been met. ♦ The Cardholder disputes the charge. (See Section 11.0 ) 12.4 All discrepancies must be investigated and resolved. The disposition of each discrepancy must be documented and retained with the Support Documentation and/or Monthly Statement. Cardholders are accountable for all discrepancies. The Program Administrator must be notified, in writing, of all discrepancies. 12.5 The monthly statement of account and attached receipts should then be forwarded to the Program Administrator in Fiscal Services within 7 days from the date on the statement. 13.0 TRANSACTION REALLOCATION: For any given charge, the Cardholder or the Department Head have the option of performing an on-line reallocation from the default account number to any other Grossmont Union High School Districtaccount number that they are authorized to access. 14.0 PURCHASING CARD SECURITY: 14.1 It is the Cardholder's responsibility to safeguard the Purchasing Card and Purchasing Card account number at all times. 14.2 Cardholders must keep their Purchasing Cards in a secure location at all times. GUHSDPurchasing Card Program –Cardholder Policies and Procedures 10 Fiscal crisis & ManageMent assistance teaM 7755 APPENDDRICAEFST 14.3 Cardholders must not allow anyone else to use their Purchasing Cards and/or Purchasing Cardaccount numbers. 14.4 Cardholders must not write their Purchasing Card account numbers where others can easily see them. 15.0 LOST, STOLEN OR DAMAGED PURCHASING CARD: 15.1 If a Purchasing Card is lost, stolen or damaged, the Cardholder must report this immediately to the card issuing bank. 15.2 Cardholders must notify the Program Administrator if their cards are lost, stolen or damaged within 24 hours after reporting the incident to Card Services. 15.3 After the above notification procedures have been completed, a new Purchasing Card may be issued to the Cardholder by the Program Administrator. 15.4 If a Purchasing Card is found after it has been reported lost or stolen it must be destroyed by cutting it in half and returning both halves to the Program Administrator. The same procedure applies if a card is damaged. Both card halves must be forwarded to the Program Administrator. 16.0 CARDHOLDER ACCOUNT MAINTENANCE: Whenever any of the information contained on a Cardholder’s Application Form changes, a new Cardholder Application Form must be completed by the Cardholder within 30 days of the change and signed by the Department Head. The completed Change/Cancellation Formmust then be forwarded to the Program Administrator. 17.0 CARDHOLDER TRANSFER WITHIN THE Grossmont Union High School District: Cardholders who transfer to a new position within the same department and require the use of a Purchasing Card as part of their new dutiesshould continue to use the same card.The Cardholder should notify the Program Administrator of a new Default Account Number they would like assigned to their card. Cardholders who no longer require a Purchasing Card in their new position or transfer to a different department must return their Purchasing Card to the Program Administrator along with a completed Change/Cancellation Form(Appendix B). 18.0 CARDHOLDER SEPARATION FROM THE Grossmont Union High School District: Prior to separation from the Grossmont Union High School District for any reason, Cardholders must surrender their Purchasing Card and corresponding support documentation to the Program Administrator per the instructions in Section 19.0. 19.0 PURCHASING CARD CANCELLATION: The Program Administrator must be notified immediately when a Purchasing Card is to be canceled. The card must be destroyed by cutting it in half. Both card halves must be forwarded to the Program Administrator along with a complete Change/CancellationForm (Appendix B). GUHSDPurchasing Card Program –Cardholder Policies and Procedures 11 El MontE Union HigH ScHool DiStrict 7766 DARPPAEFNTDICES PURCHASING CARD PROCEDURES 1.0 How is a purchasing card obtained? Call or e-mail the Purchasing Card Program Administrator and request a Cardholder Application Form(see Appendix A) and a Cardholder Agreement Form (see Appendix C). Complete the forms and submit them to your department head or supervisor for approval. The completed Cardholder Agreement and Application Forms shall be forwarded to the Purchasing Card Program Administrator for processing. Once the Purchasing Card Program Administrator receives the new card, usually within 5 business days, you will be contacted and scheduled for training. Upon completion of the training you will be asked to sign the Purchasing Cardholder Policies and ProceduresAcknowledgement Formand the card will be issued. The Purchasing Card Program Administrators are: Primary Contact: Secondary Contact: 2.0 Once a cardholder receives their card is it immediately ready for use? No. In order to provide a measure of security, the purchasing card requires activation. When the card is received, a sticker prompts the cardholder to activate the purchasing card. Once activated, the purchasing card is ready for use. Activation is required only once for each purchasing card received. 3.0 How are the dollar amounts and activity controls set? When applying for a card, the department head or supervisor determines control limits for the following:  Dollar limit per transaction  Dollar limit per month (cycle*)  Number of times of use per day  Number of times of use per month (cycle*)  Authorized Merchant Category Code  Prohibited merchant types *This refers to the monthly billing cycle as determined by Commerce Bank. Commerce Bank’s cycle runs from the 1stof each month to the last day of each month. 4.0 How can control limits be changed? A Change/Cancellation Form (Appendix B) must be completed indicating the changes desired and submitted to the Purchasing Card Program Administrator for processing. All changes will take effect immediately upon completion of data entry by the Program Administrator. GUHSDPurchasing Card Program –Cardholder Policies and Procedures 12 Fiscal crisis & ManageMent assistance teaM 7777 APPENDDRICAEFST 5.0 For whom can a cardholder make purchases? The Cardholder may make Grossmont Union High School District business-related purchases. 6.0 What can be purchased with the purchasing card? The purchasing card may be used to purchase only items or services that are for Grossmont Union High School District’s use. In addition, certain classifications of products or services designated by Merchant Category Codes (MCC)* may be excluded when the card is originally set up. *Merchant Category Codes (MCC) are groups of standard industry classification codes, or basically the primary type of business conducted by a supplier. 7.0 Can I make purchases over the phone, fax or Internet? Yes, unless otherwise specifically noted in your Purchasing Card Agreement. These purchases do require prior approval by the Program Administrator or the Director of Purchasing to ensure proper purchasing procedures are not being circumvented. 8.0 Is personal use of the procurement card allowable? No. Use of the purchasing card for personal purchases is strictly prohibited. If the purchasing card is inadvertently used for a personal purchase, call the Purchasing Card Program Administrator immediately. 9.0 Can the card be shared? No. Use by anyone other than the Cardholder whose name is embossed on the card is strictly prohibited. The only person entitled to use a purchasing card is the person whose name appears on the face of the card. Only the cardholder may sign for Card transactions. 10.0 Which suppliers may I use? The purchasing card is a VISA Cardproduct. Any supplier or merchant who accepts VISA can accept the purchasing card. The Cardholder may only use those suppliers or merchants that have been authorized by the Program Administrator. If the Cardholder attempts to use the Purchasing Card at a supplier or merchant that is not authorized, the transaction will be declined. 11.0 What if the supplier does not accept purchasing cards? VISA Cards are accepted by more than 8 million suppliers worldwide, so acceptance shouldn’t be a concern. However, if a supplier currently does not accept VISA Card, notify the Program Administrator who will work with the supplier to assist them in enrolling in the VISA Cardacceptance program. GUHSDPurchasing Card Program –Cardholder Policies and Procedures 13 El MontE Union HigH ScHool DiStrict 7788 DARPPAEFNTDICES 12.0 What are the guidelines for sales tax? Sales tax applies in most cases. Make a notation for out-of-state vendors that do not charge sales tax. These sales need to be reported by Fiscal Services to the Franchise Tax Board. 13.0 What are the delivery instructions? Make sure complete shipping instructions are given when placing orders. Confirm with the merchant the correct department name and delivery location and make sure this information appears on all shipping documents. Deliveries shall be made to the cardholder’s place of employment or the district’s warehouse. Deliveries shall not be made to the cardholder’s place of residence. 14.0 What is the required receipt documentation? A signed credit card form and cash register receipt or invoice are required as the supporting documentation for a purchase. Both must be submitted with the monthly statement. If a merchant provides only a credit card form, the cardholder must attach a written explanation describing each item or service purchased. If the cash register receipt or invoice provides no detail or description of the purchase, the cardholder must contact the merchant to obtain a copy. 15.0 What if a receipt is not available? If receipts are unavailable, the cardholder must submit a Missing Receipt Form (Appendix E) with a written explanation describing the transaction in detail. The cardholder’s supervisor must review and sign the written explanation. 16.0 What if a receipt is lost? If the cash register receipt or the signed credit form is lost, the cardholder must first attempt to contact the merchant and obtain a copy of the documentation. If that is not possible, the cardholder must submit a Missing Receipt Form (Appendix E)describing the transaction in detail. The cardholder’s supervisor must review and sign the written explanation. 17.0 What if the card is lost or stolen? If the purchasing card is lost or stolen, immediately call VISA Bank Card Services using the number on the back of the card (1-800-VISA-911 or 1-800-847-2911). Keep a written record of this call, which includes the date, time and name of the person contacted at VISA. Notify your Department Head and call the Program Administrator as soon as possible. NOTE: Always keep the purchasing card in a secure location. It should only be accessible to the cardholder. 18.0 What if the cardholder leaves the Grossmont Union High School District or changes to another department? If the cardholder leaves district they must surrender the card, complete a Change/Cancellation Form to close the account, submit it to the Department Head for signature and forward it to the Purchasing Card Program Administrator for processing. If GUHSDPurchasing Card Program –Cardholder Policies and Procedures 14 Fiscal crisis & ManageMent assistance teaM 7799 APPENDDRICAEFST a cardholder transfers to another site or departments,and the Department Head approves them having a P-Card, theCardholder should keep their existing card and have their new Department Head complete and sign the Change/Cancellation Form (Appendix B) and send it to the Program Administrator. 19.0 How are statements reconciled? All transactions processed during a monthly cycle will be reflected on a monthly statement. Each cardholder will print their statement the end of the monthly cycle. During the cycle, cardholders are responsible for retaining the original copy of all transaction receipts. Cardholders are to review their transactions using the ControlPay website for accuracy, including transactions, amounts, and account numbers. If an account number for a purchase is incorrect, the cardholder is to reallocate the default account number and replace it with the desired account number. Once each transaction is properly allocated, the cardholder will check the “Reviewed” box, which will “lock” the information into the system. Original receipts must be stapled to the monthly statement along with any required written explanations. The monthly statement of account and attached receipts should then be forwarded to the Department Head for approval. Once the Department Head has approved the transactions, the Department Head will forward the statement and receipts to Fiscal Serviceswithin 7days from the date on the statement. Keep a record (duplicate copies) of all receipts, written explanations, statements and forms submitted. Each cardholder is responsible for keeping their own documentation and processing the statements for payment. In the absence of the cardholder, the supervisor is responsible for processing the payment. Each cardholder is responsible for informing the supervisor of the location where the receipts and documentation are kept. Fiscal Serviceswill expense charges to the cardholder’s department by using the account information listed on the monthly cardholder’s statement of account. Fiscal Services will review each monthly statement and, if an exception is identified, they will return a Notification of Exceptions report to the supervisor and cardholder for correction. The cardholder’s Department Head and the Purchasing Card Program Administrator will also be notified of the exceptions. Violations noted may lead to card revocation. 20.0 What if there is an incorrect billing? If you have a problem with billing, the Cardholder must try to reach a resolution with the providing merchant. The merchant should issue credit for a billing correction. This credit may not appear until the next monthly statement. Do not remove or cross outthe item on the current monthly statement or delay processing because of credits or disputes. If the dispute cannot be resolved, the Cardholder must complete a Cardholder Dispute Form (Appendix F) within 30 days of the date noted on the Statement that lists the disputed charge and forward the completed form to the Program Administrator. GUHSDPurchasing Card Program –Cardholder Policies and Procedures 15 El MontE Union HigH ScHool DiStrict 8800 DARPPAEFNTDICES 21.0 How are purchases returned? If a purchased item needs to be returned, follow the merchant’s return procedures. 22.0 Will using a purchasing card affect personal credit? Use of the purchasing card will nothave any impact on the cardholder’s personal credit. 23.0 What if I do not use the card? Card activity is reviewed periodically and a determination can be made by the Department Head and Purchasing Card Administrator as to whether or not a card should be canceled because of lack of use. 24.0 What transactions are unauthorized? Cards may not be used for excluded categories of goods and services as designated by the Program Administrator with the Department Head and Grossmont Union High School District’s policies and procedures (see Section 5.0 of Purchasing Card Policies). Use of the purchasing card is prohibited for cash advances, money orders, traveler’s checks and cashier checks. Purchases split to remain under the single transaction dollar amount are also unauthorized. The Program Administrator reviews detailed transaction reports of exceptions by cardholders. These reports list purchases that may have been split to avoid dollar control limits. 25.0 What would cause a card to be revoked? Failure to comply with the requirements of this User Manual may result in immediate revocation of procurement card privileges. These include, but are not limited to, any of the following:  Splitting of charges to avoid the single purchase dollar limit.  Loaning the card to another employee for use.  Allowing purchases to be signed for by anyone other than the cardholder except for delivery receipts by UPS, USPS, Federal Express, etc.  Failure to submit receipts for charges.  A personal purchase.  The monthly cardholder statement is submitted to Fiscal Services more than 7 days after the monthly statement date.  The attached receipts do not match the item descriptions or dollar amounts listed on the monthly statement of account. 26.0 What are the most common exceptions experienced by a cardholder? The most common exceptions to established policy requirements for supporting documentation are:  Monthly statement not submitted to Accounting within 7days (Procedure No. 19)  Missing description of goods or services purchased (Procedure No. 14)  Incomplete documentation from a restaurant (Procedure No. 15)  Missing receipt or suitable replacement for the receipt (Procedure No. 16)  Card used by another employee (Procedure No. 09)  Splitting of charges to avoid single purchase dollar limit (Procedure No. 25) GUHSDPurchasing Card Program –Cardholder Policies and Procedures 16 Fiscal crisis & ManageMent assistance teaM 8811 APPENDDRICAEFST 27.0 What actions will be taken if a card is subject to revocation? If reported violations warrant revocation of card privileges, the Procurement Card Program Administratorwill contact the cardholder’s Department Head. Information will be provided regarding exceptions to the established policy or requirements that justify the cancellation of the card. A written determination from the Department Head will be obtained and reviewed by the Program Administrator. If a determination is made that a card should be cancelled, the Cardholder will be notified that the card has been cancelled. The Cardholder must destroy the card by cutting it in half and return both halves to the Program Administrator. 28.0 What are my Supervisor’s Responsibilities? The successful use of a procurement card depends on both cardholders and Department Heads. The following are the Department Head’s responsibility: A. Review the monthly cardholder’s Summary of Corporate Purchasing (monthly statement), submitted by the cardholder with receipts, at theend of the payment cycle and in the online transaction review system to ensure that the proper account numbers are charged. Review procedures include the following:  Ensure that all purchases are an appropriate use of Grossmont Union High School Districtfunds.  Ensure that the purchasing card is not used to make personal purchases.  Ensure that only the cardholder uses the purchasing card.  Contact the cardholder to address and correct any questionable purchases/procedures.  Contact the Purchasing Card Program Administrator immediately if a noted violation requires revocation of the card. B. Approve the statement only after all the above actions have been taken. By signing and approving the monthly statement, the supervisor certifies the statement’s compliance to the established regulations and acceptance of administrative responsibility for the financial activity. C. Once approved, ensure the cardholder’s receipts are promptly forwarded to the Program Administrator. The receipts must be received by Fiscal Services within seven(7) days from the date of the statement. D. If the cardholder is absent, process their monthly statement for them, including the collection of all receipts, and forward to Fiscal Services. Indicate on the statement that the cardholder was not available for review. 29.0 Who should I call if I have questions or experience problems? The Purchasing Card Program Administrator GUHSDPurchasing Card Program –Cardholder Policies and Procedures 17 El MontE Union HigH ScHool DiStrict 8822 DARPPAEFNTDICES ACKNOWLEDGMENT FORM The P-Card manual describes important information about Grossmont Union High School District’s (“District”) purchasingcard program controls and processes required to manage the day-to-day operations of this purchasing option. The manual is intended to inform cardholders handling P-Card transactions about the formal policy guidelines, processes and responsibilities of the various participants. These policies ensure that P- card purchasing is consistent withthe District’sfiscal and internal control goals. Since the information, policies and procedures described in the manual are subject to change, I acknowledge that revisions to the P-Card manual may occur. All policy changes require the appropriate authorized approvals before they are implemented. I understand that revised information may supersede, modify, or eliminate existing policies. I acknowledge that I have received the P-Card manual, and I understand that it is my responsibility to read and comply with the policies and the Code of Conduct contained in the manual and any revisions and updates made to it. ___________________________ ________________________ CARDHOLDER'S SIGNATURE DATE ________________________________________ CARDHOLDER’S NAME (TYPED OR PRINTED) GUHSDPurchasing Card Program –Cardholder Policies and Procedures 18 Fiscal crisis & ManageMent assistance teaM 8833 APPENDDRICAEFST APPENDIX Purchasing Card Forms Cardholder Application Form--Form PC-01 A Cardholder Change Form --Form PC-02 B Purchasing Card Cardholder Agreement --Form PC-03 C Monthly Purchasing Card Log --Form PC-04 D Purchasing Card Missing Receipt Form --Form PC-05 E Cardholder Dispute Form --Form PC-06 F GUHSDPurchasing Card Program –Cardholder Policies and Procedures 19 El MontE Union HigH ScHool DiStrict 8844 DARPPAEFNTDICES AppendixA Grossmont Union High School District Procurement Card Cardholder Application Form ProcurementCard applicants need to acquire authorization from theirDepartment Supervisor to apply for the ProcurementCard. APPLICANT INFORMATION:(Please print clearly) Applicant’s Name __________________________________________________DOB______________ SDCOE ID No.____________ Location_____________ Phone Number_________________________ Location Address_____________________________________________________________________ Applicant’s E-Mail address______________________________________________________________ Applicant’s Signature_______________________________________________Date_______________ Approver Name______________________________________________________________________ Approver E-Mail address_______________________________________________________________ AUTHORIZING INFORMATION As the above named Applicant’s Department Supervisor, I hereby grant the above mentioned Applicant authorization to apply for, and use, theGrossmont Union High School District’s Procurement Card. I also agree to review and sign the monthly MasterCard Purchase Card statements issued to the above applicant. If the applicant’s employment with the District is terminated, I agree to notify the Program Card Administrator. Signature______________________________________________Date__________________ Default Budget Account Code _______________________________________________ Transaction Limit:____________ Daily Limit:____________ Monthly Limit:___________ Do Not Write Below This Line To be completed by Purchasing Card Administrator ______Information Verified Date________________ Initials____________ ______Entered in Commerce Bank Date________________ Initials____________ Form PC-01 Fiscal crisis & ManageMent assistance teaM 8855 APPENDDRICAEFST AppendixB Grossmont Union High School District Purchasing Card Change/Cancellation Form Cardholder’s Name: __________________________________________Date:______________ Department: ___________________________Last 4 Digits of Card Number: ______________ Cardto be: Changed Canceled Reason: ___________________________________ NAME CHANGE New Name: ____________________________________________________________________ Department Change New Department _________________________ New Budget String _______________________ ADDRESS CHANGE Old: New: _______________________________________________________________________________ (Street Address) (Street Address) _______________________________________________________________________________ (City, State, Zip) (City, State, Zip) _______________________________________________________________________________ (Business Phone) (Business Phone) CARD CONTROLS Card Usage Categories: Add Remove Vendor or Restriction ___________________________Reason______________________________ Credit Limits: Increase Decrease Reason ________________________________ Single Purchase $_______________ (Card Specific-not to exceed $500.00) Billing Cycle $_______________ (Card Specific. Departments not to exceed $5000.00) If Card Limit changes are temporary, indicate date original defaultsshould resume: ______________ (Cardholder Signature& Date) (Approving Official Signature& Date) Form PC-02 El MontE Union HigH ScHool DiStrict 8866 DARPPAEFNTDICES AppendixC Grossmont Union High School District Purchasing Card Cardholder Agreement I, ___________________________________,being a Permanent, full-time Grossmont Union High School District (“District”) employee, hereby acknowledge being issued a Purchasing Card. As the holder of the card, I agree to comply with the following terms and conditions regarding my use of the card. 1. I understand that I am being entrusted with a valuable tool -a Purchasing card -and will be making financial commitments on behalf of the District. 2. I understand that the District is liable to Commerce Bankfor all charges made on the card. 3. I agree to use this Card for approved purchases only and agree NOT TO CHARGE PERSONAL PURCHASES. I understand there will be audits on the use ofthis Card and any discrepancies will be addressed. A list of unauthorized uses is in Purchasing Card Program Cardholder Manual of Policies and Proceduresas item 5.2on page 7. 4. I will follow the established procedures for the use of the Card. Failure todo so shall result in either revocation of my use of privileges or other disciplinary actions, including discipline in accordance with Departmental and DistrictPersonnel Policy. Turning in the required receipts/paperwork on completion of each transactionis a mandatory step in the process so that theaccounts may be paid on time. 5. I have read the updated Purchasing Card Program Cardholder Manual of Policies and Procedures and understand the requirements for the Card’s use. The card does not supersedeanyDistrict Purchasing and Contract rules, which are already in place. Items on District Contractsmust still be purchased from the contract. 6. I agree to return the Card immediately upon request or upon termination of employment (including retirement). 7. Ifthe Card is lost or stolen; I agree to notify CommerceBankimmediately at 1-800-892-7104as well as theP-Card Program Administrator, Michele Andrews at 619-644-8058 or Ken Leighton at 619-644-8053. 8. I understand and will comply with the designated purchasing limits on the card.A purchase WILL NOT be split into multiple transactions to stay within the single purchase limit. 9. I understand that it is the Cardholder’s responsibility to dispute and/or follow-up on any erroneous charges, returns or adjustments and to ensure proper credit is applied on subsequent statements. Employee Signature Date AuthorizingSignature Date Printed Name Printed Name and Title Department/Location Form PC-03 Fiscal crisis & ManageMent assistance teaM 8877 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict DxidneppA tcirtsiD loohcS hgiH noinU tnomssorG goL noitcasnarT draC gnisahcruP __________ hguorht __________ :doirep roF ____________:# draC fo 4 tsaL________________________________ :noitacoL/tpeD_________________________________________ :emaN etaD etaD :ot esnepxE tmA $ esopruP & desahcruP smetI rodneV devieceR deredrO latoT erutangiS gnizirohtuA erutangiS redlohdraC etaD etaD 40-CP mroF 8888 DARPPAEFNTDICES AppendixE Grossmont Union High School District Purchasing Card Missing Receipt Form I, , have _____not received (check one) _____ have misplaced a Purchasing Card receipt, (i.e., merchant sales slip). This form is submitted in lieu of theoriginal receipt: Cardholder Name: Card Number: Department: Date of Transaction: Vendor Name: # Item Purchased and Purpose Quantity Unit Price Amount 1 2 3 4 5 6 7 8 9 10 Total $ I certify that the amounts shown above were expended for GUHSDbusiness purposes: Cardholder signature: Date: Supervisor/Director Signature: Date: One form must be filled out for EACHmissing receipt. Submit this form with yourother receipts and your transaction log. Form PC-05 Fiscal crisis & ManageMent assistance teaM 8899 APPENDDRICAEFST AppendixF Grossmont Union High School District Purchasing Card Cardholder Dispute Form NAME: ________________________________________VISAACCT # ___________________________________ MERCHANT NAME: _______________________________________ AMOUNT: ____________________ TRANSACTION DATE: ___________________________ POST DATE: ___________________________ Dear Cardholder, This form has been forwarded to you for your convenience. If you need additional space please use the reverse side. Regulations regarding your dispute require that you notify us in writing within 60 days of your receipt ofthe statement reflecting the disputed charge. You are not required to use this form;you may write us a separateletter. Attempts should be made with merchant to resolve the dispute before notifying your credit card company.Any response received after the above mentioned time frame may result in our inability to assist you with yourdispute. Please fax your dispute notification toyour Program Administrator;1-619-460-0334. CHECK& COMPLETE THE ONE THAT BEST DESCRIBES YOUR DISPUTE & PROVIDE ALL REQUESTED DOCUMENTATION A.  I have been billed more than once for the same transaction. I authorized only one charge with thismerchant for $________. My card was in my possession at the time of the disputed billing. B.  I have been charged for a purchase that was paid for by other means. (Other credit card, Check, Etc.)Enclose copy of other method of payment that verifies purchase was paid for by other means. C.  I have been billed for the wrong amount on my account. My credit card receipt shows $__________.However, I was billed $__________. Enclose a copy of receipt showing correct amount. D.  I did not authorize this charge. E.  Merchant was to issue credit for goods returned on ____________.This credit has not posted to myaccount. Enclose copy of credit receipt received from merchant / or copy of returned mail receipt. F.  I have not received the Services/Merchandise I ordered. The Service/Delivery date was____________.Explain all details,including your attempt to resolve with the merchant. G.  I attempted to return merchandise but the merchant refuses to accept it. Explain reason for return,give Merchant’s response & provide copy of original return mail receipt. H.  I Canceled Service, Airline ticket, Hotel reservation, on _____________. Cancellation #___________ I.  I have contacted the merchant to resolve my dispute about the quality of services or goods and am stillnot satisfied. Describe dispute fully, in detail. Include all documentation that supports your claim. J.  I have resolved my dispute with the merchant. Explanations: CARDHOLDER SIGNATURE DATE Form PC-06 El MontE Union HigH ScHool DiStrict 9900 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 9911 APPENDDRICAEFST Appendix B: Sample Contractor Determination Sheet INDEPENDENT CONTRACTOR DETERMINATION IRS GUIDELINES Use the following checklist to define the role of independent contractor vs. employee. The person must past this test in order to comply with IRS regulations governing independent contracts. (Attach to Agreement.) PART I Yes No 1. Has this category of worker already been classified an "employee" by the IRS? administrators individuals "filling in" psychologists ASB workers on an individual basis school bus drivers athletic coaches intern psychologists specialty teachers cafeteria workers librarians substitutes clerical staff nurses teachers/instructors counselors proctors tutors examination monitors 2. Is this individual working as an employee prescribed by the Education Code? Education Code Sections 45100-45451 define what constitutes the classified service. Education Code Sections 44800-45060 define the certificated service. The IRS predisposes an employer/employee relationship when state law mandates such a relationship. 3. Is the individual already an employee of the district in another capacity? 4. Has the individual performed substantially the same services for the district as an employee in the past? 5. Are there currently employees of the district doing substantially the same services as will be required of this individual? 6. Does the district have the legal right to control the method of performance by this individual? Consider whether the District will train the individual or give instruction as to when, where, how, and in what order the work will be performed. 7. Does the District require the individual to submit reports on the details of their work or work at a particular site? These factors indicate the District maintains control sufficient for an employer/employee relationship. However, it is not necessary that the District exercise this right, or have the expertise required to do so. If the answer to any of the above questions is"YES" ---STOP HERE !!! Do not complete the rest of the questions. The individual is a district employee and must be paid and reported accordingly. Call Human Resources for further details. 8. Will all the work be performed by this individual? Consider whether or not the individual may designate someone else to do the work without the District’s knowledge or approval. 9. Does the district have a continuing relationship with this individual? Is this a “one shot” assignment, or will the District continue to use this individual in the future? This could beon an infrequent or irregular basis, but a continuous relationship exists. 10.Can this relationship be terminated without the consent of both parties? El MontE Union HigH ScHool DiStrict 9922 DARPPAEFNTDICES Yes No If the answer to the question 8, 9, or 10 is "YES", there is a good possibility that anemployment relationship exists. Questions 8 & 9 are indicators of district control that in Conjunction with other factors imply an employment relationship. 11.Does the individual operate an independent trade or business that is available to the general public? A determining factor in judging independence is the performance of services to the general public. In evaluating this criteria, the District is considered to be a separate entity. Keep in mind: if the District is using this individual’s services ona full-time basis, the individual is not available to the general public. 12.Does the individual have a substantial investment in his/her business, i.e. maintains a facility, equipment, etc.? This is indicative of economic risk inherent in business enterprises. An independent contractor must be able to make a profit or sustain a loss. If either 11 or 12 are "NO",the individual is a district employee STOP HERE and process the individual through Human Resources and payroll. If 11 and 12 are both "YES", continue… 13.Does the individual provide all materials and support services necessary for the performance of this service? The District should not be providing office space on a regular basis, clerical, secretarial, or other support for the individualsuch as materials, copying, printing, office supplies, etc. Any necessary assistance should be provided by the individual. 14. Is this individual paid by the job or upon completion and acceptance of the work as a whole or milestones identified in the contract? 15.Does the individual bear the cost of any travel and business expenses incurred to perform this service? Generally the individual will pay the cost of any travel and business expenses incurred to perform the work. However, some agreements may be made to provide for payment of airfare, mileage, etc. for consultants. If 11 and 12 are "YES",13 through 15 should also be"YES"and are items that should be written into the Independent Contract. This individual is an Independent Contractor.A"YES"on questions 13 through 15 supports the district's conclusion and substantiates a "reasonable basis" for treatment as independent contractor. While there is circumstances where the district may pay contractually provided expenses, these should be kept at a minimum to avoid giving the impression of an employment relationship. By signing below, Contractor and District Representative certify that they have reviewed District guidelines and that the information is true and correct. Contractor Signature ___________________________________ Date ________________________ District Representative __________________________________ Date ________________________ Fiscal crisis & ManageMent assistance teaM 9933 APPENDDRICAEFST Appendix C: Sample Administrative Regulations California Uniform Public Construction Cost Accounting Act SAMPLE DOCUMENTS 2015 Compiledby Guiselle Carreon, Commissioner California Uniform Construction Cost Accounting Commission El MontE Union HigH ScHool DiStrict 9944 DARPPAEFNTDICES DISCLAIMER This handout has been prepared by the San Diego-Imperial Section CASBO Purchasing Professional Council. It has not been reviewed for approval by the State CASBO and is not an official statement of CASBO. Any advice or comments made by the panel members are not intended to replace the advice of your legal counsel. Fiscal crisis & ManageMent assistance teaM 9955 APPENDDRICAEFST Sample Documents: The sample documents below are provided for general information purposes only. Your use of any of these sample documents is at your own risk, and you should not use any of these sample documents without first seeking legal and/or other professional advice. El MontE Union HigH ScHool DiStrict 9966 DARPPAEFNTDICES CONTENTS Sample Board Agenda Item........................................................................................................1 Sample Resolution......................................................................................................................2 Sample Board Policy...................................................................................................................3 Sample Administrative Regulation 3311......................................................................................5 Sample Delegation of Authority for Emergency Projects...........................................................13 Sample Advertisement..............................................................................................................16 Sample Contractor Registration Form.......................................................................................17 Sample Request for Proposals..................................................................................................18 Sample Force Account Worksheet............................................................................................19 Frequently Asked Questions ....................................................................................................20 Fiscal crisis & ManageMent assistance teaM 9977 APPENDDRICAEFST ________________________________________ SCHOOL DISTRICT Business Services Division Regular Governing Board Meeting: April 29, 2004 Topic: Adoption of Resolution (_____________) Issue: Public projects contracts that exceed $15,000 in cost have traditionally been awarded by the District through the formal bidding process as outlined in Public Contract Code Section 20111. However, another option exists for award of public projects by public agencies for expenditures up to $175,000. Public Contract Code Section 22001 provides for the development of cost accounting standards and an alternative method for the bidding of public projects by public entities. This alternative method is known as the “Uniform Public Construction Cost Accounting Act”. The only contracts that can be awarded under this Act are public projects and not maintenance work, as defined in Public Contract Code Section 22002. Plan: The adoption of resolution (__________) will provide the necessary authorization for the District to notify the State Controller’s Office of the District’s intent to participate and to enact an informal bidding policyto govern the selection of contractors to perform public projects. Fiscal Impact: There is no impact to the general fund in adopting this resolution. Recommended Action: Adoption of Resolution (_____) Authorizing Election Under Public Contract Code Section 22030 To Become Subject To Uniform Public Construction Cost Accounting Procedures; and Authorization for Superintendent or Designee to Execute Same Originating Department: Purchasing ______________________________________ ___________________________________ 1 El MontE Union HigH ScHool DiStrict 9988 DARPPAEFNTDICES ______________________________ SCHOOL DISTRICT Resolution No. _________________ RESOLUTION AUTHORIZING ELECTION UNDER ) PUBLIC CONTRACT CODE SECTION 22030 ) TO BECOME SUBJECT TO UNIFORM PUBLIC ) CONSTRUCTION COST ACCOUNTING PROCEDURES ) ON MOTION OF Member_____________________,seconded by Member_________________, the following resolution is adopted: WHEREAS, prior to the passage of Assembly Bill No. 1666, Chap. 1054, Stats. 1983, which added Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the Public Contract Code, existing law did not provide a uniform cost accounting standard for construction work performed or contracted by local public agencies; and WHEREAS, Public Contract Code Section 22000 et seq., the Uniform Public Construction Cost Accounting Act, establishes such a uniform cost accounting standard; and WHEREAS, the Commission established under the Act has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of or in the contracting for construction of public projects; and WHEREAS, the ________________________________________ School District desires to elect and become subject to Uniform Public Construction Cost Accounting Procedures for the purpose of awarding public project contracts as appropriate under these procedures; and WHEREAS, the ________________________________________ School District finds that utilizing the procedures outlined by the Uniform Public Construction Cost Accounting Act may save administrative time and expense and will be in the best interest of the District; and NOW THEREFORE BE IT RESOLVED, ORDERED, AND DECLAREDthat this Board finds that utilizing the procedures outlined by the Uniform Public Construction Cost Accounting Act may save administrative time and expense and will be in the best interest of the District; and BE IT FURTHER RESOLVED, ORDERED, AND DECLARED that the Governing Board of the ________________________________________School District hereby elects under Public Contract Code Section 22030 to become subject to the uniform public construction cost accounting procedures set forth in the Act and to the Commission’s policies and procedures manual and cost accounting review procedures, as they may each from time to time be amended, and directs that the Assistant Superintendent, Business Services, and the Director, Purchasing, notify the State Controller forthwith of this election. PASSED AND ADOPTEDby the Governing Board ofthe ________________________________________ School District at El Cajon, California, on this ______day of ____________,_____________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) I, ____________________________ Clerk of the Governing Board of the ________________________________________School District of ____________, California, do hereby certify that the foregoing is a full, true and correctcopy of a resolution adopted by said Board at the regular meeting thereof at the time and place of vote stated, which resolution is on file and of record in the office of said Board. ___________________________________________ ___________________________________ Date Clerk 2 Fiscal crisis & ManageMent assistance teaM 9999 APPENDDRICAEFST BOARD POLICY BP 3300 Note: Education Code 17605 authorizes the Board to adopt a rule delegating authority to purchase services and materials and prescribing time, money, and subject matter limits to this authority. The amount delegated may not be in excess of the amount specified in Public Contract Code 20111and 22000 et seq. Pursuant to SB 429(Ch. 897, Statutes of 1995), these limits are currently $45,000 for facilities projects and $50,000 for other expenditures. The amount shall escalate automatically based upon the annual adjustment by the Superintendent of Public Instruction. Expenditures over these amounts must be competitively bid; see 3311 - Bids. The district may revise the following paragraph to specify financial limits equal to or lower than amounts specified in law, and to specify time limits as desired. The Superintendent or designee may purchase supplies, materials, equipment, and services up to the amounts specified in Public Contract Code 20111 and/or 22000 et seq., beyond which a competitive bidding process is required. (cf. 3310-Purchasing Procedures) (cf. 3311-Bids) (cf. 3312-Contracts) The Superintendent or designee may authorize an expenditure which exceeds the budget classification allowance against which the expenditure is the proper charge only if an amount sufficient to cover the purchase is available in the budget for transfer by the Governing Board. (cf. 3100-Budget) (cf. 3110-Transfer of Funds) All transactions entered into by the Superintendent or designee on behalf of the Board shall be reviewed by the Board every 60 days. (Education Code 17605) No district funds shall be expended for the purchase of alcoholic beverages. (Education Code 32435) The Board shall not recognize obligations incurred contrary to Board policy and administrative regulations. Note: Education Code 17605states that the district officer invested by the Board with the power to contract is personally liable for all district funds paid out as a result of malfeasance of office. Legal Reference: EDUCATION CODE 17604Delegation of powers to agents; liability of agents 17605Delegation of authority to purchase supplies and equipment 3 El MontE Union HigH ScHool DiStrict 110000 DARPPAEFNTDICES 32435Prohibited use of public funds 35010Control of district; prescription and enforcement of rules 35035Powers and duties of superintendent 35272Educational and athletic materials 38083Purchase of perishable foodstuffs and seasonal commodities 41010Accounting system 41014Requirement of budgetary accounting PUBLIC CONTRACT CODE 20111Contracts over $50,000; contracts for construction; award to lowest responsible bidder Policy ________________________________________SCHOOL DISTRICT Adopted: _______________,___________, ____________, California Revised: 4 Fiscal crisis & ManageMent assistance teaM 110011 APPENDDRICAEFST MODIFIED FOR A CUPCCAA DISTRICT __________________ SCHOOL DISTRICT Administrative Regulation AR 3311 Business and Noninstructional Operations Public Works Bids The district has adopted the California Uniform Public Construction Cost Account Act procedures under Public Contract Code 22000 et. seq. Informal Bids: Public projects, as defined by the Act and in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code. Contractors List: A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code. All contractors on the list for the category of work being bid shall be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is proprietary and/or district shall send a notice inviting informal bids to all construction trade journals specified in Section 22036. Competitive Bidding The district shall seek competitive bids through advertisement for contracts involving an expenditure of greater than $175,000 for a public project, informally bid contracts involving an expenditure of less than $175,000, and seek quotes, when feasible, for projects involving an expenditure of $45,000 or less. "Public project" includes construction, reconstruction, erection, alteration, renovation, improvement, painting, repainting, demolition and repair work involving a district owned, leased or operated facility. (Public Contract Code 22002) Competitive bids shall be sought through advertisement for contracts exceeding $50,000 as adjusted annually by the State Superintendent of Public Instruction, for the following: (Public Contract Code 20111; Government Code 53060). The amount by which contracts shall be competitively bid shall escalate automatically based upon the annual adjustment by the Superintendent of Public Instruction. 1. The purchase of equipment, material or supplies to be furnished, sold or leased to the district 2. Services, not including construction services, or special services and advice such as accounting, financial, legal or administrative matters 3. Repairs, including maintenance that is not a public project 5 El MontE Union HigH ScHool DiStrict 110022 DARPPAEFNTDICES "Maintenance" means routine, recurring and usual work for preserving, protecting and keeping a district facility operating in a safe, efficient and continually usable condition for the intended purpose for which it was designed, improved, constructed, altered or repaired. "Maintenance" includes, but is not limited to, carpentry, electrical, plumbing, glazing and other craft work designed to preserve the facility as well as repairs, cleaning and other operations on machinery and other permanently attached equipment. This definition does not include, among other types of work, janitorial or custodial services and protection provided by security forces, nor does it include painting, repainting or decorating other than touchup. (Public Contract Code 20115). Unless otherwise authorized by law, contracts shall be let to the lowest responsible bidder who shall give such security as the Governing Board requires, or else all bids shall be rejected. (Public Contract Code 20111) When letting a contract for the procurement and/or maintenance of electronic data processing systems and supporting software, the Board may contract with any one of the three lowest responsible bidders. (Public Contract Code 20118.1) The Board shall secure bids pursuant to Public Contract Code 20111 and 20112 for any transportation service expenditure of more than $10,000 when contemplating that such a contract may be made with a person or corporation other than a common carrier, municipally owned transit system or a parent/guardian of students who are to be transported. The Board may let this contract to other than the lowest bidder. (Education Code 39802) No work, project, service or purchase shall be split or separated into smaller work orders or projects for the purpose of evading the legal requirements of Public Contract Code 20111- 20118.4 for contracting after competitive bidding. (Public Contract Code 20116) Instructions and Procedures for Advertised Bids The Superintendent or designee shall call for bids by advertising in a local newspaper of general circulation published in the district, circulated in the county, or if no such paper exists then in some newspaper of general circulation, at least once a week for two weeks. The notice shall state the work to be done or materials or supplies to be furnished and the time and place where bids will be opened. (Public Contract Code 20112) The notice shall contain the time, date and location of any mandatory prebid conference, site visit or meeting. The notice shall also detail when and where project documents, including final plan and specifications, are available. Any such mandatory visit or meeting shall not occur within a minimum of five calendar days of the publication of the initial notice. (Public Contract Code 6610) Bid instructions and specifications shall include the following requirements and information: 1. Recycled Content and Recycled Products (Public Contract Code 22150 et seq.) a. All bidders, including bidders for printing contracts, shall specify the minimum, if not exact, percentage of recycled product in the paper products offered, and both the postconsumer and secondary waste content. 6 Fiscal crisis & ManageMent assistance teaM 110033 APPENDDRICAEFST b. Fitness and quality being equal, the District shall purchase recycled products whenever available at no more than the total cost of non-recycled products. 1. All informal and formal bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder's security: (Public Contract Code 20107, 20111) a. Cash b. A cashier's check made payable to the district c. A certified check made payable to the district d. A bidder's bond executed by an admitted surety insurer and made payable to the district The security of unsuccessful bidders shall be returned in a reasonable period of time, in no event any later than 60 days after the bid is awarded. (Public Contract Code 20111) 1. Bids shall not be accepted after the advertised bid opening time, regardless of whether the bids are actually opened at that time. (Public Contract Code 20112) 2. When two or more identical lowest or highest bids are received, the Board may determine by lot which bid shall be accepted. (Public Contract Code 20117) 3. If the district requires that the bid include prices for items that may be added to or deducted from the scope of work in the contract, depending on the availability of funds, the bid solicitation shall specify which one of the following methods will be used to determine the lowest bid. In the absence of such a specification, only the method provided in item #a, below, will be used: (Public Contract Code 20103.8) a. The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items. b. The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price. c. The lowest bid shall the lowest total of the bid prices on the base contract and those additive or deductive items taken in order from a specifically identified list of those items, depending on available funds as identified in the solicitation. d. The lowest bid shall be determined in a manner that prevents any information that would identify any of the bidders from being revealed to the public entity before the ranking of all biddersfrom lowest to highest has been determined. 1. Any subsequent change or alteration of a contract shall be governed by the provisions of Public Contract Code 20118.4. 2. After being opened, all submitted bids become public records pursuant to Government Code 6252 and shall be made available for review pursuant to law, Board policy, and administrative regulation. (cf. 1340 -Access to District Records) 7 El MontE Union HigH ScHool DiStrict 110044 DARPPAEFNTDICES Bids Not Required Upon a determination that it is in the best interest of the district, the Board may authorize the purchase, lease or contract for data-processing equipment, purchase materials, supplies, equipment, automotive vehicles, tractors and other personal property through a public corporation or agency ("piggyback") without advertising for bids. (Public Contract Code 20118) (cf. 3310 -Purchasing Procedures) Supplementary textbooks, library books, educational films, audiovisual materials, test materials, workbooks, instructional computer software packages, or periodicals may be purchased in any amount without taking estimates or advertising for bids. (Public Contract Code 20118.3) (cf. 3551 -Food Service Operations/Cafeteria Fund) In cases of emergency when repair or replacements are necessary, the governing body may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the governing body, by contractor, or by a combination of the two. (b) In case of an emergency, if notice for bids to let contracts will not be given, the public agency shall comply with Chapter 2.5 (commencing with Section 22050). (PCC 22035) In cases of emergency when repair or replacements are necessary, the governing board may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the governing board, by contractor, or by a combination of the two. By a four-fifths vote of the governing board, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. By a four-fifths vote of the governing board, the authority to enter emergency contracts may be delegated as long as the designee takes the action to the governing board within 7 days or at its next regularly scheduled meeting which shall be no more than 14 days after the action was taken. The designee must report at each following meeting until the action is terminated (contract completed). Code is in conflict with boards that meet on a monthly basis. (PCC 22050) (cf. 9323.2 -Actions by the Board) Bids shall also not be required for day labor under circumstances specified in law. Day labor shall include the use of maintenance personnel employed on a permanent or temporary basis. (Public Contract Code 20114) 8 Fiscal crisis & ManageMent assistance teaM 110055 APPENDDRICAEFST Public projects of $45,000 or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order. (Public Contract Code 22032) 1. School building repairs, alterations, additions 2. Painting, repainting or decorating of school buildings 3. Repair or building of apparatus or equipment 4. Improvements on school grounds 5. Maintenance work as defined above Sole Sourcing Brand Names Specifications for contracts for construction, alteration or repair of school facilities may not limit bidding to any one product or supplier. Specifications designating a particular brand name shall list at least two brands of comparable quality or utility and follow the description with the words “or equal.” (Public Contract Code 3400) Specifications for contracts may designate a product by brand or trade name when one or more of the following conditions apply: (Public Contract Code 3400) 1. In order that a field test or experiment may be made to determine the product's suitability for future use. 2. In order to match other products in use on a particular public improvement either completed or in the course of completion. 3. In order to obtain a necessary item that is only available from one source. 4. (A) In order to respond to an emergency declared by a local agency, but only if the declaration is approved by a four-fifths vote of the governing board of the local agency issuing the invitation for bid or request for proposals. (B) In order to respond to an emergency declared by the state, a state agency, or political subdivision of the state, but only if the facts setting forth the reasons for the finding of the emergency are contained in the public records of the authority issuing the invitation for bid or request for proposals. If the district specifies a brand name for a designated material, product, thing, or service by the specification shall be followed by the words "or equal" so that bidders may furnish any equal material, product, thing, or service. In applying this section, the District shall, if aware of an equal product manufactured in this state, name that product in the specification. Specifications shall provide a period of time prior to or after, or prior to and after, the award of the contract for submission of data substantiating a request for a substitution of "an equal" item. If no time period is specified, data may be submitted any time within 35 days after the award of the contract. Prequalification Procedure For any contract for which bids are legally required, the Board may require that each prospective bidder complete and submit a standardized questionnaire and financial statement. For this purpose, the Superintendent or designee shall supply a form which requires a complete statement of the bidder's financial ability and experience in performing public works. Prospective bidders shall submit the questionnaire and financial statement at least five days before the date fixed for public opening of sealed bids. The information shall be verified under oath in the manner in which civil law pleadings are verified. The questionnaires and financial statements shall not be public records and shall not be open to public inspection. (Public Contract Code 20111.5)The Superintendent or designee shall establish a uniform system for rating bidders on 9 El MontE Union HigH ScHool DiStrict 110066 DARPPAEFNTDICES the basis of completedquestionnaires and financial statements in order to determine the size of contracts on which each bidder is qualified to bid. Bidders must be deemed prequalified by the district at least one day before the fixed bid-opening date. (Public Contract Code 20111.5) The Superintendent or designee shall furnish each qualified bidder with a standardized proposal form. Bids not presented on the standard form shall be disregarded. (Public Contract Code 20111.5) The district may establish a procedure for prequalifying bidders on a quarterly basis and may authorize that prequalification be considered valid for up to one calendar year following the date of the initial prequalification. (Public Contract Code 20111.5) For any contract awarded after January 1, 2014, using funds from the Leroy F. Greene School Facilities Act of 1998 or from any future state school bond if the project has projected expenditures of one million dollars or more, the District must prequalify all bidders. (Public Contract Code 20111.6) The District shall comply with all requirements of the PCC 20111.6 until it’s expiration on January 1, 2019. Appeal Procedures Contractors will be allowed to appeal a negative pre-qualification determination in accordance with California Public Contract Code §20101.d. There is no appeal from a refusal for an incomplete or late application. Without a timely appeal, the Contractor waives any and all rights to challenge the decision of the District, whether by administrative process, judicial process or any other legal process or proceeding. In conjunction with this Pre-Qualification Policy, the District hereby establishes a Bidder Pre- Qualification Appeals Panel (“Appeals Panel”), consisting of the following three members, or their designee(s): Two representatives of the district. A member of an outside agency. The sole issue before the Appeals Panel shall be the scoring of a Contractor. The decision of the Appeals Panel shall be the District’s final administrative decision. The date for submission and opening of bids for a specific project will not be delayed or postponed to allow for completion of an appeal process. Process: 1. Prior to disqualifying a contractor, the District shall serve written notice on the contractor: a. Setting forth the reasons for the disqualification. b. Indicating that the contractor will be afforded an opportunity to appeal the disqualification as outlinedbelow. Effective notice shall be accomplished by certified mail, return receipt requested, to the last known address of the contractor, or the contractor's agent for service of process, or any of its principal officers, partners, owners or affiliated. 10 Fiscal crisis & ManageMent assistance teaM 110077 APPENDDRICAEFST 1. The contractor shall submit his appeal in writing with the Executive Director Facilities Management no later than 4:00 p.m. of the FIFTH business day following the day on which the notice of rejection was mailed to the contractor. 2. The District shall act upon properly filed requests within ten calendar days from the date of receipt of such request. If, after review, the District again rejects the contractor's application, the contractor may request an administrative hearing with the panel. 3. At the hearing, the contractor may present oral testimony concerning the contractor's capability and responsibility. The District shall notify the contractor of his decision within five business days following the hearing. The decision of the panel is final. 4. A contractor,who is denied prequalification, shall be disqualified in the same type of workor category of value for a period of one year thereafter. Protests by Bidders A bidder may protest a bid award if he/she believes that the award was inconsistent with Board policy or the bid’s specifications or was not in compliance with law. A protest must be filed in writing with the Superintendent or designee within five working days after receipt of notification of the contract award. The bidder shall submit all documents supporting or justifying the protest. A bidder’s failure to timely file a protest shall constitute a waiver of his/her right to protest the award of the contract. Any bidder submitting a Bid Proposal may file a protest of the District’s intent to award the Contract provided that each and all of the following conditions are met: 1. The protest must be submitted in writing to the District (e-mail is not acceptable), before 4 p.m. of the FIFTH business day following bid opening. 2. The initial protest document must contain a complete statement of any and all bases for the protest, including without limitation all facts, supporting documentation, legal authorities and argument in support of the grounds for the bid protest; any matters not set forth in the written bid protest shall be deemed waived. All factual contentions must be supported by competent, admissible and creditable evidence 3. The protest must refer to the specific portions of all documents which form the bases for the protest. 4. The protest must include the name, address and telephone number of the person representing the protesting party. 5. Any bid protest not conforming to the foregoing shall be rejected by the District as invalid. Provided that a bid protest is filed in strict conformity with the foregoing, the District’s Deputy Superintendent, Business Services, or such individual(s) as may be designated by him/her, shall review and evaluate the basis of the bid protest. Either the District’s Deputy Superintendent, Business Services or other individual designated by him/her shall provide the bidder submitting the bid protest with a written statement concurring with or denying the bid protest. The District’s Governing Board will render a final determination and disposition of a bid protest by taking action to adopt, modify or reject the disposition of a bid award as reflected in the written statement of the Deputy Superintendent, Business Services or his/her designee. Action by the District’s Governing Board relative to a bid award shall be final and not subject to appeal or reconsideration by the District, any employee or officer of the District or the District’s Governing Board. The rendition of a written statement by the Deputy Superintendent, Business Services (or his/her designee) and action by the District’s Governing Board to adopt, modify or reject the disposition of the bid award reflected in such written statement shall be express conditions precedent to the institution of any legal or 11 El MontE Union HigH ScHool DiStrict 110088 DARPPAEFNTDICES equitable proceedings relative to the bidding process, the District’s intent to award the Contract, the District’s disposition of any bid protest or the District’s decision to reject all Bid Proposals. 6. The procedure and time limits set forth in this paragraph are mandatory and are the Bidder's sole and exclusive remedy in the event of bid protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. Regulation ___________________SCHOOL DISTRICT Approved: ____________, 20__,______________, California Revised: 12 Fiscal crisis & ManageMent assistance teaM 110099 APPENDDRICAEFST ________________________________________SCHOOL DISTRICT Business Services Division Regular Governing Board Meeting February 9, 2012 SUPPORTS DISTRICT’S GOAL #II.A Topic: Delegation of Authority in Regard to Awarding of Emergency Contracts. Issue: Pursuant to Public Contract Code Section 22050 (b) (1) the governing body, by a four-fifths vote, may delegate, by resolution or ordinance, to the appropriate county administrative officer, city manager, chief engineer, or other nonelected agency officer, the authority to order any action to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts provided that the designee complies with the conditions set forth in the code. Plan: The adoption of resolution (_________ ) will authorize the Superintendent and/or the Deputy Superintendent of Business Services to award an emergency contract for public works as outlined in the attached resolution. Fiscal Impact: There is no fiscal impact generated from the adoption of thisresolution. Recommended Action: Adoption of Resolution (________) Delegating Authority to the Superintendent and/or _______________Superintendent of Business Services to Award Emergency Contracts ____________________________________________________________________________ Originating Department: Purchasing Submitted/Recommended By: Approved for Submission to the Governing Board: _____________________________ _________________________________________ (insert name) (insert name) _____________Superintendent, Superintendent Business Services 13 El MontE Union HigH ScHool DiStrict 111100 DARPPAEFNTDICES ________________________________________SCHOOL DISTRICT Resolution No. _______________ DELEGATION OF AUTHORITY IN REGARD ) TO AWARDING OF EMERGENCY CONTRACTS ) On motion of Member ____________, seconded by Member ____________, the following resolution is adopted: WHEREAS, pursuant to Public Contract Code Section 22050 et. seq. the governing body, by a four-fifths vote, may delegate, by resolution or ordinance, to the appropriate county administrative officer, city manager, chief engineer, or other nonelected agency officer, the authority to order any action to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts provided that the designee complies with the conditions set forth in the code; and WHEREAS, Public Contract Code Section 20112 requires the Board to advertise for bids for public projects by publishing a notice calling for bids at least once a week for two consecutive weeks in a newspaper of general circulation published within the District; and WHEREAS, from time to time emergencies arise necessitating awarding of a contract without competitive bidding to permit the continuance of existing school classes or to avoid danger to life or property; and WHEREAS, the Board desires to delegate to District staff certain authority in regard to contractingfor emergency public works projects. NOW, THEREFORE,the Board does hereby determine, resolve, and order as follows: Section 1. The foregoing recitals are true and correct. Section 2. The Board hereby delegates the authority and discretion to the Superintendent and/or the Deputy Superintendent of Business Services to award emergency contracts for public works without competitive bidding. Section 3. If a person with authority delegated pursuant to paragraph (1) or (2) orders any actionspecified in paragraph (1) of subdivision (a), that person shall report to the governing body, at its next meeting required pursuant to this section, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. Section 4. If a person with authority delegated pursuant to subdivision (b) orders any action specified in paragraph (1) of subdivision (a), the governing body shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless a person with authority delegated pursuant to subdivision (b) has terminated that action prior to the governing body reviewing the emergency action and making a determination pursuant to this subdivision. If the governing body meets weekly, it may, 14 Fiscal crisis & ManageMent assistance teaM 111111 APPENDDRICAEFST after the initial review, review the emergency action in accordance with this paragraph every 14 days. Section 5. When the governing body reviews the emergency action pursuant to paragraph (1) or (2), it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts. Section 6. This Resolution shall take effect immediately and shall remain in effect until rescinded by the Board. PASSED AND ADOPTED by the Governing Board of the ________________________________________ School District at ______________, California, on this _____day of _______________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) I, Priscilla Schreiber, Clerk of the Governing Board of the ________________________________________ School District of El Cajon, California, do hereby certify that the foregoing is a full, true and correct copy of a resolution adopted by said Board at the regular meeting thereof at the time and place of vote stated, which resolution is on file and of record in the office of said Board. _________________________________ ___________________________________ Date 15 El MontE Union HigH ScHool DiStrict 111122 DARPPAEFNTDICES NOTICE TO CONTRACTORS TO BE INCLUDED ON THE DISTRICT'S LIST OF QUALIFIED CONTRACTORS PER SECTION 22034OF THE PUBLIC CONTRACT CODE PREQUALIFICATION OF GENERAL AND MEP CONTRACTORS The _________________ School District has elected to become subject to the California Uniform Public Construction Cost Accounting Procedures. The District is inviting all licensed contractors to submit information for inclusion on the District's list of “qualified” bidders for the ________calendar year. This notice requires contractors to provide the following information. Registration forms are available at (insertURL) 1) Company name 2) Contact name and mailing address 3) Contact phone number, fax number, and email address 4) Type of work contractor is interested in performing 5) Type of work contractor is licensed to perform 6) Contractor's license class and number NOTE: Registering with a district does not satisfy the prequalification requirements under PCC 20111.6 or the Department of Industrial Relations registration requirements under Labor Code 1725.5. (Optional Language) Prequalification: In addition to registering with the District, all General Contractors (A and B), Mechanical, Electrical and Plumbing Contractors (C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43, and C-46) need to complete the prequalification application in order to be eligible to work on projects in excess of $1 million dollars. Effective December 1, 2013, the link for the application may be found at the above mentioned web address. The _____________________ may create a new contractors list effective January 1st of each year and may include any contractor's name it desires on the contractors list, but shall include, at a minimum, all contractors who have properly provided the School District with the required information, either during the calendar year in which the list is valid or during November or December of the prior year. (Optional Language) The list will automatically include all contractors who submitted one or more bids to theSchool District during the preceding calendar year. A contractor may have their firm added to the School District's contractors list at any time by providing the required information. For information, call _____________________. Information should be sent to: Name & Address Fax: E-mail: Dated this ____________________ Clerk of the Governing Board _________________________ District, of San Diego County, California 16 Fiscal crisis & ManageMent assistance teaM 111133 APPENDDRICAEFST CONTRACTOR REGISTRATION APPLICATION California Uniform Public Construction Cost Accounting Act The ____________________________ District has elected to become subject to the California Uniform Public Construction Cost Accounting Procedures. The District is inviting all licensed contractors to submit information for inclusion on the District's list of qualified bidders for the _____ calendar year. NOTES: 1. The registration process is for the purpose of being notified of bid opportunities according to your license classification. Prequalification is a more complex process and will be required of all General Contractors (A and B) and all MEPs (C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C- 42, C-43, and C-46) for projects in excess of $1 million. We launched a web-based prequalification process in December. To apply forprequalificationgo to: (url) 2. SB 854 became effective July 1, 2014, and requires contractors to register with the Department of Industrial Relations prior to bidding on public works projects. This registration does not fulfill that requirement. This notice requires contractors to provide the following information: Company Name Phone No. Fax No. Address Contact Name: City, State, Zip Email Address Type of Work License Classification(s) License No. DIR No. Information should be sent to: _______________, Director of Purchasing _________________________ District _____________________, CA 92111 Fax: __________________ E-mail: The ____________________________ School District may create a new contractors list effective January 1stof each year and may include any contractor's name it desires on the contractors list, but must include, at a minimum, all contractors who have properly provided the School District with the required information, either during the calendar year in which the list is valid or during November or December of the prior year. A contractor may have their firm added to the School District's contractors list at any time by providing the required information. (Optional: The list will automatically include all contractors who submitted one or more bids to the School District during the preceding year.) 17 El MontE Union HigH ScHool DiStrict 111144 DARPPAEFNTDICES REQUEST FOR PROPOSAL PUBLIC WORKS SERVICES UNDER THE CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT (Not to Exceed $45,000) Please Fax/Email Response To: (insert name & contact Information) PLEASE RESPOND BY: Company Name: ______________________________Contact: ______________________ Address: ____________________________________Phone #: ______________________ Email Address: _______________________________Fax: __________________________ Please provide a proposal for the following scope of services: Project Name: Scope: Start Date: Completion Date: Proposal attached: ________ No bid: ________ _________________________________ __________________________ Signature Date 18 Fiscal crisis & ManageMent assistance teaM 111155 APPENDDRICAEFST 19 El MontE Union HigH ScHool DiStrict 111166 DARPPAEFNTDICES CALIFORNIAUNIFORMPUBLICCONSTRUCTIONCOSTACCOUNTINGACT FREQUENTLYASKEDQUESTIONS(FAQs) 1. WhatistheUniformPublicConstructionCostAccountingAct? A programcreatedin1983whichallowslocalagenciestoperformpublicprojectworkupto $45,000withitsownworkforceiftheagencyelectstofollowthecostaccountingprocedures set forth in the Cost Accounting Policies and Procedures Manual of the California Uniform Construction Cost Accounting Commission (Commission). The Uniform Public Construction Cost Accounting Act (Act) is enacted under Public Contracts Code Section 22000 through 22045(hereafterabbreviatedasPCC22000-22045). In addition, the Act provides for alternative bidding procedures when an agency performs publicprojectworkbycontract. a) Publicprojectsof$45,000orlessmaybeperformedbynegotiatedcontractorbypurchase order(PCC22032(a)). b) Publicprojectsof$175,000orlessmaybelettocontractbytheinformalproceduresset forthintheAct(PCC22032(b)). c) Publicprojectsofmorethan$175,000shallbelettocontractbyformalbiddingprocedures (PCC22032(c)). Every five years, the Commission shall consider whether there have been material changes in public construction costs and make recommendations to the State Controller regarding adjustments to the bidding procedure monetary limits (PCC 22020). Adjustments should be effective for the fiscal year that commences not less than 60 days following the State Controller’snotificationtoallparticipatingagencies. 2. Whatarethebenefitsoftheprogram? a) Increasedforceaccountlimit b) Informal bidding forprojects between $45,001 and $175,000 which do not require advertising. c) Reducesthenumberofformalbids. d) Expeditedcontractingforsmallprojects. Many participants laud the program because it gives them more leeway in the execution of public works projects; has speeded up the awards process; has improved timeliness of the projectcompletion;has eliminatedconsiderable red tape and cumbersome paperworkrelative to advertising and filing of reports; and has simplified administration. Many agencies have encountered only minimal challenges with the accounting requirements and the overhead portion. Moreover, where required, the adjustment was relatively simple; most of the required procedures were already actually in place, so there was no noticeable change in the existing operations. The Standard Accounting Codes Structure will satisfy the reporting requirements whenusedproperly. 1 Fiscal crisis & ManageMent assistance teaM 111177 APPENDDRICAEFST FrequentlyAskedQuestions(FAQ) UniformPublicConstructionCostAccountingAct 3. IstheUniformPublicConstructionCostAccountingActmandatoryforlocalagencies? No. The Act is a voluntary program. However, it is available to all local agencies, counties, and cities,bothgenerallawandcharter. 4. HowdoesalocalagencybecomesubjecttotheAct? The governing body must elect by resolution to become subject to the Act and file a copy of the resolution with the State Controller's Office (PCC 22030). Sample documents are available at: http://www.sco.ca.gov/ard_cuccac.html.Once an agency has opted into the Act it will remaina partoftheprogramuntilit optsout.Thereisnoneedforrenewal/re-optingin. 5. MayalocalagencywithdrawfromtheAct? An agencymaywithdrawbyfiling aresolutionoftheagency’selectiontowithdrawwiththe State Controller'sOffice. 6. WhatistheCaliforniaUniformConstructionCostAccountingCommission? A state commission created under the Act (PCC 22010). It consists of fourteen (14) members: thirteen(13) members are appointedby the State Controllerand one is a designatedmember of the Contractors’ State License Board. Seven members represent the public sector (counties, cities, school districts, and special districts). Six members represent the private sector (public works contractors and unions). The Commission members receive no salary, but are eligible for reimbursement of their direct expenses related to the Commission. The Commission is responsible for administration of the Act. The State Controller provides limited staff and other supporttotheCommission(PCC22015(a)). 7. WhataretheUniformPublicConstructionCostAccountingProcedures? The cost accounting procedures were developed by the Commission. They are to be used to estimate costs for determining if a public project is required to be bid out and to capture and record actual costs when a public project is performed by the agency’s own work force. The procedures follow normal accounting in the industry and in many cases are not much different from those already in place at the agency. Sample forms are available in the CUCCAC Cost AccountingPoliciesandProceduresManual. School districts may use the Standard Accounting Code Structure to comply with the tracking requirements. 8. Are the cost accountingpoliciesand proceduresapplicablefor agencieswhosework forceonlyperformsmaintenancetasksasdefinedintheActandwhosepublicprojects areallcontractedout? The cost accounting policies and procedures are only applicable for agencies that perform public project work by force account. This does not exclude from the program agencies whose publicprojectsare allcontractedout.Infact,theymightwanttoreviewthe benefitsavailable and electtoparticipatenowintheeventconditionschangeatsometimeinthefuture. Updated: September 9, 2015 El MontE Union HigH ScHool DiStrict 111188 DARPPAEFNTDICES FrequentlyAskedQuestions(FAQ) UniformPublicConstructionCostAccountingAct 9. ThePublicContractCodesection22034(a)states“theagencyshallmaintainalistof qualifiedcontractors1…”.Whatismeantbytheterm“qualifiedcontractors”? The term “qualified contractors” is intended to define contractors who request to be added to an agencies list for specified types of specialty work and are licensed and otherwise legally qualified to perform that work as licensed contractors. In addition, the Commission has determined that nothing in the Act prohibits a participating agency from, at their discretion, using an objective pre-qualification process in the formation and maintenance of their contractor’s lists. This change will be added to the language on Section 3, page 7, of the Cost AccountingPoliciesandProceduresManual. 10.Can a local agency disqualify or exclude certain contractors from the Qualified ContractorsListrequiredpursuanttoPCC22034(a)? Agencies may disqualify contractors from the Qualified Contractors List when a contractor fails to furnish information to meet the minimum criteria as established by the Commission pursuant toPCC22034(a). 11.Foragenciesthat donotmaintainaninformalbidderslist,aretheyallowedtochoose whowillgetnotificationsoninformationprojects? The Act requires that an informal bid project is either advertised and/or notifications are sent to all contractors on the informal bidders list. We have noticed that a very large percentage of signatory local public agencies do not maintain or update an informal bidders list and are sendingnoticestoonlyoneortwo contractors. There is no exemption to maintaining a list of bidders. PCC 22034(a). The public agency shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractors list shall be determined by the commission.If an agencyis notmaintaininga listor notifyingallcontractorsortradepapers, then theyarenotincompliancewiththeAct. ThePublicContractCodestatesthatparticipatingagenciesshalladoptanordinancerequiring that alistofallqualifiedcontractors,identifiedaccordingtocategoriesofworkbemaintained.It does not require the list to be used however, and allows notifications to the required trade journals and exchanges be used as an alternate if desired. For agencies that elect to use the alternative authorizedmethodofadvertising,thepurposeofthelistiseffectivelynegated. If an agencyis using thecontractor'slist thentheymustsendthe notificationto allcontractors on the list for that category of work and the list must be maintained in accordancewith the Manual. 12.What is the difference between qualifying contractors under UPCCAA and prequalificationofcontractorsunderPCC20101? Qualification of contractors is a process that allows contractors to register with the agency for notification of public works opportunities. The prequalification process under PCC 20101 is a more complex process that requires a standardized questionnaire and evaluation of contractorsusingstandardscoringcriteria. 1 The term Qualified Contractors is pending legislative change. The proposed term is Registered Contractors. Updated: September 9, 2015 Fiscal crisis & ManageMent assistance teaM 111199 APPENDDRICAEFST FrequentlyAskedQuestions(FAQ) UniformPublicConstructionCostAccountingAct 13.Must a local agency:(1) Notifycontractorspursuantto PCC22034(b)if the contractor is believed not to have the skills, credentials, or experienceto perform the work? (2) Considerbidssubmittediftheagencybelievesthecontractordoesnothavetheskills, credentials,orexperiencetoperformthework? a) IfacontractorisontheQualifiedContractorsList(PCC22034(b)),thecontractormustbe notifiedbytheagencyofpublicprojectsforwhichheislicensedtoperform. b) Allbidsreceivedfromqualifiedcontractorsmustbeconsidered. 14.Does the Act allow flexibilityin cases of great emergencyand when repair or replacements are necessary to permit the continued conduct of the operations or servicesof apublicagency? PCC 22035 provides that in cases of great emergency the governing body may, by majority vote, proceed without adopting plans and giving notice to bids to let contracts. In addition, this section provides that the governing body may delegate to the appropriate agency manager the power to declare an emergency and/or proceed with repairs or replacements without approvalby the board. PCC 22050 providescontractingprocedureswithoutgiving noticefor bids toletcontractsfortheseemergencies. 15.Do the alternativebiddingproceduresapplyonlyto publicprojectsas definedin PC 22002(c)orcantheybeusedforthefollowingtypesof items: a) Maintenanceworktobeperformedbycontract? b) Purchaseofheavyequipment? c) Purchaseofmaterials? Pursuant to PCC 22003, a participating agency may use the alternative bidding procedures on maintenance work as defined in PC 22002(d), items 1-5. PCC 22003 is permissive and agencies can continue to exclude maintenance from the alternative bidding procedures. However,if an agencymisclassifies a project($45,001 or more) as maintenance and therefore, doesnotusesthe applicablebiddingprocedures,a reviewbythe Commissionmay beconducted pursuanttoPCC22042(c). The purchase of equipment and supplies fall under PCC 20111; however, when purchased or usedaspartofapublicworks project,the costs associatedwiththepurchaseoruse become part oftheprojectcostandmustbeconsideredwhenapplyingthebidlimitsundertheAct. 16.WhatwillmembershipintheActcostmyagency? At the present, no required membership fees or dues are assessed. However, the Commissionhasnever receiveddirect statefundingforashort periodofitshistory.The State has indicated that the participating agencies, contractors, and unions that benefit from the Commission should be responsible for its funding. Therefore, in November 2004, the Commission asked member agencies, contractor’s associations, and construction related unions for voluntary donations to support the Commission.There may be additional requests for voluntary support. Any mandatory fees or dues would require legislation and would be for a nominalamount. 17.Whatarethemostcommonconcerns? Updated: September 9, 2015 El MontE Union HigH ScHool DiStrict 112200 DARPPAEFNTDICES FrequentlyAskedQuestions(FAQ) UniformPublicConstructionCostAccountingAct There are three leading areas of expressed concern and mostly all are quickly alleviated when addressedproperly.Theseare: a) Costaccountingpoliciesandprocedures; b) Informalbiddingprocedures; c) Accountingreviewprocedures. The cost accounting requirements follow those common to the construction industry. The informal bidding up to $175,000 is seen by the agencies as an asset enhancing project completion. Maintenance of a Qualified Contractor Bid List is routine, since interested contractors make it a point to be included on the list. While a review could potentially hold up a project for 30 days pursuant to PCC 22043, formal complaints have been rare in the Commission’shistory. 18.Does an agencyhave to calculate an overhead rate in order to apply the accounting procedures? Citieswithpopulationsof lessthan75,000mayusean overheadrateof 20% of alldirectcosts in lieu of the overhead rate calculation specified in Section VI of the Cost Accounting Policies and Procedures Manual. Cities with a population of more than 75,000, counties, special districts, and school districts may use an overhead rate of 30% of all direct costs, in lieu of a calculated rate. 19.When a local entityopts into the Act, does the Act supersedeother contractinglegal requirementssuchasstatutoryrequirementsforperformancebonds,prevailingwages, andcertificatesofinsurance,etc.? The Act only supersedes the bidding procedures used once a public agency has adopted a resolution and notified the Controller. All other contracting requirements are applicable whether ornotapublicentityoptsintotheAct. The specific mention of bidding procedures emphasizes the omission of other statutory requirements (such as bond payments, prevailing wages, addenda, change orders, etc.) and impliesthattheirapplicabilityisfoundinspecificstatutoryprovisionsratherthantheAct. Therefore, the Act does not supersede other contracting requirements for performance bonds, prevailingwages,andcertificatesofinsurance,etc. 20.Can a signatory agency, claim to be to be exempt from requirements in the Public ContractCode(PCC)byclaimingtheyonlyhavetofollowthelanguageandprocedures withintheAct? No. The Commissionhasruledinthepast thatwherethe Act issilent,the PublicContract Code applies. Updated: September 9, 2015 Fiscal crisis & ManageMent assistance teaM 112211 APPENDDRICAEFST FrequentlyAskedQuestions(FAQ) UniformPublicConstructionCostAccountingAct 21.IfsignatoryagenciesarenotfollowingtheadvertisingrequirementsintheAct,willthe Commissionaddressthoseagencies?CanacomplaintbebroughttotheCommission? Yes, a complaint can be brought to the Commission. PCC 22042 lists the categories of complaintsthattheCommissioncanconsider. 22.PCC 20112 specifically requires school districts to advertise twice for a two week period,whilePCC 22037 requiresadvertisingonce, 14 days in advance of the date of openingofbids. Whichcodeappliestoschooldistricts? PCC22037.WhentheActisinconflictwithanyothercode,theActshallsupersede. Districts may choosetomaximizetheiroutreachbycontinuingtoadvertisetwice. 23.Mayanagencycontractseparatelyforlikeworkatthesamesiteatthesametimeusing theunder$45,000ForceAccountmethod? Per section 22033 of the Public Contract Code, “It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding”. Separating “like work” wouldonlybepermittedaslongasthetotalofallthe“like work”islessthan$45,000. Otherwisethework would berequiredtobe advertisedand bidaccordingto the provisions of the Act (i.e.bidinformally if thetotalamountislessthan$175,000andbidformallyifthetotal amount exceeds$175,000). 24.Mayanagencybidout2separateprojectsthatoccuratthesametimeandsite,butare differenttypesofwork? Yes, there is no violation if the work is being competitively bid. If the agency wants to use the negotiatedor informalbidding processes,the agencymust applythe appropriate limits to each of the projects. Each project must be separate in scope. Projects maynotbeseparatedby tradeto avoid bidding. If the total of all jobs is greater than $45,000; the informal or formal bid limit will apply. 25.Howdoesanagencyprocesschangeorderswhenthestandardcodeconflictswiththe Act? For contracts below $45,000, the total cost of the contract may not exceed $45,000. For informalcontracts,undertheAct,thelimitis$175,000. Iftheagencyisaschooldistrict,there may be additional limits and it is recommended the agency consult with their legal counsel for interpretationofchangeorderlimits. 26.DoesanagencybyoptingintotheAct, automaticallybring a) alldepartmentsof theagencyintotheAct? When a local agency elects to become subject to the uniform construction cost accounting procedures, the entire legal entity is considered subject to the Act and no divisions or departments willbeexempt. b) alldistricts under controlofthe boardinto theAct? SpecialDistricts,whicharegovernedbyaboardofsupervisorsorcitycouncil,areonlysubject if a separateelectionismadeforeachspecialdistrict. Updated: September 9, 2015 El MontE Union HigH ScHool DiStrict 112222 DARPPAEFNTDICES FrequentlyAskedQuestions(FAQ) UniformPublicConstructionCostAccountingAct 27.PCCsection22034requiresthatparticipatingagenciesadopt anInformalBidding Ordinance. Whatdoschool andspecial districtsthatcannot adopt Ordinancesdoto comply? For those agencies who cannot legally adopt an Ordinance, a Board Policy / Administrative Regulation or other legally applicable action of the governing board may be substituted. Such substitute shall include the provisions of PCC section 22034 (a) through (f). If an Ordinance is adopted, it does not take effect until 30 days following its second reading. If a substitute to an Ordinance such as Board Policies / Administrative Regulations are utilized which go into effect immediately upon adoption, no 30-day waiting period is required before utilizing the procedures outlinedin theAct. Additionalinquiriesandquestionscanbedirectedto: StateController'sOffice Divisionof AccountingandReporting LocalGovernmentPolicySection or LocalGovPolicy@sco.ca.gov 3301CStreet,Suite740 SacramentoCA,95816 Updated: September 9, 2015 Fiscal crisis & ManageMent assistance teaM 112233 APPENDDRICAEFST Appendix D: Sample Emergency Resolution RESOLUTION OF THE DISTRICT REGARDING DECLARATION OF EMERGENCY REQUIRING CONTRACT FOR REPAIRS, ALTERATIONS, WORK OR IMPROVEMENT WITHOUT ADVERTISING FOR OR INVITING BIDS RECITALS A. Pursuant to Section 20113 [for community college districts, substitute 20654] of the California Public Contract Code, in an emergency when any repairs, alterations, work or improvement is necessary to permit the continuance of existing classes or to avoid danger to life or property, the board may by unanimous vote, with the approval of the county superintendent of schools, make a contract in writing on behalf of the District for the performance of labor and furnishing of materials or supplies for those purposes without advertising or inviting bids. B. [Describe facts showing the need for repairs and justifying an emergency, e.g., “The boiler at Anywhere Elementary School exploded on _________ during the winter break and must be replaced. Classes will resume in 4 days. The Superintendent reports that existing classes will not be able to continue without an immediate repair of the boiler.”] C. In the interest of permitting the continuance of existing classes and activities and to avoid injury to pupils and staff, the District is in need of immediate repairs or other work which cannot be accomplished in a sufficiently timely manner if the repairs are required to be subject to the bidding and advertising requirements of the California Public Contract Code. D. The District will seek approval of the county superintendent of schools to conduct and pay for the repairs or other work on an emergency basis without competitive bidding. THIS BOARD RESOLVES AS FOLLOWS: 1. The foregoing recitals are true and correct. 2. An emergency exists within the meaning of Section 20113/20654 of the Public Contract Code, requiring repairs, alterations, work and/or improvements to [name of facility] to permit the continuance of existing classes or to avoid danger to life or property. 1 El MontE Union HigH ScHool DiStrict 112244 DARPPAEFNTDICES 3. Upon approval of the county superintendent of schools, the District shall secure a contract to perform the necessary repairs, alterations, work and/or improvements without advertising for or inviting bids. 4. The Superintendent is authorized and directed to take any necessary action to carry out the terms of this resolution. I, __________________________, _____________________ of the Governing Board of the ______________________ District of _______County, State of California, certify that this Resolution proposed by _________________________________, seconded by ________________________, was duly passed and adopted by the Board at an official and public meeting this _______ day of ____________, 20______, by the following vote: AYES:___________ NOES:___________ ABSENT:_________ _____________________________________ _________________________ of the Board of the District of ________ County, California APPROVED: COUNTY SUPERINTENDENT OF SCHOOLS By Name: Title: Date: , 20 . G:\SLSREF\Business\ResoReDeclarEmergReRepairsWithoutAd4Bids_GH.wpd (File original and two copies of this resolution with the County Superintendent of Schools with a letter of request and authorization for the amount of funds to be transferred.) 2 Fiscal crisis & ManageMent assistance teaM 112255 APPENDDRICAEFST Appendix E: Sample Facility Use Fee Schedule GROSSMONT UNION HIGH SCHOOL DISTRICT A 1330(h) FACILITY USE FEE SCHEDULE Fair Rental Facility Direct Cost Non-Profit Notes Value No lining of fields by Dist. Staff, etc. Post-event Dirt Practice Fields $15/Day $25/Day $40/Day clean-up by user group. Turfed No lining of fields by Dist. Staff, etc. Post-event Baseball/Softball $45/Day $55/Day $85/Day clean up by user group. Fields Soccer/Lacrosse No lining of fields by Dist. Staff, etc. Post-event $35/Day $45/Day $65/Day Fields(Dirt) clean up by user group. $80/Hr. w/4-Hr. $90/Hr. w/4Hr. $100/Hr. w/4- Cafeteria w/Kitchen** Minimum Minimum Hr. Minimum (Includes one (Includes one (Same Kitchens must be operated, cleaned, and (Dist. personnel Food Services Food Service requirements as sanitized by experienced Dist. personnel.** required) staff member) staff member) Direct Costs) Cafeteria w/o $50/Hr. $60/Hr. $75/Hr. Cafeterias must be cleaned and trash emptied by Kitchen** (No minimum) (No Minimum) (No minimum) user groups. $10/Hr. $15/Hr. $25/Hr. Small Classroom Medium Classroom/Locker $15/Hr. $25/Hr $35/Hr. Room $45/Hr. $55/Hr. $65/Hr. Large Classroom Relocatable Classroom $45/Hr. $50/Hr. $55/Hr. Gymnasium (Lighted)** $75/Hr. w/4-Hr. $100/Hr. w/4- $125/Hr. w/4- Dist. staff to open/close/clean rest rooms and w/without Locker Minimum Hr. Minimum Hr. Minimum locker rooms at an additional fee.** Room/Rest Room Little Theater/** $125/Hr. w/4- $140/Hr. w/4- $165/Hr. w/4- District staff must operate equipment. Utility charges are based on current rates and are Amphitheater Hr. Minimum Hr. Minimum Hr. Minimum subject to change.** $175/Hr. w/4- $215/Hr. w/4 $250/Hr. w/4- District staff must operate equipment. Utility Large Theater** charges are based on current rates and are Hr. Minimum Hr. Minimum Hr. Minimum subject to change.** Synthetic Turf (Day = 8 hours) A minimum of 2 hours is and/or $125/Hr. $175/Hr. $250/Hr. required. If stadium lights are requested, $25 per Rubberized Track hour with a minimum of 4 hours will be charged. $75/Day $85/Day $100/Day Parking Lot (Stand-alone use) (Stand-alone use) (Stand-alone use) No charge with facility rental. Any Facility Used for $850 per ½ Day $850 per ½ Day $850 per ½ Day District staff member must open/ Commercials/Movies ½ day = 1 -6 ½ day = 1 -6 ½ day = 1 -6 close facility.** ½ Day Hrs. Hrs. Hrs. Any Facility Used for $1200 per Day $1200 per Day $1200 per Day Commercials/Movies Day = 7 –12 Day = 7 –12 Day = 7 –12 District staff member must open/close facility.** Full Day Hrs. Hrs. Hrs. $40/Hr. $40/Hr. $40/Hr. 4 Hr. minimum. Custodial/Grounds $25/day $30/Day $35/day User is responsible for post event clean up Tennis Courts El MontE Union HigH ScHool DiStrict 112266 DARPPAEFNTDICES GROSSMONT UNION HIGH SCHOOL DISTRICT A 1330(h) Cont. Facility Use Fee Schedule, Continued Pool Admission Adults Adults Children (3-17) Children under 3 are free and must be Recreation $2.00 $2.00 $1.00 accompanied by an adult. Swimming Pool Rentals Short Term $30/Hr. $40 / hour Plus staff costs(If applicable) Long Term Pool Rentals (at least three years) $1,250 / month $1,250 / month Plus staff costs(If applicable) Fair Rental Facility Direct Cost Non-Profit Notes Value G.U.H.S.D. Employees -Free Annual Passes Adults$70 Adults$70 Adults$70 G.U.H.S.D. Immediate Dependents- Child $35 Child $35 Child $35 Half Price Learn to Swim Learn to Swim Learn to Swim (6-15) (6-15) (6-15) Lessons $20 / 8 lessons. $20 / 8 lessons. $20 / 8 lessons -- Tiny Tots (3-5) Tiny Tots (3-5) Tiny Tots (3-5) $30 / 8 lessons $30 / 8 lessons $30 / 8 lessons Pool Staff Costs $15 / Hr. Per $15 / Hr. Per $15 / Hr. Per Number of lifeguards to be determined Lifeguard Lifeguard Lifeguard by Aquatics Supervisor FACILITY USE APPLICATION FEE –$50per application per fiscal year (NO EXCEPTIONS) Catering of cafeteria facility use events may be arranged through GUHSD Food Services, (619) 644-8183 **Additional charges may applyand must be pre-arranged with the Manager of School Facilities. NOTE: Proof of Insurance required as specifiedon the back of Use Form prior to any activity. NOTE: Employee bargaining units require a minimum of 3 hours be paid for call back after completion of regular assignment and a minimum of 4 hours will be paid for call back on nonscheduled work assignments. Category Guidelines Direct Cost: Covers costs incurred by site for custodial/groundssupplies, utilities, custodial/grounds, grounds staff, etc. Typical Direct Cost users include:religious services. Non-Profit: Typical Non-Profit users include: Adult athleticleagues Fair Rental Value: Fund raising events notassociated with a GUHSD school site where admission fee is charged or donations are solicited. Typical FRV users include: Church fundraisers, commercial film makers. Fee Exempt: Youth Sports, site-based club (i.e., Ecology Club, Key Club, etc.) or site-based sports (i.e., football basketball, baseball, etc.) Fundraisers are fee exempt but may be charged for utilities and/or custodial/grounds service. Example: Lift-a-thon in the wrestling room as a fundraiser for football would be fee exempt. ALL FUNDRAISERS MUST BE APPROVED BY SITE A.S.B. AND ADMINISTRATION. Out of Season Club sports Youth “Club Sports.” “Club” is defined as any youth organization that charges a participation fee. “Club” sports will be charged a yearly fee based on number of participants. 0-25 participants - $100 per year 26-50 participants -$150 per year 51+ participants -$200 per year Revised: 12/2009 JSHerrington Fiscal crisis & ManageMent assistance teaM 112277 APPENDDRICAEFST Appendix F: Study Agreement El MontE Union HigH ScHool DiStrict 112288 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 112299 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 113300 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM 113311 APPENDDRICAEFST El MontE Union HigH ScHool DiStrict 113322 DARPPAEFNTDICES Fiscal crisis & ManageMent assistance teaM