By Patricia (Patti) Rascon, Southern Regional Compliance Manager. -
Enacted in 1983, the California Uniform Public Construction Cost Accounting Act (referred to as the ACT) provides public agencies economic benefits and greater freedom to expedite public works projects. Their Policies and Procedures Manual offers a plethora of information, and provides systematic instructions for adoption or discontinuance of the ACT.
Regional Compliance Manger’s regularly refer to the List of Participating Agencies while investigating potential violations of the ACT. Two scenarios come into play; they have opted in or opted out. It is not as simple as “Abracadabra”, the Office of the State Controller must be notified in writing, and in other words, “selective” adherence to the terms of the ACT is a violation.
Alerted to the City self-performing the building of a pony wall around the perimeter of a basketball court, my initial investigation confirmed the issuance of a RFP and the award of a contract for a new basketball court. The pony wall was not included in the original scope of work. Classified as General Law, their force account limit was $5000. In discussions with the Interim Public Works Director, I asked for all cost accounting documentation relating to the wall (since it was likely they exceeded their limit). Apparently, we were unaware they were signatory, and the conversation segued to becoming as such. Because CIFAC is all about educating agencies, I provided him with the link to the California Uniform Public Construction Cost Accounting Act, and offered my assistance should he need any additional information.
Along with the financial documentation, I received a copy of the resolution approved by the City Council opting into the ACT. What? My initial research confirmed they were not signatory. After contacting the State Controller’s Office, I determined the city neglected to file the paperwork with them, I notified the City Clerk, paperwork was filed and they are compliant.
Things are not always what they seem, and not unlike the Magic show, “sleight-of-hand” can intervene, the devil is in the details.