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HomeMy WebLinkAbout2018-06-26 - AGENDA REPORTS - COUNCIL POLICIESAgenda Item: 13 DATE: June 26, 2018 SUBJECT: COUNCIL POLICIES DEPARTMENT: Administrative Services PRESENTER: Joseph Oerum RECOMMENDED ACTION City Council: 1. Approve the revised Purchasing Policy draft and delete Policy No. II-26, Environmentally Preferable Purchasing Program. 2. Approve the City Manager Authority to Grant Rights to Use City Property Policy draft. 3. Approve the deletion of the House Sewer Laterals Policy. BACKGROUND City of Santa Clarita (City) administrative policies and procedures are intended as a meaningful working device for the compilation of administrative rules and regulations, procedures, and other policy statements that are needed for the effective functioning of all City departments. The administrative policies are separated into eight sections as follows: Legislative Relations, Administration, Human Resources, Heath & Safety, Finance, Purchasing, Budget, and Library. The objective of the policies is to minimize doubt, confusion, and inconsistency in the performance of City duties. These policies are "living" documents and, as such, are to be amended, changed, and altered as conditions and circumstances warrant. The policies serve as a comprehensive guide for administrative action and provide a framework for the discharge of delegated authorities and assigned responsibilities. Purchasing Policy The City's purchasing policy was last modified and adopted by City Council on February 11, 2014. The policy was created to establish guidelines for staff to use as a tool when preparing bids Page 1 and procuring goods and services as well as following federal and state regulations. The Purchasing policy is revised in the following sections: SECTION 9.0 — PROCUREMENT DURING A PROCLAIMED EMERGENCY OR DISASTER Proposed Update: • Previously included with Section 8.0 Policy Exceptions, guidelines for procurement during a Proclaimed Emergency or Disaster will be expanded and moved to their own separate section in the Purchasing Policy. • The new section establishes the City's procurement practices to be followed in the event of an emergency or disaster; such that, the City is able to effectively obtain goods and services while complying with federal regulations. Impact: For staff involved in procuring goods and services during emergencies or disasters, this section provides guidance and instruction for doing so. The importance of compliance with federal guidelines during disaster situations has a crucial impact on funding. The updated policy aims to protect the City's budget during crisis situations. SECTION 14.0 — PROCUREMENT CARD Proposed Update: • The Procurement Card policy to be comprehensively incorporated into the Purchasing Policy as a separate and complete section. Impact: • References on the rules, guidelines, and procedures for use of Procurement Cards are now included in the Purchasing Policy. APPENDIX I — UNAUTHORIZED PROCUREMENT FORM Proposed Update: • Amend the Purchasing Policy to include a copy of the Unauthorized Procurement form as an appendix. Impact: The Unauthorized Procurement form will now be available to all staff as a reference in the Purchasing Policy. Any purchase in violation of the provisions of the Purchasing Policy may be documented on this form. The Purchasing Policy includes an appendix which references environmentally preferred purchasing. Therefore, staff recommends deleting Policy No. II-26, Environmentally Preferable Purchasing Program due to redundancy. City Manager Authority to Grant Rights to Use City Property Policy The City's Purchasing Policy delegates to the City Manager authority to approve certain purchases and/or contracts that do not warrant Council approval, based upon their dollar value. Purchases and contracts that exceed those values are brought to the City Council for consideration. In much the same way, from time to time it is necessary to grant certain private Page 2 parties or other governmental agencies access to or limited duration rights to use City properties. However, the duration of these uses, and/or the extent of the required use of the property is frequently not significant enough to warrant Council consideration. Sometimes these requirements for use may also be time sensitive, requiring approvals at a time when waiting for Council approval is not possible. Examples of such temporary uses would include access over or through public property for construction staging, storage of construction materials, or temporary parking. For the sake of being comprehensive, the proposed policy identifies the types of temporary rights available —encroachment permits, franchises, easements, leases, and licenses. The policy recognizes that encroachment permits, franchises, and easements are already addressed elsewhere, so the substantive focus of the policy is on licenses and leases. The policy authorizes the City Manager to approve licenses and leases of up to one year, provided that the grant must be terminable immediately in the event of emergency or a need for the City to use the property, and in all other instances on no more than 60-day notice. The grant also requires that the use may require the payment of a fee, and must be revenue neutral or of minimal cost to the City. There are also requirements concerning insurance, bonding, and permits. The policy would apply to City Hall, the Business Incubator, other City buildings, open space, park land, and trails. House Sewer Laterals Policy Adopted in 1988, the House Sewer Laterals policy was created to establish basic responsibilities of homeowners and the City for the maintenance and replacement of the house lateral. The house lateral, as defined in the policy, is horizontal piping which extends from the house sewer system to the main or public sewer. The maintenance and replacement of the house lateral has been, and will continue to be, the sole responsibility of the homeowner. However, the House Sewer Lateral policy is now obsolete. The ideals set forth in the House Sewer Lateral policy are reflected in the Santa Clarita Municipal Code under Chapter 15, which adopted the Los Angeles County Code, Title 20, Utilities, Division 2, Sanitary Sewers and Industrial Waste policy. The Los Angeles County Code echoes the same ideals set forth in original the House Sewer Laterals policy, while also addressing other components associated with sanitary sewers and industrial waste. ALTERNATIVE ACTION Other actions as determined by the Council. FISCAL IMPACT None by this Council action. ATTACHMENTS Purchase Policy 9 PROPOSED - REDLINE 11-26.1 Environmentally Preferable Purchasing Program - Delete Right to Use City Property Policy I-2.1 House Sewer Laterals Delete Page 3 11-26 Environmentally Preferable Purchasing Program 12-31-09 (available in the City Clerk's Reading File) I-2 House Sewer Laterals 6-10-88 (available in the City Clerk's Reading File) Page 4 City of SANTA CLARITA U) w U J O (L J_ U Z O U LU Z J 0 W w 0 W U) O a O w a 0 a m �a L a r m E �a r r Q TABLE OF CONTENTS SECTION DESCRIPTION PAGE INTRODUCTION 1 SECTION 1.0 GENERAL PROVISIONS 2 SECTION 2.0 SOLICITATION PROCESSES 4 SECTION 3.0 SUPPLIES/SERVICES/EQUIPMENT 15 SECTION 4.0 PROFESSIONAL SERVICES 18 SECTION 5.0 PUBLIC PROJECTS 20 SECTION 6.0 PURCHASE ORDER CHANGES 23 SECTION 7.0 SUPPLIER RELATIONS 25 SECTION 8.0 POLICY EXCEPTIONS 28 SECTION 9.0 PROCUREMENT DURING A PROCLAIMED 30 EMERGENCY OR DISASTER SECTION 10.0 GRATUITIES 33 SECTION 11.0 SURPLUS/TRANSFER OF PROPERTY 34 SECTION 12.0 PURCHASING WITH SPECIAL FUNDS 35 SECTION 13.0 SUSTAINABLE PURCHASING 36 SECTION 14.0 PROCUREMENT CARD 38 w U J O a J_ U z O U Lu z J 0 w 0 w U) O a O w a 0 a 0 ch m L a r as E �a r r Q APPENDICES APPENDIX A PURCHASING STANDARDS OF CONDUCT APPENDIX B SUMMARY OF RESOLUTIONS AFFECTING PROCUREMENT APPENDIX C RECYCLED PRODUCT PROCUREMENT POLICY RESOLUTION 93-09 APPENDIX D PROTECTION OF TROPICAL TIMBER RESOLUTION 91-91 APPENDIX E STATE OF CALIFORNIA CO-OPERATIVE PURCHASING RESOLUTION 89-95 APPENDIX F CITY COUNCIL AGENDAACTION AUTHORIZING CO-OPERATIVE AND "PIGGY BACK" PURCHASING JULY 11, 1995 APPENDIX G SUPPORT OF SANTA CLARITA BUSINESS ORDINANCE 04-12 AND ORDINANCE 09-6 APPENDIX H ENVIRONMENTALLY PREFERABLE PURCHASING (EPP) PROGRAM RESOLUTION 05-103 INTRODUCTION Purchasing has prepared the Purchasing Policy Manual to assist customers with procurement issues. The policy manual is designed for use by managers and supervisors directing or approving purchases. Derived from the Municipal Code, the policy provides the processes to be used in making purchases to ensure compliance with the code. In the policy manual you will find a summary of the requirements of the code and the steps necessary to satisfy those requirements. 6 In addition to this document, there are several references available online through w rNet. You are encouraged to review the Purchasing website periodically for more detailed information. O a J_ U Z O U Purchasing Policy April 2018 Change 9 Pa Packet Pg. 93 SECTION 1.0 GENERAL PROVISIONS SCOPE All provisions listed here apply to all purchases in general. As used in this policy, unless the purchase order or contract specifically indicates otherwise: A. "Purchasing Agent" shall mean the person responsible for the day to day operations of the City's Procurement Program. B. Any purchase contrary to the provisions of this policy_M2y be documented on an Unauthorized Procurement form. PROCUREMENT AUTHORITY A. All purchases of $3,000 and over require a purchase order processed by Purchasing as stated in this policy, before an order is placed, unless otherwise authorized by City Council. A purchase order is not required for professional services up to $3,000; however, a written contract is required. B. The City Manager may waive this policy as necessary by recommendation to, and approval from, the City Council with the exception of those provisions applying to Public Works. PROCUREMENT RESPONSIBILITY It shall be the responsibility of the Purchasing Agent to: A. Procure quality supplies and services at the least expense to the City in a timely fashion; B. Ensure full and open competition as required in this policy and discourage uniform or collusive bidding; C. Examine each estimate and requisition and revise it as necessary to meet statutes and policy; D. Prepare and maintain vendor files; E. Delegate the responsibilities of the Purchasing Agent as deemed necessary. Purchasing Policy April 2018 Change 9 Pa Packet Pg. 94 IV. GENERAL A. All purchases must be authorized by the Director (or designee) of the requesting department. B. Splitting of purchases to circumvent thresholds is prohibited. C. All listed thresholds include taxes, packing, shipping and handling. D. Competition is required for all purchases of $3,000 or more. E. City Council approval is required for all expenditures over $50,000, w except public projects where Council approval is required when the amount exceeds $175,000. o a J F. City Manager has the authority to resolve disputes and Settlements of $50,000 or less pursuant to Government Code section M 35.4. U U Purchasing Policy April 2018 Change 9 Pa Packet Pg. 95 SECTION 2.0 SOLICITATION PROCESSES I. SCOPE An appropriate competitive procurement process is required for all purchases of $3,000 and over. This section will cover the various solicitation processes and their use as well as requests for information, material, equipment, general services, and their use. Public project procurement is governed by State Codes and is discussed separately. Although not mandatory, Purchasing will make available sample templates for the various types of solicitations for use by staff. Recommendations for the administration of the solicitation process w are also provided. J 0 a II. SOLICITATIONS U Z A solicitation is the document by which the City's procurement needs and the M 0 format for responding is conveyed to vendors. The intended result of a U solicitation is a procurement contract (including purchase orders and written LU contracts) and the solicitation must contain a process for determining the Z Z elements of a contract. There are various types of solicitations to cover w different procurement situations. The most commonly used City forms are: Request for Quote (RFQ), Invitation for Bid (IFB) and Request for Proposal w (RFP). Some professional services are required by law to use a Quality U) 0 Based Selection (QBS) process. For these services, a Request for 0- Qualifications may be used or a RFP template may be used with the a elimination of the cost section. The type of solicitation does NOT determine the method of successful vendor selection. With the exception of public projects, quotes and bids may be awarded on a basis other than lowest cost and for other than true professional services, RFPs may be awarded based on the lowest cost. The method of successful vendor selection needs to be specified in the solicitation. There are four types of solicitations authorized for use by this Purchasing Policy: A. Request for Quote — The RFQ process is used for the procurement of material, equipment, and general services costing $40,000 or less where the needs of the City may be adequately defined. B. Invitation for Bid — The IFB process is used for the procurement of material, equipment, and general services costing over $40,000 where the needs of the City may be adequately defined. C. Request for Proposal — The RFP process is used for the procurement of professional services and general services where the City seeks Purchasing Policy April 2018 Change 9 Pa Packet Pg. 96 proposed solutions from the marketplace to achieve goals and objectives stated in the RFP. D. Request for Qualifications — The Request for Qualification process is used for the procurement of certain professional services required by law to be solely based on qualifications. These are architecture, landscape architecture, engineering, environmental services, land surveying, or construction project management. These are also commonly referred to as "A&E" services. III. REQUEST FOR QUOTE w A Request for Quote (RFQ) is a simplified solicitation that can be as short as one page or more than 100 pages. The format is dependent on the o circumstances of the procurement and the needs of the user. J U A. The RFQ must be in writing as well as any response. The records must be retained for 2 years, longer if federally funded. o B. The response rate for RFQs varies, but is usually less than 25%. RFQs should be sent to as many businesses as possible to ensure a minimum of three good quotes are received. The process for distributing solicitations should document when and to whom notices are sent. The process should have adequate controls to allow staff to respond intelligently to public inquiries. C. While not required, users are encouraged to allow sufficient time to permit advertisement on the City's website. D. Normally, 2-3 weeks should be allowed for a response to a quote. Simple and emergency quotes may be done as quickly as vendors can respond. E. If the RFQ is for services, it must contain a sample of the contract document. F. The successful contractor is selected in accordance with the Municipal Code. IV. INVITATION FOR BID An Invitation for Bid (IFB) is a more structured solicitation reflecting the dollar value and complexity of the procurement. A. The IFB will contain detailed instructions and the City's terms and conditions. B. Notices of the IFB should be sent to all businesses that have provided information to the City as well as any known by the users to be Purchasing Policy April 2018 Change 9 Pa Packet Pg. 97 V interested in the opportunity. The process for distributing solicitations should document when and to whom notices are sent. The process should have adequate controls to allow staff to respond intelligently to public inquiries. C. IFBs may be advertised in the local newspaper as well as posted on the City's website. D. Normally, IFBs should be advertised at least 30 days before the responses are due. Slightly shorter response timeframes may be permitted for simple bids for off -the -shelf commercial items. Slightly longer timeframes may be needed to support questions or pre -bid w meetings/site visits. J 0 E. The IFB and notice will state a time, date, and place for submission of J sealed responses. U z F. If the IFB is for services, it must contain a sample of the contract o document. `. G. The successful contractor is selected in accordance with the Municipal Code. REQUEST FOR PROPOSAL GENERAL. A Request for Proposal (RFP) solicitation is normally used for professional services or where detailed specifications are not available and the City seeks solutions in the form of proposals from experienced firms. RFP solicitations are very specific to the situation. As the template from Purchasing must serve a variety of purposes it is intended to be modified for f each situation. If procurement of architecture, landscape architecture, engineering, environmental services, land surveying, or construction project management will be conducted using the RFP process, the cost section must be deleted. A&E services (Architectural & Engineering) may also be procured using the Request for Qualification process described later. A. The RFP will contain detailed instructions and the City's terms and conditions. Contact Purchasing for retention requirements. B. Notices of the RFP should be sent to all businesses that have provided information to the City as well as any known by the users to be interested in the opportunity. The process for distributing solicitations should document when and to whom notices are sent. The process should have adequate controls to allow staff to respond intelligently to public inquiries. C. RFPs should be advertised at least twice in the local newspaper as well as posted on the City's website. Purchasing Policy April 2018 Change 9 Pa Packet Pg. 98 VI D. Normally, RFPs may be advertised more than 30 days before the responses are due. More complex RFPs and those expected to generate a large number of questions should be advertised 45 days prior to the date responses are due. E. The RFP must contain a sample of the contract document. F. Users can and should tailor the Scope of Work section to match their needs. Particular attention should be paid to the cost and evaluation portions. EVALUATION. The evaluation of RFP responses and selection of successful w contractor will be in accordance with the procedures identified in the RFP. It is very important this process be clear and unbiased. The process should be 0 carefully thought through and incorporated into the RFP. There should be a J minimum of three individuals to evaluate proposals. To facilitate the process a U few general principles should be followed- 0 U A. The evaluation criteria should be listed in the order of their importance. W B. The weight for each criterion should be determined and entered onto the evaluation score sheet form. The form should be prepared when the RFP is prepared, but NOT included with the RFP. C. Pricing should be requested as a separate, detachable section. The pricing format should be set up to provide all of the pricing information needed to provide a clear picture of costs including potential changes. D. When conducting RFP evaluations, a single individual should conduct reference checks, and that score included on the score sheets. If pricing is included, the scoring for all other criteria should be completed before opening and including the pricing. E. Contract negotiations should begin with the highest ranked firm. Should an agreement not be reached, negotiations should be terminated with that firm and begin with the second ranked firm. The process should continue until an agreement is reached with a satisfactory firm. REQUEST FOR QUALIFICATIONS The Request for Qualifications may use a streamlined RFP format tailored to the specific needs and calling for qualifications in lieu of a "proposal." Most of the administrative process will be similar to that for the RFP with the exception of cost data. While pricing may not be considered in evaluating A&E services, a competitive process is still required by the state Government Code. A. The evaluation criteria should be listed in the order of their importance. Purchasing Policy April 2018 Change 9 Pa Packet Pg. 99 VII. B. The weight for each criterion should be determined and entered onto the evaluation score sheet form. The form should be prepared when the Request for Qualifications is prepared, but NOT published with the document. C. When conducting Request for Qualification evaluations, a single individual should conduct reference checks, and that score included on the score sheets. D. Contract negotiations should begin with the highest ranked firm. Should an agreement not be reached, negotiations should be terminated with that firm and begin with the second ranked firm. The process should continue until an agreement is reached with a satisfactory firm. PUBLIC PROJECTS The City's public project solicitation process is governed by the State Public Contract Code (PCC). Additionally, the City has elected to become subject to the uniform construction cost accounting procedures. Public projects are defined at Public Contract Code Section 22002. The procedures allow for an alternative bidding process. These alternative bidding procedures are found in PCC 22030-22050 and supplement the requirements of PCC 20100- 20104.70 and PCC 20160-20189. The successful contractor will be selected in accordance with the Public Contract Code. Public project solicitations are also guided by other State Codes as well as Federal Codes when any Federal funding is involved. The dollar thresholds that follow are set by PCC 22032, which takes precedence over these figures if different. Due to the complexities involved, staff is encouraged to contact Purchasing about their specific project. A. The alternative bidding procedure provides thresholds for the public project procurement process. For projects under $45,000 the procedure provides for the award of projects by Purchase Order other than by bidding. For staff this means that for projects between $3,000 and $45,000, the solicitation process may be a request for quote. Projects over $45,000 must be bid by either the informal (projects from $45,000 to $175,000) or formal (projects over $175,000) solicitation. The PCC provides for simplified and shortened notification procedures for informal bids. B. Request for Quote — The public project request for quote will follow the normal City request for quote process with the exception of the format of and the award of the solicitation. The solicitation format will be modified to meet the needs of the using department and the public project. The contract will be awarded to the lowest responsible bidder and may be awarded by the City Manager or designee. 6 w U J 0 a J_ U Z 0 U Purchasing Policy April 2018 Change 9 Pa Packet Pg. 100 C. Invitation for Bid — Informal Public projects over $45,000 but less than $175,000 will follow the City's normal bid process with the changes permitted by the informal bid process cited in the Public Contract Code (PCC). (1) The notice inviting bids must be sent to the trade journals or all firms on Purchasing's contractor list, or both, at least 10 days before the bids are due to the City. The notice is not required to be published in the newspaper. (2) A bid bond in an amount equal to at least 10% of the amount of w the bid is required. U J 0 (3) A payment bond in an amount equal to 100% of the contract J value is required for all public projects over $45,000. U Performance bonds may also be required. 0 U (4) The sealed bids will be opened and read in public. W (5) The successful bidder will be the lowest responsible bidder and the contract may be awarded by the City Manager or designee. Plans and specifications do not require the approval of the City Council. D. Invitation for Bid — Formal Public projects over $175,000 will follow the City's normal bid process with the additional requirements of the Public Contract Code (PCC). (1) The notice inviting bids must be sent to the trade journals at least 30 days before, and to the local newspaper at least 14 days before the bids are due to the City. (2) The plans, specifications, and contract award must be approved by the Council. (3) A bid bond in an amount equal to at least 10% of the amount of the bid is required. (4) A payment bond in an amount equal to 100% of the contract value is required. Performance bonds may also be required. (5) The sealed bids will be opened and read in public. (6) The successful bidder will be the lowest responsible bidder and the contract will be awarded by the City Council. E. Acceptance of Public Works Projects, Execution and Recording of Notice of Completion and Release of Bonds Purchasing Policy April 2018 Change 9 Pane 9 Packet Pg. 101 (1) The City Manager is hereby authorized to accept public works projects as complete upon satisfactory completion of the project. (2) Pursuant to Civil Code Section 9200202G, a public works project is deemed complete on the date of acceptance of the project or when there has been a cessation of labor on the project for a continuous period of 30 (thirty) days, whichever date is earlier ("Completion Date."). Within 10 (ten) days of the Completion Date, the City Manager is hereby authorized to sign and cause to be recorded with the County Recorder's Office a Notice of Completion. (3) Pursuant to Civil Code Section 93622125, within 10 (ten) days of recording a Notice of Completion, a copy of the Notice of Completion shall be mailed by the City by registered or certified mail to any stop notice claimant who has paid to the City the sum of two dollars ($2) at the time of filing of the stop notice. (4) The City Manager is hereby authorized to release bonds relating to public works projects upon the recommendation of the City Engineer as follows: (a) The Performance Bond shall not be released until there has been satisfactory completion of the project (b) The Labor and Material Bond (also known as the "Payment Bond") shall not be released until the date of either the final disposition of all stop notices lawsuits or the date the statutory limitation period for filing a stop notice lawsuit has expired without the filing of any stop notice lawsuits, whichever is later (c) Warranty Bonds shall not be released until the warranty period has expired. (d) Maintenance Bonds shall not be released until the maintenance period has expired. VIII. SOLICITATION PROCESS ADMINISTRATION The solicitation process governs the interaction between Purchasing and both City staff and the City's potential business partners. The process must be clear, open, and consistent, and provide a fair opportunity to enter the bidding process. City staff is responsible for ensuring solicitation processes are properly carried out or seek the assistance of Purchasing. 6 w U J 0 a J_ U Z M 0 U A. Sales and Use Taxes — Pricing schedules will clearly call for the taxes included in the pricing for the solicitation. Where out of state vendors Purchasing Policy April 2018 Change 9 Pagq 10 Packet Pg. 102 indicate they are not including/collecting/or paying the use tax or fail to reflect the amount of use tax, staff will determine the amount of use tax. This will be included in the vendor's cost for comparison purposes. B. Solicitation Responses — The City acknowledges the possibility of an imperfect solicitation response. The City believes in the concept of "substantial" compliance and reserves the right to waive or not, minor irregularities. (1) Late sealed bids may not be accepted and shall be returned unopened in accordance with Government Code Section 53068. w U (2) The absence of a signature, except those on the bonds or of the o notary, may be waived if the balance of the response contains °- J those signatures to constitute a valid contract or convey convincing evidence of the intent to enter into a contract. 0 U (3) City staff will be consistent in the application of these sections. W (4) Purchasing Agent or designee will have the authority to accept or reject a request by a bidder to withdraw its bid under Public Contract Code Section 5100 et.seq. Any objections to the decision by the Purchasing Agent must follow the Bid Protest procedures. (5) Purchasing Agent or designee will have the authority to reject a bid as non -responsive. Any objections to the decision by the Purchasing Agent must follow the Bid Protest procedures. (6) Purchasing Agent or designee will have the authority to reject all bids as permitted by the Public Contract Code. (7) The Purchasing Agent or designee shall have the authority to find a bidder is not a responsible bidder as defined in Public Contract Code Section 1103. Any such finding must be in writing to the bidder and include: (1) All information in support of the finding that the bidder is not responsible; (2) A statement that if the bidder objects to the finding of the Purchasing Agent, then the bidder must follow the Bid Protest procedures and (3) As part of the City Manager's review of the protest, the bidder may meet with the City Manager to present its position on the finding. C. Bid Correction Rules — In the case of mathematical discrepancy or discrepancies in the bid submitted, the City shall apply the following Rules to correct the bid amount: (1) Unit prices shall govern over extended item prices. Purchasing Policy April 2018 Change 9 Pag Packet Pg. 103 (2) The total of the extended item pricing, if corrected by Rule #1, will govern over the Total Amount of the Bid. (3) If the Total Amount of the Bid, as submitted by the bidder, has a discrepancy between the number amount and the amount written in words, then words shall govern. This rule shall not apply if the City has corrected the Total Amount of the Bid pursuant to Rule #1 and/or Rule #2. D. Protest Procedures - Any person or entity may present a formal protest to the City with respect to solicitations being conducted by staff. w U (1) Definitions 0 a J (a) "Bidder' - any person or firm providing a timely, written response to the City solicitation. 0 U (b) "Bid Protest" - any protest with regard to the response w submitted by another bidder. (c) "Response" - written response to the City solicitation provided by a person or firm. (d) "Solicitation Protest" - a statement of protest, dispute, challenge, disagreement, disapproval or other objection regarding documents, determinations or actions taken or contemplated by the City with respect to a solicitation. (e) "Solicitation" - document by which the City identifies goods, equipment, services or public construction projects for which it seeks a response. (2) Format The protest must be in writing and include the following information at a minimum: (a) The name, address, and phone number of the protester, or the authorized representative of the protester; (b) The signature of the protester or authorized representative of the protester; (c) The solicitation number and title under which the protest is submitted; (d) A detailed description of the legal and/or factual grounds for the protest and all supporting documentation. For Purchasing Policy April 2018 Change 9 Pag Packet Pg. 104 (3) (4) protests containing elements not based on publicly released information, the protest must contain documentation clearly showing the date on which the protester received the information; and (e) The form of relief requested. Solicitation Protests Protests of any kind regarding the solicitation including, but not limited to, specifications, scope of work, or process, must be received by the City's Purchasing Agent not more than five calendar days after the last day for questions or the last addendum is issued, whichever is later. The decision by the Purchasing Agent on any solicitation protest shall be final. Bid Protest and Review (a) The protest, in the Format specified above, must be submitted to the City Manager by email or by personal delivery or overnight mail (to City Hall, 23920 Valencia Boulevard, Suite 120, Santa Clarita, CA 91355) so that it is received by the City no later than seven calendar days after the bid opening. (b) A copy of the protest must be served upon the bidder subject to the protest in the same manner by which the protest was submitted to the City Manager. Failure to serve the protest upon the bidder subject to the protest is grounds upon which the City may deny the protest. (c) A bidder whose bid has been protested by another bidder may submit to the City Manager a written response to the protest by email or by personal delivery or overnight mail (to City Hall, 23920 Valencia Boulevard, Suite 120, Santa Clarita, CA 91355) so that it is received by the City no later than seven calendar days after the protest has been served by the protesting bidder. (d) The City Manager or designee shall have up to ten calendar days to decide whether to approve or reject the protest. The written decision of the City Manager or designee on the protest shall be served upon the protesting bidder and any bidder subject to the protest within 14 calendar days of receipt of the bid protest. The City Manager or designee may extend the 10 calendar days if necessary to review additional information requested from any bidder. 6 w U J 0 a J_ U Z 0 U Purchasing Policy April 2018 Change 9 Pag Packet Pg. 105 (5) (6) (e) The decision of the City Manager or designee on the bid protest shall be final with no further review. State or Federal Funding (a) If the subject matter of the solicitation or project is receiving any State or Federal funds which require a protest procedure different than the procedures stated above, then that protest procedure shall control. (b) In the event there is any lawsuit filed against the City relating to any federally funded project, the City will provide prompt notice of that lawsuit to all agencies who participated in the funding of the project. Mandatory Procedure. This administrative procedure and the time limits set forth herein are mandatory. Failure to comply with these mandatory procedures shall constitute a waiver of any right to pursue the bid protest, including filing a Government Code claim or any legal proceedings or actions. Purchasing Policy April 2018 Change 9 Pag Packet Pg. 106 SECTION 3.0 SUPPLIES/SERVICES/EQUIPMENT SCOPE This section, in conjunction with Section 1, provides the requirements for the procurement of all supplies, services (other than professional), and equipment. DEFINITIONS A. Supplies - Essential materials required for the effective operation of the City. Includes things such as, office supplies, tools, and repair materials. B. Services - A service vendor (other than professional) generally provides maintenance and/or intangible goods, and does not typically require a license, certification, or other professional criteria to perform the work. This includes services such as equipment maintenance, janitorial, printing, landscaping, and refuse disposal. C. Equipment - Essential hardware required for the effective operation of the City. Includes things such as vehicles, fax machines, computers, and copiers. D. D.D.P — Delivery Duty Paid is a shipping term outlining who is responsible for arranging shipping and the material while it is in transit. D.D.P. destination means the seller arranges shipping and is responsible for the material until it is delivered to the destination and is recommended on all purchases. E. Piggyback - Piggyback is a descriptive term referring to an activity where a third party, not part of the original contract, is allowed to place orders against the contract. REQUIREMENTS A. PURCHASES UNDER $3,000 (1) Coded invoice - determination of price reasonableness is recommended. (2) Evidence of a Contract - (services only) A copy of the completed contract routing sheet is acceptable. LA County is covered under a master agreement for most services. w U J 0 a J_ U z 0 U Purchasing Policy April 2018 Change 9 Pag Packet Pg. 107 C X PURCHASES FROM $3,000 TO $40,000 (1) Product/service description/specifications (2) A minimum of three (3) written quotes (3) Evidence of a Contract - (services only) A copy of the completed contract routing sheet is acceptable. LA County is covered under a master agreement for most services. (4) Purchase order PURCHASES OVER $40,000 (1) Product/service specifications (2) Formal bid process (See Purchasing) (3) Evidence of a Contract - (services only) A copy of the completed contract routing sheet is acceptable. LA County is covered under a master agreement for most services. (4) City Council approval over $50,000 (Cite date of Council meeting and agenda item number) (5) Purchase order "SHOP LOCAL" INITIATIVE (1) All bids and quotes, not using a multi -criteria award designation, are now required to be reviewed on a local preference basis. Local refers to any business having a working address within the City limits. For any bid that would have been awarded to a non- local vendor, where a local vendor has come within 10% of the non -local bid, you must now contact the local vendor and offer them a chance to meet the low bid. If the closest local vendor (within 10%) is not able to meet the bid, the next lowest, local bid, within the 10% threshold will be contacted, and so on, and so on. This will continue until a local bidder has accepted the chance to meet the low bid or, all local bidders within the 10% threshold have been contacted and none could meet the low bid. Then, and only then, will the non -local bidder be awarded the bid. 6 w U J O a J_ U Z O U Purchasing Policy April 2018 Change 9 Pag Packet Pg. 108 IV. GENERAL A. All purchases of supplies/services/equipment over $50,000 require City Council approval, including cumulative and cooperative "piggyback" purchases. B. All purchases that are delivered must be Delivered Duty Paid to the City of Santa Clarita receiving dock. C. A Purchase Order serves as a City contract for supplies and equipment. A formal service contract, including all applicable insurance and bonds, is required for all services. A copy of the completed contract routing sheet is acceptable evidence of a contract. LA County is covered under a master agreement for most services. D. For purchase orders of $50,000 or less (per fiscal year), including those awarded by a formal bid process; the City Manager (or designee) may approve the purchase order. All purchase orders over $50,000 must have City Council approval evidenced by the approved agenda report or the date of the council meeting and agenda item number. E. If you have a requisition that includes Section 3 items (supplies, services, and equipment) and Section 4 items (professional services), it will be processed as a Section 3 requisition unless directed otherwise by the City Manager (or designee). 6 w U J 0 a J_ U Z 0 U Purchasing Policy April 2018 Change 9 Pag Packet Pg. 109 SECTION 4.0 PROFESSIONAL SERVICES I. SCOPE This section, in conjunction with Sections 1 and 2, provides the requirements for the procurement of professional services. DEFINITIONS Professional service - A professional service contractor provides expert or professional advice and generally requires special licensing, certification, w education or professional designation to perform such services. Professional J services consist of the following; accounting, architectural, auditing, O a consulting, engineering, environmental, legal, surveying, or training. —J U Z REQUIREMENTS o U_ A. PURCHASES UNDER $3,000 w (1) Coded invoice (2) Evidence of a Contract - A copy of the completed contract routing sheet is acceptable. LA County is covered under a master agreement for most services. B. PURCHASES FROM $3,000 TO $50,000 ........„gg ...................... (1) Evidence of a Contract - A copy of the completed contract routing sheet is acceptable. LA County is covered under a master agreement for most services. (2) Purchase Order (1) Evidence of a Contract - A copy of the completed contract routing sheet is acceptable. LA County is covered under a master agreement for most services. (2) City Council approval (note date of meeting and agenda item number) (3) Purchase Order Purchasing Policy April 2018 Change 9 Pag Packet Pg. 110 IV. GENERAL A. Formal bids are not required on professional services as they must be selected based on qualifications first, cost second. However, a selection process is required and quotations or proposals are recommended from a minimum of three qualified individuals or firms to ensure adequate comparison and fair pricing occur. Should negotiations prove unsuccessful with the primary professional service provider, written notice must be given to formally terminate negotiations and negotiations shall commence with the second most - qualified firm. B. A copy of the contract or indemnity clauses must be included in all solicitations. C. A contract or letter of agreement specifying all necessary insurance and bonding requirements is required for services under this section. The contract number or copy of completed contract route sheet is acceptable. LA County is covered under a master agreement for most services. Purchasing Policy April 2018 Change 9 Pag Packet Pg. 111 SECTION 5.0 PUBLIC PROJECTS SCOPE This section, in conjunction with Sections 1 and 2, provides the requirements for procurement associated with all public projects and is derived from the State Public Contract Code. DEFINITIONS A. A Public Project (also known as Public Works Projects and includes Capital Improvement Projects) - is defined in the Public Contract Code as follows: "Public project" means any of the following- (1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility; (2) Painting or repainting of any publicly owned, leased, or operated facility; (3) In the case of a publicly owned utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, and electrical transmission lines of 230,000 volts and higher. (4) "Public project" does not include maintenance work. However, maintenance work may require the payment of prevailing wages under the Labor Code, depending upon the scope of the �ontra�t,ICe° c}ill ns>aeara�l ir+�lar raraeasilirtsv tne�A°ga B. Maintenance work - For the purpose of public projects, "maintenance work" includes all of the following- (1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or operated facility for its intended purposes; (2) Minor repainting; (3) Resurfacing of streets and highways at less than one inch; (4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and service of irrigation and sprinkler systems; w U J 0 a J_ U z 0 U Purchasing Policy April 2018 Change 9 Pag Packet Pg. 112 (5) Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, and electrical transmission lines of 230,000 volts and higher. C. Facility - For the purposes of a public project, "facility" means any plant, building, structure, ground facility, utility system subject to the limitation found in paragraph 3 of the public project definition previously stated, real property, streets, highways, or other public works improvement. REQUIREMENTS I_\ x 0 FOR PROFESSIONAL SERVICES ASSOCIATED WITH PUBLIC PROJECTS REFER TO SECTION 4.0 PROJECTS UNDER $3,000 (1) Coded invoice (2) Evidence of a Contract - A copy of the completed contract routing sheet is acceptable. LA County is covered under a master agreement for most services. PROJECTS FROM $3,000 TO $45,000 (1) Product/service descriptions/specifications (2) A minimum of three (3) written quotes (3) Evidence of a Contract - A copy of the completed contract routing sheet is acceptable. LA County is covered under a master agreement for most services. (4) Purchase Order PROJECTS FROM $45,001 TO $175,000 (1) Product/service descriptions/specifications (2) Informal bid process (See Section 2.Vl) (3) Evidence of a Contract - A copy of the completed contract routing sheet is acceptable. LA County is covered under a master agreement for most services. (4) Purchase Order E. PROJECTS OVER $175,000 Purchasing Policy April 2018 Change 9 Pag Packet Pg. 113 (1) Product/service descriptions/specifications (2) Formal bid process (See Section 2.Vl) (3) Evidence of a Contract - A copy of the completed contract routing sheet is acceptable. LA County is covered under a master agreement for most services. (4) City Council approval of plans and specifications as well as the award of contract and expenditure (Cite date of Council meeting and agenda item number) (5) Purchase Order IV. GENERAL A. Project specifications and a contract identifying all insurance and bonding requirements are required for work contracted under this section. A copy of the contract, completed routing sheet or the Risk Manager's authorization by email or memo satisfies this requirement. B. The project manager is responsible for ensuring all requirements of the Uniform Public Construction Cost Accounting Commission Act are followed. U) w U J O a J_ U Z O U Purchasing Policy April 2018 Change 9 Pag Packet Pg. 114 SECTION 6.0 PURCHASE ORDER CHANGES I. SCOPE This section provides guidelines for changing established purchase orders. II. DEFINITIONS A. Change Order - A request to change any entry on an approved purchase order. w III. GUIDELINES J 0 0- A. Generally, any change to a purchase order not affecting any money _J values may be made by Purchasing staff. U. 0 B. Changes resulting in a reduction in the dollar value of a purchase order may be made by Purchasing staff. w C. Changes that result in a purchase order exceeding a quote, bid or City Council approval threshold will be required to comply with the requirements of the new threshold. City Council approval will be required to approve changes exceeding the threshold for City Council approval. D. For change orders to purchase orders originally requiring Council approval, the following guidelines apply- (1) Purchase orders may be established for the Council -approved contract amount, plus any Council -approved contingency amount or $175,000, whichever is less; (2) A change to a purchase order that results in a purchase order total dollar amount less than the Council -approved contract amount plus any Council -approved contingency can be approved by the department head or designee subject to number three below; (3) Cumulative changes greater than $175,000 to a contract that result in a purchase order total dollar amount less than the Council -approved contract amount plus any Council -approved contingency must be approved by the City Manager and may require additional Council approval if deemed necessary by the City Manager; (4) A change to a purchase order that results in a purchase order total dollar amount greater than the contract amount plus any Council -approved contingency requires City Council approval; Purchasing Policy April 2018 Change 9 Pag Packet Pg. 115 E (5) The maximum contingency is 15% unless otherwise approved by the City Manager; (6) The change order process and contingency amounts for all City Council -approved items must be written into the recommended action in the agenda report to effect change orders stated in this policy without returning to City Council for approval. Five specific things should be addressed in the recommended action answering who, how long, how much, contingency amount, and contract/change order signature authority. An example paragraph is as follows: w U "Award contract to XYZ Company for $400,000, $100,000 per o year for four years, and authorize a 15% contingency J expenditure should any change orders to the contract become U necessary. Authorize the City Manager or designee to approve all change orders relating to this contract." See Purchasing for o additional wording for renewals. W For changes to purchase orders not originally requiring City Council approval, the procedures are as follows- (1) A change to a purchase order that results in a purchase order total dollar amount less than the thresholds for City Council approval, or, for supplies/service/equipment, a purchase order total under $40,000 may be approved by the department head or designee; (2) A change to a purchase order for supplies/service/equipment that results in a purchase order total dollar amount from $40,000 to $50,000 per fiscal year must be approved by the City Manager or designee; (3) A change to a purchase order that results in a purchase order total dollar amount greater than the threshold limits requiring Council approval must be approved by the City Council. Purchasing Policy April 2018 Change 9 Pag Packet Pg. 116 SECTION 7.0 SUPPLIER RELATIONS SCOPE This section provides guidelines for employees participating in transactions on behalf of the City. See also the Purchasing Standards of Conduct Policy, Appendix A. ANTI-TRUST LAWS Personnel performing a purchasing function shall not demand or negotiate a w special pricing structure from a supplier that the supplier is not willing to offer J to other customers under similar conditions and terms. 0 a J Violations of the antitrust laws in any of the City's operations may have far- z reaching effects, causing substantial injury to the City in lengthy and 0 expensive litigation, significant damage liability and injunctions or orders U affecting property and/or business. An employee who participates in a Z violation may be individually and personally subject to fine or imprisonment. :i CONFLICT OF INTEREST Employees engaged in the purchasing function are expected to be free of interests or relationships which are actually or potentially malicious or detrimental to the best interests of the City, and shall not engage or participate in any commercial transaction involving the City in which they have a significant undisclosed financial interest. Any employee engaged in purchasing who has assumed, or is about to assume, a financial or other outside business relationship that might involve a conflict of interest, must immediately inform the supervisor of the circumstances involved. This information is to be reviewed at an appropriate level for decision on whether a conflict of interest is present and, if so, what course of action is to be taken. Therefore, a conflict of interest exists where an employee: A. has an outside interest that materially encroaches on time or attention which should be devoted to the affairs of the City; B. has a direct or indirect interest in or relationship with a non -employee that is inherently unethical or that might be implied or construed to be unethical, or make possible personal gain due to the employee's ability to influence dealings; render the employee partial toward the outsider for personal reasons or otherwise inhibit the impartiality of the employee's business judgment; place the employee or the City in an ambiguous, embarrassing or ethically questionable position; or reflect on the integrity of the City; Purchasing Policy April 2018 Change 9 Pag Packet Pg. 117 C. takes personal advantage of an opportunity that properly belongs to the City. IV. SUPPLIER SAMPLES When suppliers offer samples for evaluation, they will be accepted only under the following conditions: A. The product is one that is of a type presently in use or is of potential use to the City. Samples of goods not likely to be purchased must not be accepted; B. The quantity or size of the sample is relatively small and of low value. The object of a sample is the examination of its fitness for our service - not to provide an inventory of the material; C. Any chemical offered as supplier samples shall not be accepted unless accompanied by an OSHA Material Safety Data Sheet; (must be kept on file with individual department accepting sample and a copy submitted to Technology Services for inclusion in the Fire Safety Manual); D. If supplier samples are accepted, they shall be promptly conveyed to the appropriate department for testing. Personal use of samples is prohibited. The supplier is entitled to a prompt evaluation of the given sample. In the event a sample is requested from a supplier to evaluate its applicability to a particular situation, such samples shall be purchased. V. SUPPLIER TRANSACTIONS It is the City policy to maintain and practice the highest possible standards of business ethics, professional courtesy and competence in all dealings. At all times, applicable laws must be scrupulously observed. In this regard, the following should be observed when dealing with suppliers and their representatives: A. Accord prompt and courteous reception as well as fair and equal treatment to all suppliers and their representatives; B. Ensure vendors are not precluded from providing price and specification quotations; C. Ensure the confidentiality of all specifications and price quotations or bids made by suppliers until all quotations or bids are received and the contract is awarded; 6 w U J 0 a J_ U Z 0 U D. Explain as clearly as possible to suppliers the reason for rejection of their quotations upon request; Purchasing Policy April 2018 Change 9 Pag Packet Pg. 118 VI E. Remain scrupulously free from obligations to any Contractor; F. Ensure all vendors receive equal treatment and information. If one vendor receives information as a result of questions asked then all vendors must be given the same information unless such information is already contained in the solicitation. Any changes to or extensions of a solicitation should be made prior to the due date for the responses. Once the due date has arrived the process must be completed. Re- bidding should be restricted to substantive changes in the specifications. SUPPLIER PERFORMANCE Most suppliers take great care to ensure their products and service meet the City's high standards. On occasion a product or service may not meet the City's expectations for one reason or another. Staff needs to ensure that the level of quality contracted for is the level of quality received. To this end, Purchasing has some basic steps to take if staff encounters such a situation. A. The first step is to provide feedback to the company. This is a good idea whether there have been problems or not. C. For minor mistakes, notify the supplier as soon as possible. Mistakes happen on occasion and most companies will correct the problem rapidly and at no cost if notified without delay. D. For more serious situations, provide the notification by letter and in detail. The detail should include a request for remedy if appropriate. E. Always let Purchasing know as soon as any problems arise. Purchasing can help you work through any problems with your vendor Always provide copies of any documentation to Purchasing. The City has no debarment policy (this means you cannot prevent a company form responding to a solicitation) but awards go to the lowest responsive, responsible contractor. Past performance, if well documented, can be included in the determination of whether a company is responsible. Do not hesitate to contact Purchasing if any questions arise. 6 w U J 0 a J_ U Z 0 U Purchasing Policy April 2018 Change 9 Pag Packet Pg. 119 SECTION 8.0 POLICY EXCEPTIONS I. SCOPE This section provides information on exceptions to this policy such as sole source selection and emergency purchases. DEFINITION A. Sole Source — The services/products provided by the supplier are proprietary or unique in nature, such as patented or copyrighted w material or an artist or performer's work; J 0 a B. Single Source — U Z (1) The supplier is the only source known to the City after a n 0 reasonable search for other suppliers has been conducted; `J -or- u, (2) The current work requirements are an extension of the original z work and substantially rely on the experience gained during the w original work. C. A Single/Sole Source form has been created by Purchasing and is required for all department directed Single/Sole Source requests. See Appendix I. D. Emergency - A situation that threatens life or property. Time constraint is NOT an adequate justification for an emergency purchase. Refer to Section 9.0 PROCUREMENT DURING A PROCLAIMED EMERGENCY O ISAST for details. GENERAL A. No purchase orders are required for employee benefit payments. B. No quoting or bidding is required for purchases of products or services from a validated sole source. C. Grants made by the City are not considered purchases and are not subject to the Purchasing Policy. An encumbrance may be established if desired. When the grant is disbursed, care must be taken to reference the encumbrance number (same as a purchase order number) to ensure the funds are disencumbered. D. The formal bid process is waived for the purchase of information, technology, goods, or services which may be acquired through the quote procedures described in Sections 3.12.230 through 3.12.260 of the Municipal Code. Purchasing Policy April 2018 Change 9 Pag Packet Pg. 120 E. Purchases for materials, equipment, or services may be exempt from the requirement for competition by the City Manager in the event of an emergency. City Council will ratify any such procurement that would normally have required City Council approval at the next City Council meeting. Refer to section 9.0 PROCUREMENT DURING A PROCLAIMED EMERGENCY OR DISASTERfor details. F. All policy exceptions and justifications must be noted in the comments or text field of the purchase requisition. G. For non-public project purchases, any exceptions other than those w above require City Council approval. J 0 H. For public projects, the only allowed exception is in cases of °- J emergency. Refer to section 9.0 PROCUREMENT DURING A � PROCLAIMED EMERGENCY OR DISASTERfor details. z 0 U Purchasing Policy April 2018 Change 9 Pag Packet Pg. 121 SECTION 9.0 PROCUREMENT DURING A PROCLAIMED EMERGENCY OR U-3 MM a an emergency or disaster, to allow the City is able to effectively obtain the aoods or services reauired in such circumstances. A The regulations in Title 2 of the Code of Federal Regulations, Part 200, as it may be amended from time to time, are incorporated herein by reference. 0 11. DEFINITIONS 0- -j U For purposes of Section 9.0, the following definitions apply: z 'n 0 A. "Proclaimed emergency or disaster" — a situation in which the president or U LU governor has declared or proclaimed a state of emergency for an area that z n includes the geographic territorV of the City or a local emergency has been a LU proclaimed and is currently in effect, as provided in the Santa Clarita w Municii)al Code. a LU U) "Public exigency or emergenc 11 - --v situation, related to a proclaimed ir- 0 emergency or disaster, which demands immediate aid or action and/or presents an immediate threat to public health, life, safety, or improved Propertv, as further defined in administrative regulations or policies. 0 0- C. "Purchase(s)" - the purchase(s), rental(s), or lease(s) of goods or services 4) Ch M related to a proclaimed emergency or disaster. D. "Simplified acguisition threshold" - the dollar amount below which a non- federal entity may purchase property or services using small purchase E methods, as set forth in Title 2 of the Code of Federal Reaulations, Part 200, as it mav be amended from time to time. MAN 0 ........... B. Competitive p ocurements for purchases equal t or ire the simplified acquisition threshold shall be conducted in accordance with the following alt�rnt purchasing d- u- re ss, proce. (1) Public Announcement ® For public posting cf muests for proposals or solicitation of bids, the Purchasing Agent may use Purchasing Policy April 2018 Change 9 Pagq 30 1 Packet Pg. 122 F-I City Hall, the public libra(y, or other locations as specified by the Purchga[Eg_&Apent. The Purchasina Aaent mav shorten the normal such period shall be no less than twenty-four (24) hours. low, I mm 1 "1'0", I'll "I 11mg se,gled bids or r)ror)osgls frort noteslipl SLJr)r)liers. The PL-jrch,954a FNIMIfar. AIma NMI MOIN ma-MMMITOMFOWSWORM an, U) telephonic, e-mail, or online/internet outreach in order to obtain these responses. The Purchasing Agent may shorten the typical 0 period for responses to be submitted to expedite award, but such period shall be not less than twenty-four (24) hours. A minimum of three (3) responses from gualified sources shall be obtained. All z bids or proposals received, includina those deemed nonresponsive 0 bv the Purchasina Aaent, shall be counted toward meeting the LU z minimum reguirement. LU IV. PROCEDURES FOR NONCOMPETITIVE PROCUREMENTS a o A. Non=221i�����used when one (1) or ore of the followinq circumstances exist'. 0 (1) Public exigency or emergency will not permit a delay resulting from 0 (2) The item is availably �nly fr�rn singly source; Ch M (3) After solicitation of a number of sources, competition is determined or _g ingot; ae (4) The federal awarding a gncy or pa ss-throuqh entitv exoressiv E e authorizes nignigigmigetitive proposals in response to a written request from the nonfed� �Ient�it. 1�mlm 11 1 1 IsIM noncompetitive procurement in accordance with established procedures. MINN." Purchasing Policy April 2018 Change 9 Pags- "Al I Packet Pg. 123 vmmmm�, :�,. shall be no less than twenty-four (24) hours. the authoritv to rescind a purchase contract for nonperformance within w twenty-four 2n a contractor or vendor, once awarded a L4Ihours when , _ 0 contract, is unable to immediately perform under the terms of the contract. z 'n 0 U LU z -j a LU w Purchasing Policy April 2018 Change 9 Pagq 32 1 Packet Pg. 124 SECTION GRA TUI TIES 041irelZ This section provides guidelines on the acceptance of gratuities. w U DEFINITION o a J Gratuity - a payment, loan, subscription, advanced deposit of money, service, U z or anything of more than nominal value, present or promised, without o expectation of substantial, equal, or greater consideration in return. U GENERAL A. Employees may accept items such as coffee cups, pencil holders, pens, etc. in the instance where- (1) The item is valued at less than $25; - and/or — (2) The name of the offering firm is clearly displayed on the item for purpose of advertisement and the item is not displayed in a conspicuous manner; (3) Any edible item such as fruit or candy may be accepted but must be consumed by the department accepting the item. B. Any employee accepting gratuities over the amount specified in paragraph III.A.1 will be attended to in accordance with established personnel policies. Purchasing Policy April 2018 Change 9 Pag Packet Pg. 125 SECTION 4-0,011.0 SURPLUS/TRANSFER OF PROPERTY SCOPE This section provides the requirements for the transfer or sale of City -owned property. DEFINITION A. City -owned property - any supplies, materials or equipment purchased by or donated to the City for City use. B. Surplus - no longer in use for the purpose for which it was originally purchased. GENERAL A. The Administrative Services Director, or Designee, may, by direct sales or otherwise, sell or dispose of City -owned property approved by the City Manager for such disposal. B. No member of the Council and no employee shall be permitted to purchase any City -owned property except those items disposed of in an open public auction and only through participation in said auction. C. The City Council may authorize transfer of City -owned property for non -monetary consideration to public agencies, educational institutions, or for other such uses deemed to be in the public's interest. D. The City Manager, or designee, shall have the authority to dispose of City -owned property by donation to local schools or non-profit organizations when the estimated value of such City -owned property is less than one thousand dollars ($1,000). U) w U J 0 a J U Z 0 U Purchasing Policy April 2018 Change 9 Pag Packet Pg. 126 SECTION PURCHASING WITH SPECIAL FUNDS SCOPE This section provides the requirements for the use of special funds for purchasing supplies, equipment, and services. DEFINITION A. Special funds - proceeds of specific revenue sources that are restricted to expenditure for specified purposes. B. Granting agency - The state, federal, or other agency granting funds to the City for expenditure. GENERAL Special funds may come with restrictions on the expenditure of those funds. For example, some funds may only be used to support a specific program and funds from federal sources generally require the purchasing process to follow federal procurement guidelines as well as those of the granting agency These requirements may be complex and time consuming and should be considered when planning expenditures. The restrictions supplement and take precedence over City procedures. It is the responsibility of the group making the purchase with special funds to ensure compliance with any requirements of the granting agency. These conditions on expenditure are usually included with the grant but may also be found in legislation or regulations associated with the source of the funds. The City group receiving such funds will ensure proper distribution of all information regarding the use of special funds received. Purchasing will assist in the determination of such regulations and their application at the request of the using department. U) w U J 0 a J U Z 0 U Purchasing Policy April 2018 Change 9 Pag Packet Pg. 127 VI SECTION 4-2,013.0 SUSTAINABLE PURCHASING SCOPE This section provides the requirements in support of sustainable purchasing of supplies, equipment, and services. The City has adopted an Environmentally Preferable Purchasing (EPP) Program included as Appendix H. This program provides general guidance towards improving the sustainable purchasing process. Additionally, the State Public Contract Code outlines some specific requirements for cities to follow. DEFINITION A. Recycled products — For the purpose of compliance with the State Public Contract Code, recycled products means printing and writing paper, paper products, mulch -compost and related products, glass products, lubricating oils, plastic products, paint, antifreeze, tires, tire derived products, and metal products. C. Businesses - includes bidders, contractors, and other interested parties that provide services to, or sell products to, the state. D. Postconsumer material - means a finished material that would have been disposed of as a solid waste, having completed its life cycle as a consumer item, and does not include manufacturing wastes. GENERAL State Public Contract Code Section 22150 requires cities to purchase recycled products if fitness and quality are equal and the recycled items are available at the same or lesser total cost as non -recycled items. State Public Contract Code Section 22152 requires cities to require businesses to certify in writing the minimum, if not exact, percentage of postconsumer materials in the products, materials, goods, or supplies, offered or sold. All printing contracts shall require recycled content paper. Appendix H provides additional information to support the Council's goal of supporting sustainability. REQUIRED ACTIONS A. All City purchases will encourage businesses to identify potential recycled product candidates with postconsumer waste. They may be offered as alternatives to or equivalents for any products requested. U) w U J 0 a J U z M 0 U Purchasing Policy April 2018 Change 9 Pag Packet Pg. 128 B. All City purchases will require responding businesses to certify the postconsumer content of the products being offered even if that content is zero. C. All City contracts resulting in printed materials will require the printing to be on recycled paper. 6 w U J O a J_ U Z O U Purchasing Policy April 2018 Change 9 Pag Packet Pg. 129 may obtain a City procurement card. The procurement card allows employees to purchase goods under the City's Purchasing Policy threshold. It eliminates the need to aenerate a reguisition when the purchase is for less than the current purchase order threshold. ..................... 71 that may be easily convertible to personal use. A. Am)ointinq Cardholders and Approving Officials - Procurement cards may only be issued to regular employees. In limited exceptions, procurement cards may be issued to part-time employees with the approval of the City Manager or designee. Procurement cardholders and am)rovina officials will be am)roved bv the Dei)artment Director or designee. The approving official will typically be the cardholder's ao.2rvisor. Exceptions to this policy will be approved by the City Manager or designee. pro ram, all accounts will be open to internal audit reguirements. Monthly review of transactions may be conducted by the internal procurement card team. The procurement card program will also be included in the Ci!Y' s annual financial audit. Each audit will include a review of thefto ra as well as a sample of overall cardholders. & ...... ........ Program Coordinator must be contacted within 10 days to noti him/her of changes. Cards must be returned to the Program Coordinator. "all MW 111111101"M 11101111WOMM Purchasing Policy April 2018 Change 9 Pagq 38 1 Packet Pg. 130 W5, the City for an extended period, please seek assistance from the Program Coordinator to determine the best options to cover the Drocurement card resDonsibilities. includina. but not limited to. I E. Resig nation/Term i nation of Employment — A procurement cardholder must return the procurement card to the Proqram Coordinator upon the resignation or termination of employment with the City. Supervisors must collect cards as part of the employee check-out process, and return cards to Purchasing within 5 days of procurement cardholder's separation of employment. 0110014B,141 MM1041" d''I'l M" 134114 " M'"I"I'll"IMAMMOM, M-041111"MJON for personal use even if reimbursement is intended. WISMI MW RwwM report a lost, misplaced, or stolen procurement card could result in the City being held responsible for any charges incurred. ................ IVFFTIMWF� U) LU 0 (L -j 3 z 0 U LU z LU w Purchasing Policy April 2018 Change 9 Pagq 39 1 Packet Pg. 131 ,,,,F-e-2 �I [),2j,2gy �,2,[yjces4T Manager or designee M. Tuition Reimbursements 6� LU IV. PLACING ORDERS WITH THE PROCUREMENT CARD 0 0- When invo an -j U ag2pt of the City of Santa Clarita and are responsible to act in the best z interest of the City. Actions must not show personal favoritism to a merchant 0 at the exp nse of the Cit y z Cardholders Are to properly document all procurement actions. This _LggjuiLed includes, but is not limited to, recording all information on the transaction and obtaininQ receipts for the items purchased. If a receipt is not offered, one must be regL2st pt failures to obtain and forward receipts may U) result in loga_gLcard 0_privileges. 0- 0 A. Transaction Limits ® There are two types of transaction limits determined whin the procurement card is ordered. These limits my be raised, but must be submitted in writing by the Division Man r 0 with approval of the Depart ent Director. Ch (1) Dollars per tr ns ction (single purchase limit) 2 (2) Monthly limit ® limit set per cardholder, at p rtm nt's discretion. E B. Documenting Transactions ® Cardholders must maintain the fcllcwin records and documentation, NIN. mmmm WYjtivawpjtjuo pjjmkml=+� (3) Pertinent information to record for each transaction includes: J2Lj[2n22gjjgDZpurchase date Purchasing Policy April 2018 Change 9 Pagq 40 1 Packet Pg. 132 1,11,11VIOMM"', 11 I'll I'll I'll I'll "I "1 11 11 11 1 1 1 � " , 0 I I I I 11=6 M '' 0101M ........... WJmMut OMM - I I'll the cardholder's responsibility. Cardholders must communicate with merchants to process returns, correct billing errors, and ensure the proper credit has been issued. In most cases, returns and errors can be resolved direct1v between the cardholder and the merchant. any circumstances be used for personal business. In the event that a personal charae is accidentally made, it is imperative to immediately '.+ . ............... .............. 11�011111 I !1! 11 1 1 1 ram ............ Hill NOW V........... Procurement cardholders are reguired to substantiate all transactions shown on their month1v billina statements, and edit the account code(s) for accurate cost accounting. Once the statement is received, cardholders have am)roximate1v one (1) week to complete verification. If a cardholder is unavailable to complete the reguired review during this time, they are responsible for designating someone in their area to complete it in the cardholder's absence). The approvin official is res onsible for ensurin each 6. urchase transaction is W =. I M, 4, wo WE 14 1, m WS. My WOMAWMMMA ...... 'll, I - 10,11111MORM 0-1911.MMif WWMSJKKWAM11mmS� Purchasing Policy April 2018 Change 9 Pags- 41 1 Packet Pg. 133 WS M, TIRE 'm MMMMWORmomwomm KIM 61MIUMMI&I vigmem submitted to Finance for processi.ng. ONATA r-44#1 16 11=10, MEMO to A4 -,1501W 'War IVIAMOJI1111mgm Opolif. 111111111�g�ii they do not receive a statement and have charqed items on a procurment card. B. Timely Statement Submission - The City earns rebates based on the timeliness of payments. These payments can't be made until all cardholder statements have been reconciled and turned in to Accounts Payable for payment. Lengthy delays in submitting statements ma notifv the ixocurement card comanv that a specified charae(s) WMAMMEM e, Imm W1,1111 a MORI MI MMLIE mmmm WEI plill (MR= 7111110 INIM111MI � 1 � Contact the procurement card bank for instructions on how to proceed. action. This means a cardholder has reason to believe procurement card information is being used by another pgg�Lto place unauthorized orders. [0119=M IMMMMEM mi iii�mii m -own ..................... Purchasing Policy April 2018 Change 9 Pags- 49 1 Packet Pg. 134 6� LU 0 (L -j U z 'n 0 U LU z -j a LU w Purchasing Policy April 2018 Change 9 Pagq 43 1 Packet Pg. 135 APPENDIX A PURCHASING STANDARDS OF CONDUCT CITY OF SANTA CLARITA Standards of Conduct Background for Purchasing Staff In recognition of the special trust inherent in Purchasing Staff positions charged with guiding the expenditure of public funds, the highest standards of conduct are considered essential. These expectations are reflected in the Standards of Conduct established by this policy and are applicable to all city employees assigned to Purchasing under the supervision of the Purchasing Agent. The California Code of Regulations and State Government Code provide basic guidance regarding financial conflicts of interest. The intent of this policy is to supplement the financial conflict of interest regulations with broader standards of conduct and cover procurements involving federal funds. POLICY All conflict of interest regulations as stated in the California Code of Regulations and Government Code are considered an integral part of this policy. No part of this policy will alter or supersede any portion of the City or State guidance on conflict of interest. All requirements of this policy are additive to the City and State guidance. In order to prevent the perception of favoritism, all administrative processes will be followed diligently, consistently and openly. One of the primary responsibilities of public servants is the protection of public confidence and trust in the integrity of governmental processes. Any conduct which may detract from this trust is prohibited. The mere "appearance" of a conflict of interest may result in the same damage to public trust in government as actual wrongdoing. Action or inaction that results in the "appearance" of conduct prohibited by this policy is also prohibited. DEFINITIONS Financial interest — Financial interest will be the same as defined in the Statement of Economic Interest Form 700. Immediate family member — Parents, siblings, spouse or partner, parents and siblings of spouse or partner and children. Organizational conflict of interest — Organizational conflicts may result in bias or unfair competitive advantage. An organizational conflict of interest occurs where — because of other activities, financial interests, relationships, or contracts — an employee or contractor is unable, or potentially unable, to render impartial assistance or advice to the City; the 6 w_ U J 0 a J U z 0 U Purchasing Policy April 2018 Change 9 Appendix A Page 1 Packet Pg. 136 employee or contractor's objectivity in performing work is or might be impaired; or a contractor has an unfair competitive advantage. , z Personal conflict of interest — A personal conflict of interest arises when an employee or immediate family member has a financial interest in a firm selected, or competing, for a contract. A personal conflict of interest also arises where any employee solicits or accepts gifts, gratuities, favors, or anything of monetary value from a firm under contract or potentially seeking a contract. In addition, a personal conflict of interest arises where any such person uses his position, or non-public information gained during his work for the City, for personal gain, including gain inuring to an immediate family member. Personal gain — includes gain inuring to immediate family members unless otherwise stated. Purchasing staff — The Purchasing Agent and any employee under the supervision of the Purchasing Agent. STANDARDS OF CONDUCT Purchasing staff will: A. Avoid the intent and appearance of unethical or compromising practice in relationships, actions, and communications. B. Avoid any personal business or professional activity that would create a conflict between personal interests and the interests of the employer. C. Immediately report any potential conflicts of interest to their supervisor. D. Avoid soliciting or accepting money, loans, credits, or preferential discounts, and the acceptance of gifts, entertainment, favors, or services from present or potential suppliers that might influence, or appear to influence, procurement recommendations or decisions. E. Refrain from the use of City property or resources for personal advantage. F. Avoid inequitable treatment of vendors to include, favoritism, unnecessary use of brand names and organizational conflicts. G. Handle confidential or proprietary information with due care and proper consideration of ethical and legal ramifications and governmental regulations. 1. PERCEIVED IMPROPRIETY Purchasing staff will avoid the intent and appearance of unethical or compromising conduct in relationships, actions, and communications. The consequences of a perceived impropriety can be the same as consequences of an actual impropriety. Therefore, it is essential that any activity or involvement between Purchasing staff and active or potential suppliers which in any way diminishes, or even I - Generally, an organizational conflict arises because a person or entity has or appears to have loyalties to, or a financial interest in, two organizations that may have competing or differing interests from each other -- one of them being the grantee. For example, an organizational conflict would arise if an employee or a consultant serves as a member of a public or quasi -public body with regulatory authority over a proj ect or has a stake in its outcome. This arises most often where architects sit on design review or zoning boards. z - Federal transit law requires grantees to award contracts through a process of full and open competition. Organizational conflicts of interest that give any party an unfair competitive advantage impede full and open competition, and thus are considered "restrictive of competition" under Paragraph VL2.a(4)(h) of FTA Circular 4220.1 F. w_ U J 0 a J_ U Z 0 U Purchasing Policy April 2018 Change 9 Appendix A Page 9 Packet Pg. 137 appears to diminish, open and fair treatment of suppliers shall be strictly avoided. Those who do not understand the circumstances will judge based on appearances. Purchasing staff must consider this and act accordingly. The following are recommended guidelines in dealing with perception: • Situations may occur in which, through unanticipated circumstances, a business relationship transpires with a personal friend. The perception (as well as the potential) of a conflict of interest should be discussed with management, and a reassignment of procurement responsibility should be considered. • Business meeting locations should be carefully chosen. Environments other than the office may be perceived as inappropriate by the business community or by co- workers. • Displays of personal preference may give an impression of impropriety and should be avoided. Conversation that delves excessively into personal affairs should be avoided. • Positive action should be taken by management to alleviate suspicion of impropriety. This does not mean you or your immediate family cannot have friends in the business community or even ones that do business with the City. What it does mean is that when they become involved with a purchase or contract, you must notify your supervisor. 2. CONFLICT OF INTEREST Avoid any personal business or professional activity that would create a conflict between personal interests and the interests of the employer. Purchasing staff must not use their positions in any way to induce another person to provide any benefit to themselves, or persons with whom they have family, business, personal, or financial relationships. Even though a conflict may not technically exist, staff must avoid the appearance of such a conflict. Whenever a potential conflict of interest arises, the employee should notify the appropriate supervisor for guidance or resolution. The following are recommended guidelines to avoid conflicts of interest: Conduct to be Avoided Engaging in outside business, or employment by an outside organization, which may encroach upon the supply professional's primary responsibility of loyalty to the goals of the City. Engaging in improper personal business with or employment by, an organization which has or may conduct business with the City. Examples include but are not limited to: a) Owning or leasing any property with knowledge that the employer has an active or potential interest therein. b) Having a direct or indirect interest in or relationship with a non -employee that is inherently unethical or that might be implied or construed to be unethical, or make possible personal gain due to the employee's ability to influence dealings; render the employee partial toward the outsider for personal reasons or otherwise inhibit the impartiality of the employee's business judgment; place the employee or the City in an ambiguous, embarrassing or ethically questionable position; or reflect on the integrity of the City. U) w_ U J 0 a J_ U Z 0 U Purchasing Policy April 2018 Change 9 Appendix A Pa Packet Pg. 138 c) Taking personal advantage of an opportunity that properly belongs to the City or using City property or resources for personal gain. d) Using the City's name (unless authorized) to lend weight or prestige to sponsorship of a political party or cause, or endorsing the product or service of another organization. • Taking personal advantage of an opportunity that properly belongs to the City or using City property or resources for personal gain. • Willfully or unlawfully concealing, removing, mutilating, falsifying or destroying any government document or record, nor will he or she make any false or fictitious statements in connection with any official matter, document or record. Personal Investment FLU U_ Ownership of stock in a supplier or potential supplier of goods or services should be J 0 reported to the supervisor for review and guidance to avoid the potential for impropriety. a Interests by members of the professional's immediate family are considered to be of the same significance as direct ownership. 0 Outside Activities U Purchasing staff must not use their position with their employer when participating in outside educational, professional, political, philanthropic, social, or recreational activities, which might be detrimental to their employer's business or reputation. 3. ISSUES OF INFLUENCE Avoid soliciting or accepting money, loans, credits, or preferential discounts, and the acceptance of gifts, entertainment, favors, or services from present or potential suppliers that might influence, or appear to influence, supply management decisions. Those in a position to influence the supply process must be dedicated to the best interests of the City. It is essential, for all in a position to influence a purchasing decision, to avoid any activity which may diminish, or even appear to diminish, the objectivity of the decision making process. In some circumstances, items which could be considered an issue of influence may be a bona fide business activity. In such cases, extreme care should be taken to evaluate the intent and the perception of acceptance of such an offer to ensure: • It is legal. • It is in the best interests of the City. • It will not influence the purchasing decision. • It will not be perceived by peers or others to be unethical. Sources of influence include: • Management Policies • Gifts, Gratuities, and Entertainment • Product Samples • Business Meals • Personal Relationships Purchasing Policy April 2018 Change 9 Appendix A Paged Packet Pg. 139 • Political Considerations • Advertising • Specifications and Standards The following are recommended guidelines when dealing with issues of influence: Gifts, Gratuities, and Entertainment Gifts, gratuities, and entertainment include material goods, services, or activities offered with the intent of, or providing the potential for, influencing a buying decision. As such, these may be offered to a supply professional or to other persons involved in the procurement process (or members of their immediate families). They may be offered in various forms. • Extreme caution must be used in evaluating the acceptance of gifts, gratuities, or entertainment, even if of nominal value and the frequency of such actions (the collective impact) to ensure that one is abiding by the letter and the spirit of these guidelines. • Soliciting gifts, gratuities, or entertainment in any form for yourself, other staff or the City is unacceptable. • Avoid accepting monies, credits, and prejudicial discounts. • Comply with the nominal value established by the City Manager memo to address supplier offerings of nominal value as a gesture of goodwill, or for public relations purposes. • Refuse gifts exceeding nominal value, and return them with a polite explanation, or if perishable, either return the gifts or donate them to a local charity in the name of the supplier. • Seek direction of management if concerned that a business relationship may be impaired by refusal of a gift, gratuity, or entertainment. Business Meals Occasionally, during the course of business, it may be appropriate to conduct business during meals. • Such meals shall be for a specific business purpose. • Frequent meals with the same supplier should be avoided. • Purchasing staff must pay for their share of the meal expenses. Personal Relationships Personal relationships are an inherent aspect of supply management. Purchasing staff interact extensively with suppliers' representatives. Individuals in many other functional areas in both the buying and supplying organizations also interact extensively with each other. The development of personal relationships from such interactions is both expected and desirable as it leads to relationships based on understanding and trust. It must also be recognized that the purchasing decision must not be influenced by anything other than what is in the best interest of the organization, and that personal relationships that develop beyond what is necessary to ensure understanding and trust may be inappropriate. It is important, therefore, for staff to closely monitor the nature of relationships with suppliers' representatives to ensure that personal friendships do not develop that would result in decisions not in the organization's best interest. U) w_ U J 0 a J_ U Z 0 U Political Considerations Purchasing Policy April 2018 Change 9 Appendix A Pa Packet Pg. 140 All organizations are subject to internal and external forces and pressures. Internal forces and pressures result from an organization's culture. External forces and pressures consist of economic conditions, laws, regulations, public opinion, special interest groups, and political entities. The negative influence of internal and external forces and pressures on supply management can be minimized when the organization adopts practices based on ethical principles and standards. Advertising Care should be exercised when accepting promotional items or participating in activities which tend to promote one supplier over another, or could be perceived as favoritism for a supplier by staff. Purchasing Staff will be sensitive to the appearance of numerous w promotional items when meeting with representatives of other suppliers. Specifications and Standards J 0 0- Purchasing staff must ensure that specifications and standards are objectively written in a J manner that encourages competition when appropriate, excludes unnecessary restrictive z requirements, and appropriately defines quality. 0 U 4. CONFIDENTIAL AND PROPRIETARY INFORMATION LU Z Handle confidential or proprietary information with due care and proper consideration of ethical and legal ramifications and governmental regulations. Companies must appropriately mark as confidential only that information meeting the criteria. Proprietary and confidential information requires protection to the extent permitted by the state's Public Records Act. Such information may or may not be upheld by patent, copyright, or non -disclosure agreement. Proprietary and confidential information should be released to other staff only as necessary in the performance of their duties. It is the responsibility of the individual sharing confidential or proprietary information to ensure that the recipient understands his or her obligation to protect such information. Examples of information which may be considered confidential or proprietary include: • Pricing • Bid or quotation information • Cost sheets • Formulas and/or process information • Design information • Organizational plans, goals, and strategies • Profit information • Asset information • Wage and salary scales • Personal information about employees, officers, and directors • Supply sources or supplier information • Computer software programs Requests for confidential information will be referred to the City Clerk as a Public Records request. Such requests for confidential information will normally be reviewed by the City Attorney. Purchasing Policy April 2018 Change 9 Appendix A Pa Packet Pg. 141 5. SUPPLIER RELATIONSHIPS Fairness and impartiality should be extended to all legitimate business concerns. While it may be desirable to build long-term relationships with selected suppliers, such relationships should not eliminate opportunities for new suppliers or deter the potential of establishing similar working relationships with other suppliers. 6. RECIPROCITY Avoid improper reciprocal agreements U) If Purchasing staff influences a supplier to be a customer, the professional or the w organization is engaging in a practice known as reciprocity. These purchasing actions are J illegal if they tend to restrict competition or trade or if they are coerced, since such acts may a be construed as "restraint of trade" in violation of Sections 1 and 2 of the Sherman Act. U Purchasing staff must be able to recognize reciprocity and its ethical and legal implications. o U Reciprocity is both a legal and an ethical issue that may result in legal sanctions against the w City, its management, and/or its procurement staff. z The following are recommended guidelines in dealing with reciprocity: • Procurement strategy must include a positive effort to oppose any corporate or organizational commitment to, or pursuit of, any form of improper reciprocity. • Purchasing staff should become sufficiently knowledgeable of the provisions in antitrust laws to recognize a potential legal problem and to know when to seek legal counsel. • If a supply management professional believes the potential for improper reciprocity exists, or is being encouraged by marketing or management to engage in reciprocity, legal counsel should be sought. INFRACTIONS Failure to comply with the standards of conduct may result in administrative action in accordance with the City's Human Resource policies and procedures. Purchasing Policy April 2018 Change 9 Appendix A Pa Packet Pg. 142 APPENDIX B SUMMARY OF RESOLUTIONS AFFECTING PROCUREMENT Council RESOLUTION 93-09, RECYCLED PRODUCT PROCUREMENT A. BACKGROUND As businesses and communities grow, the ability of landfills to absorb the refuse is diminished and the hazard to the environment increases. The use of recycled items removes material from the refuse chain, extending the life of landfills. By fostering markets for recycled materials, the City serves a leadership role in promoting similar w procurement practices within all City departments, private businesses J and the general public. Appendix C further clarifies some of the terms O a used below. U Z B. PROCEDURES o U 1. Comply with City Council Resolution 93-09. u, 2. Recycled products are purchased in preference, highest percentage of post -consumer recovered material followed by highest percentage of pre -consumer recovered material. 3. A 10% price preference may be given to recycled, reusable or products designated to be recycled when offered as alternatives to non -recyclable products. The preference shall be based on the lowest bid or price quoted by the supplier offering recycled products. 4. Equipment acquired by the City shall, whenever practical, be compatible with the use of recycled content products. 5. Product specifications and performance standards shall not require virgin material nor exclude recycled -content products indiscriminately. 6. To the extent possible, City staff shall identify to Purchasing, on the purchase requisition, products available with recycled content and vendors from whom such products are available. 7. The Purchasing Agent may specify a minimum "recycled - content" standard in bid solicitations. 8. City purchased and printed paper shall be labeled with "Printed on recycled paper." 9. City requested documents, produced by contractors and grantees shall be printed on post -consumer recycled paper. Purchasing Policy April 2018 Change 9 Appendix B Page 1 Packet Pg. 143 Council RESOLUTION 91-91, PROTECTION OF TROPICAL TIMBER A. BACKGROUND The importation and use of tropical timber promotes the loss of tropical rain forests. This loss has been shown to not only destroy species and cultures indigenous to the rain forest, but to also hasten the deterioration of the global environment. As a responsible member of the global community, the City is fundamentally opposed to actions harmful to tropical rain forests. To set the community standard, the City has prohibited the purchase of any item or product which has originated in part or in whole from any tropical hardwood. See Appendix D for additional information. B. PROCEDURES Comply with City Council Resolution 91-91. 2. Require wood vendors to note on each invoice for wood products the identity of the manufacturer of the products, and that the material supplied is not tropical wood. 3. Public Projects contractors shall certify that no tropical hardwoods are being used by prime or subcontractors in the awarded project. Council RESOLUTION 89-95, STATE OF CALIFORNIA CO-OPERATIVE PURCHASING A. BACKGROUND Frequently, during the course of business, the City requires material in small quantities. Purchases of many items in small quantities forgoes the discounts vendors offer for large volume purchases. To assist local communities who might normally be unable to take advantage of cost savings through volume purchases the State of California has made many of its material contracts available for local governments to place orders against. This provides the local government the opportunity to take advantage of volume discounts, where appropriate, without the administrative or financial investment of large purchases. B. PROCEDURES All use of State of California co-operative purchasing contracts will be coordinated through the Finance Division following the procedures outlined in the State of California Co-operative Purchasing Catalog. Purchasing Policy April 2018 Change 9 Appendix B Page 9 Packet Pg. 144 IV. V. Agenda Report dated July 11, 1995; USE OF COMPETITIVE AND CO-OPERATIVE AGREEMENTS A. BACKGROUND In an effort to make government purchasing more efficient and economical, new trends in purchasing are being adopted. Co- operative purchasing agreements allow multiple organizations to combine their requirements into a single purchase agreement. This action reduces the administrative workload by reducing the number of purchase actions and generally results in lower costs through volume buying. Some purchase contracts are written to permit "piggybacking". This is a situation where a third party, not a part of the original contract, is permitted to place orders against a purchase agreement. Piggybacking frequently results in savings similar to co-operative purchasing. B. PROCEDURES The use of co-operative and piggybacking opportunities are authorized when determined to be in the best interests of the City. Ordinance 04-12 and 09-6; SUPPORT OF SANTA CLARITA BUSINESSES A. BACKGROUND General Fund revenues make up a large portion of the City's operating funds and sales tax revenue makes up a large part of the General Fund. Over the last two years, the City has embarked on a number of studies and projects intended to capture as much of the tax revenue as possible. The latest effort in this process is the "Shop Santa Clarita" campaign As part of this campaign, the City Council adopted an ordinance in support of Santa Clarita businesses. The change to the purchasing process requires local businesses be given a second chance to receive bid or quote awards if they meet certain criteria. Ordinance 09-6 revised the percentage to 10%. B. PROCEDURES This program requires quotes and bids for other than public projects be awarded in accordance with this program, unless otherwise directed by the City Manager, or if the award will be based on multiple criteria. Should businesses located within the city limits of Santa Clarita submit bids within 10% of the lowest bid, they must be given the opportunity to match the lowest bid. This process begins with the lowest bid from a Santa Clarita business and proceeds until there are no more local bidders within the 10%, or a local business agrees to match the low U) w U J O a J_ U Z O U Purchasing Policy April 2018 Change 9 Appendix B Pa Packet Pg. 145 VI. bid, whichever occurs first. The Code also requires staff to include the award requirement in the solicitation. Council RESOLUTION 05-103, ENVIRONMENTALLY PREFERABLE PURCHASING (EPP) PROGRAM A. BACKGROUND As businesses and communities grow, the ability of landfills to absorb the refuse is diminished and the hazard to the environment increases. The use of recycled items removes material from the refuse chain, extending the life of landfills. By fostering markets for recycled w materials, the City serves a leadership role in promoting similar procurement practices within all City departments, private businesses o and the general public. Appendix H further clarifies some of the terms J used below. z B. PROCEDURES U U Comply with City Council Resolution 05-103. 2. Recycled products are purchased in preference, highest percentage of post -consumer recovered material followed by highest percentage of pre -consumer recovered material. Purchasing Policy April 2018 Change 9 Appendix B Paged Packet Pg. 146 APPENDIX C RECYCLED PRODUCT PROCUREMENT RESOLUTION Purpose of Resolution The enactment of a procurement resolution is intended to broaden the use of recycled content products currently purchased on behalf of the City. This resolution will have the effect of underscoring the importance of such efforts on all City departments which submit purchase requisitions. w It will promote "buying recycled" goals to the public at large and to private business associated with the City. a J It will put the City "on record" in support of progressive procurement and market z development goals. o U It will increase the recycled content of products purchased and used by the City of w z Santa Clarita, its contractors and grantees. :i It will formalize any current practices by authorizing the Purchasing Agent to specify a minimum level of recycled content in a given bid solicitation. It will provide guidance and leadership by the City to government staff in evaluating the purchase of products for City use. Background A successful City-wide recycling program relies on the establishment of stable and sustaining markets for recyclables. Currently, the nation is experiencing unstable markets and declining commodity prices for various recyclables. In order to ensure available materials, it is necessary to buy products made from recycled materials thereby creating a demand for these materials, which we are attempting to keep out of our landfills. The City of Santa Clarita can facilitate demand for recycled products by purchasing products made from recycled materials. By fostering markets for recycled materials, the City serves a leadership role in promoting similar procurement practices within all City departments, private businesses, and the general public. The Local Government Commission completed a report in June 1990 specifying the growing number of cities across the country that have implemented, or are currently implementing similar recycled procurement guidelines. Procurement policies enacted statewide include price preferences for recycled post -consumer materials; revisions of bid specifications which previously required only virgin materials; modification of purchase requisitions requiring the consideration of recycled content products, the compliance of all contractors and grantees working on behalf of the City to implement these City enacted procurement policies, promotion programs, Purchasing Policy April 2018 Change 9 Appendix Packet Pg. 147 procedures for obtaining and verifying estimates and certifications of content of recovered materials, and annual review and monitoring. Additionally, the California Integrated Waste Management Act of 1989 mandates that State agencies purchase products manufactured from recycled materials. The State is also asking for cities to join in this statewide effort. It is not enough to merely establish or participate in recycling program development; it has become necessary to commit to the purchase of recycled materials as well. If the end products of the collected and recycled materials are not purchased, then recycling and waste reduction efforts cease to be effective in the long term. The recommended procurement resolution concerns itself with the source of w materials used to manufacture products that the City purchases and uses. The object is to ensure that no product manufactured with recycled content of o "secondary" material is discriminated against or excluded for reasons other than J function. Furthermore, it is important to mandate that such products made from "recycled -content" and "secondary content" materials have a preferential purchasing D status over those goods that are strictly made from virgin (raw) materials. This is o especially relevant when "recycled -content" products can satisfactorily meet the w necessary standards of performance. The Local Government Council in Sacramento has asked that every city establish a government procurement policy to purchase recycled and reusable products. According to the Local Government Commission, 1989 government purchases amounted to $916 billion, or about 20 percent of the gross national product. It is estimated that about 13 percent of that figure represents purchase made by State and local governments. This is a clear indicator that local government procurement resolutions for recycled products can make a significant impact on market development goals. The Federal government and the State of California both have laws favoring the use of recycled products. The Environmental Protection Agency is implementing Section 5002 of the Resource Conservation and Recovery Act, which requires agencies using Federal funds to favor recycled products. The National Recycling Coalition also urges public and private agencies to establish programs favoring purchasing of recycled products. The Local Government Commission is also recommending that governments develop practical new procurement specifications and through their use, demonstrate that recycled products are of high quality. When a city uses recycled paper, for example, the phrase "printed on recycled paper" should appear on all products, i.e.: all stationery, business cards, etc. This leads to good public relations and establishes the City of Santa Clarita as a leader in the arena of market development. In doing so, the City also sets an excellent example for the private sector to follow. In order to accomplish these goals, it is recommended that the City provide specific guidance to City staff, contractors and grantees regarding the importance of "buying recycled." It should be articulated that this is a necessary adjunct to all recycling Purchasing Policy April 2018 Change 9 Appendix Packet Pg. 148 programs and will close the recycling "loop" and stimulate market economies, thereby reducing the costs of "recycled -content" materials. The U.S. Environmental Protection Agency's (EPA) recycled product procurement guidelines issued pursuant to the Resource Conservation and Recovery Act do not specifically apply to the City (the City does not fall under the EPA's definition of a "procuring agency"), except in instances where materials are purchased by the City with earmarked federal funds. Although not mandatory, following the guidelines will reduce waste in the manufacture and use of products and packaging purchased by the City. The EPA's procurement guidelines provide useful guidance and leadership to the City's staff in evaluating the purchase of products for City use. The procurement recommendation and particularly the provisions for affirmative "recycled -content" product identification, procurement, certification, promotion and annual monitoring (a report will be sent to Council) do conform with EPA guidelines Please note that the policy endorses the State of California's definition of recycled paper products, rather than the Environmental Protection Agency's. The State definition is stricter than the EPA's when it comes to permitting miscellaneous material to count as "recycled" content, and also requires post -consumer content for different grades of paper for which the EPA does not require any post -consumer content for a paper to qualify as "recycled." This policy will also further contribute to the City's compliance with a State requirement (AB939) that cities undertake and report market development activities Additionally, AB4, also enacted in 1989, contains four basic requirements: The City must require bidders to specify both the total recovered and post - consumer content of paper products (even if zero). 2. Specifications should not discriminate against recycled content. 3. City printing contracts must meet the recycled content provisions of AB939 4. The City must "buy recycled" if a paper product costs no more than comparable non -recycled paper product. U) w U J 0 a J_ U Z M 0 U Purchasing Policy April 2018 Change 9 Appendix Packet Pg. 149 RESOLUTION NO. 93-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, FOR THE ADOPTION OF A POLICY REGARDING THE PROCUREMENT OF RECYCLED PRODUCTS WHEREAS, it is the policy of the City of Santa Clarita to conserve and protect natural resources for current and future citizens; and WHEREAS, the City's participation in and promotion of recycling programs can significantly reduce the volume of material entering the waste stream thereby conserving natural resources and extending landfill life expectancy; and U) WHEREAS, in order for recycling programs to be effective, markets for recycled w U post -consumer materials must be developed; and O 0- WHEREAS, the implementation of a procurement policy for the City of Santa Clarita _J would contribute to the conservation and protection of natural resources and support city-wide U recycling programs; and O WHEREAS, the City's commitment to the purchase of recycled materials will help v expand the markets for recycled products and serve as a model for private industry and local Z businesses; and ; WHEREAS, State and Federal agencies have implemented procurement guidelines requiring government agencies to buy products made with recycled materials. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Clarita, California, as follows: SECTION 1. The City Council hereby adopts the following policy: RECYCLED PRODUCTS PROCUREMENT RESOLUTION Definitions of Recycled Content A. Post -consumer recovered materials. A finished material which would normally be disposed of as a solid waste, having completed its life cycle as a consumer item. Examples of post -consumer recovered materials include, but are not limited to; used newspaper, office paper, yard waste, plastic bottles, oil, asphalt, concrete and tires. B. Pre -consumer recovered material. Material or by-products generated after manufacturing of a product is completed, but before the product reaches the end -use consumer. Examples of pre -consumer recovered materials include, but are not limited to; obsolete inventories of finished goods, rejected unused stock and paper wastes generated during printing, cutting and other converting operations. This category does not include mill or manufacturing trim, scrap or "broke," which is material generated at a manufacturing site and commonly reused within the manufacturing process. For example, pre -consumer paper waste sources are not considered "recycled." Components of a paper product include, but are not limited to; fibers recovered from waste water, trimmings of a paper machine rolls, sawdust, chips, wood slabs, other wood residue from a manufacturing process, and such materials sold between mills. C. Total recovered material. The total pre- and post -consumer recovered material contained in a product. Purchasing Policy April 2018 Change 9 Appendix Packet Pg. 150 II. Recycled Content Preference It is recommended that the City of Santa Clarita establish a policy, whenever practical, to purchase products which contain, in order of preference, the following: The highest percentage of recycled content of "post -consumer recovered materials," available in the marketplace; and The highest percentage of "pre -consumer recovered materials," available in the marketplace. In those instances where it is deemed impractical to procure a recycled -content item, a specific explanation for the finding must be included in the purchasing record (see "Monitoring and Annual Report" section). U) III. Price Preference w U J A 10% price preference may be given to recycled products, reusable products offered as alternatives O to disposable products, and products designated to be recycled where they are offered as J alternatives to non -recyclable products. The preference percentage shall be based on the lowest bid v or price quoted by the supplier offering recycled products. Z O IV. Recyclability and Waste Reduction �? In addition to the recovered material content of a product, important criteria in selecting products shall also be: The ability of a product and its packaging to be reused , reconditioned for use, or recycled through existing recycling collection programs; and The volume and toxicity of waste and by-products of a given product and its packaging generate in their manufacture, use, recycling and disposal. Products and packaging designed to minimize waste and toxic by-products in their manufacture, use, recycling and disposal shall be preferred. V. Equipment Compatibility Equipment purchased or rented by the City shall be compatible, whenever practical, with the use of recycled content products. If deemed impractical, a specific reason for such a finding must be included in the purchasing record. VI. Purchase Requisition, Specification and Bid Solicitation Product specification and requisitions for products shall conform to the following guidelines: Product specifications and requisitions shall not indiscriminately require the use of products made from virgin materials, nor specifically exclude the use of recycled -content products; Performance standards must be reasonable and related to function, and shall not be designed to exclude the purchase of recycled -content products; To the extent such information is known, City staff shall identify to the Purchasing Division (in the Purchase Requisition) products available with recycled content and vendors from who such products are available. Purchasing agents have the authority to specify a minimum "recycled -content" standard in bid solicitations to accomplish the purposes of this policy. Purchasing Policy April 2018 Change 9 Appendix Packet Pg. 151 VII. Contractors and Grantees All City contractors and grantees shall be required to conform to the minimum recycled -content procurement standards set forth by the Finance Department. This requirement shall be applied to contractors and grantees in procuring materials or products to perform contractual services for the City, to produce or provide a work product to the City or on the City's behalf, or to conduct work funded by a grant from the City. The list shall be reviewed as needed, but no less than annually, by the City Council (see "Monitoring and Annual Report" section). Contractors and grantees shall be further required to report to the City the types, quantities and total dollar amounts of recycled products which are purchased by the contractor or grantee in connection with City -funded work. The percentage of post -consumer and total recovered material content of such purchased products shall also be required to be included in the report. Vill. Promotion w U J All City purchased and printed recycled paper products shall be labeled with the standard phrase: O "Printed on Recycled Paper." All City departments or agencies shall be required to use recycled 0- products for their business cards, letterhead stationery, envelopes, business forms and pertinent v documents. All said documents shall be printed, with the standard phrase: "Printed on Recycled Z Paper" thereby promoting the use of post -consumer content. If sufficient documentation and p certification is available, reasonable efforts shall be undertaken to specifically indicate the percentage U of recycled post -consumer content. In this case, the phrase "Printed on 40% Post -Consumer w Recycled Paper" shall appear on all products produced by and for the City. All City requested documents, produced by grantees and contractors shall be produced on post - consumer recycled paper. All contractors and grantees will submit all requested documents to the City on recycled paper. This shall include, but not be limited to drafts, reports, training manuals, bids, responses to inquiries and permit applications. IX. Certification All product providers shall be required to maintain appropriate documentation verifying either the minimum or the exact percentage of post -consumer recovered material and total recovered material contained in products purchased by the City. If no recovered material has been used, then a product provider would certify zero recycled content. Any claims of waste minimization in the manufacture or use of any product shall also be certified X. Implementation It is recommended that the City Manager develop administrative procedures to achieve the purposes of this resolution and implement the provisions of this policy, including procedures for waiving a requirement of this policy in any necessary circumstance. XI. Monitoring The Finance division shall prepare and deliver to the City Council an annual status report on implementation of this policy and formalize a recycled products list to aid in purchasing and monitoring goals. The report shall include documentation of the types, quantities, and dollar amounts of recycled products purchased in the previous year by the City, its contractors and its grantees. The report shall also identify and discuss the following: Instances where this policy is waived or its requirements found impracticable; and Barriers to the procurement of recycled -content products. In addition to monitoring and evaluating this procurement policy, the effect of evaluating products for their recycled content, ensuring specifications are non-discriminatory, including the Council's policy in bid solicitations and contracts, and other additional requirements of the policy will affect the Purchasing Policy April 2018 Change 9 Appendix Packet Pg. 152 Purchasing Division's workload. This will be evaluated as the policy is implemented and recommendations as needed will be brought forward to the Council, to augment staff, if necessary and appropriate. Fiscal Impact The adoption and implementation of this procurement ordinance may impact current budgets. Given the requirements of AB939 and the concern over additional landfill development, and rising disposal costs, these anticipated costs are necessary to conserve and protect natural resources and support the City of Santa Clarita's recycling and market development goals. Conclusion The future of recycling depends upon the creation of stable and sustaining markets for recycled cn secondary products. It is recommended, therefore, that the City of Santa Clarita enact a procurement w policy which supports the development of stable markets for recyclables and supports the City's J ongoing recycling ethic and commitment to progressive integrated waste management solutions. O J_ U Z O U Purchasing Policy April 2018 Change 9 Appendix Packet Pg. 153 SECTION 2. The City Cleric $hall certify to the adoption of this resolution and certify this record to be a fail, true, coarrW copy of the action taken. PASSED AND APPROv'ED this _Zkt L day of YOR ATTEST. CTI'Y CLERK � . I HEREBY CERTIFY that the &=Vjqg rmiydiq was duty adopbd by the Chr-c� of. the City of Sam China at a regular Meeting the vd. bald oa the 25t:h� day. of J ;} _, 'by the following voW of the-CmwL. AYES: COUNIC ERS: �Oyer, pay, K aj3n, Pederson, EIe%dt NOES: COUNCUMMOM: : ma ABSENT: ' COUNCMMEMM: Y' Purchasing Policy April 2018 Change 9 Appendix Packet Pg. 154 APPENDIX D RESOLUTION NO. 91-91 A RESOLUTION OF THE CITY Council OF THE CITY OF SANTA CLARITA, CALIFORNIA, FOR THE ADOPTION OF A POLICY REGARDING PROTECTION OF TROPICAL TIMBER WHEREAS, tropical rainforests are being destroyed at a rate of 50,000 acres per day and rainforests larger than the State of California are disappearing from the earth yearly; and WHEREAS, the use of imported tropical timber by the United States represents a substantial loss of tropical rainforests, and scientific evidence has shown that the destruction of tropical rainforests is partially responsible for the Greenhouse Effect, as well as contributing to the death of indigenous rainforest peoples and the destruction of their culture; and WHEREAS, the tropical rainforests are home to half of the world's species, and the loss of these forests results in the extinction of tens of millions of species; and WHEREAS, it is in the interest of those who live, work, and do business in the City that measures be taken to reduce or stop the destruction of tropical rainforests worldwide; and WHEREAS, a ban on the use of tropical timber by the City would reduce demand for tropical timber, thus lessening the need to cut more tropical rainforest; and WHEREAS, such a ban would not create shortages of building supplies, as alternative wood products are grown in a substantial fashion in temperate forests; and WHEREAS, the ban would stimulate business and provide jobs in the United States, as many alternatives to tropical hardwoods are grown domestically. NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Santa Clarita, California, as follows: SECTION 1. The City Council hereby adopts the following policy: A. The City of Santa Clarita shall not purchase any item or product which has originated in part or in whole from any tropical hardwood species listed in this section, nor shall any City sponsored event utilize such products, nor shall City Public Works contractors utilize such products. Purchasing Policy April 2018 Change 9 Appendix D Page 1 E. Tropical hardwood species include, but are not limited to the following: Scientific Name Common Name Vouacapoua Americana Acapu Pericopsis Elata Afrormosia Shores Almon Almon Peltogyne Spp. Amaranth Guibourtia Ehie Amazaque Aningeria Spp. Aningeria Dipterocarpus Grandiflorus Apitong Ochrama Lagopus Balsa Virola Spp. Banak Anisoptera Thurifera Bella Rosa Guibourtia Arnoldiana Benge Detarium Senegalese Boire Guibourtia Demeusil Bubinga Prioria Copaifera Cativo Antiaris Africana Cancan Dalbergia Retusa Concobolo Cordia Spp. Cordia Diospyros Spp. Ebony Aucoumea Klaineanal Gaboon Chlorophora Excelsa Iroko Acacia Koa Koa Pterygota Macrocarda Koto Shorea Negrosensis Red Luan Pentacme Controta White Luan Shorea Polysperma Tanguile Terminalia Superba Limba Aniba Duckei Louro Khaya Ivorensis African Mahogany Swietenia Macrophylla American Mahogany Tieghemella Heckelii Makore Distemonanthus Benthamianus Movingui Pterocarpus Soyauxii African Paduak Pterocarpus Angolensis Angola Paduak Aspidosperma Spp. Peroba Peltogyne Spp. Purpleheart Gonystylus Spp. Rasmin Dalbergia Spp. Rosewood Entandrophragma Cylindricum Sapele Shorea Philippinensis Sonora Tectona Grandis Teak Lovoa Trichiliodes Tigerwood Milletia Laurentii Wenge Microberlinia Brazzavillensis Zebrawood C. Exemptions: The City Council may exempt an item or product from the requirements of this section upon evidence that such item or product has no acceptable non -tropical wood equivalent, or is required in a designated historical building; and D. Directing City staff to modify its procedures regarding purchasing by requiring each wood vendor to note on each invoice for wood products supplied to the City of Santa Clarita the identity of the manufacturer of Purchasing Policy April 2018 Change 9 Appendix D Page 2 U) w_ U J O a J U z O U the products, and that the material supplied is not 'tropical vood, and. each Public Vorks general contractor shall certify that no tropical hardwoods are being used by prime or subcontractors in the awarded. project. SECTION 2. The City Clerk shall certify to the adoptions of this resolution and certify this record to be'a full, true, correct Copy of the action taken. PASSED AND APPROVED this - 8th day of October 19 91 ATTEST% , TY CLERK I HEREBY CERTIFY that the foregoing Resolution vas duly adopted by the city Council of the City of Santa Clarita at a regular meeting thereof, held on the 8th' day of October the Councils , 19, by the #ol],c��cig .`vote of AYES t COUNCILXEMBERS s NOES: COUNCILKEHB$RSs ABSEI]Tr COUNCILME11BERSs v W ... may, HdAt, Klajic, Haeon, Boyer - None Done A � --Ci1'Y CLEBS . �- Appendix C 4 6 w U J O a J_ U z O U w z J 0 LU 0 w U) O 0- 0 W a 0 a 0 Ch M L a r m E �a r r Q Purchasing Policy April 2018 Change 9 Appendix D Page 3 APPENDIX E STATE OF CALIFORNIA CO-OPERATIVE PURCHASING RESOLUTION 89-85 RESOLUTION No. 89.95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AUTHORIZING THE STATE OF CALIFORNIA, DEPARTMENT OF GENERAL SERVICES, TO PURCHASE HATERIALS., SUPPLIES AND EQUIPMENT FOR THE CITY OF SANTA CLARITA WHEREAS, the Department of General Services of the State of California is authorized to make purchases of materials, equipment, or supplies for local entities, such as the City of Saata Clarita; and economic benefits Sthe y authorizingthe SOf tate receiveta Clarita vould te of California to make such purchases. NOW, THMPORE, THi CITY COUNCIL OF THE CITY OF SANTA CLAR, TA, CALIFORNIA, DOES H33=y RESOLVE AS FOLLOV'Si SECTION 1. That the. Office of Procurement, Department of General Services of the State of California, is hereby authorized to purchase certain materials, supplies and equipment for and on behalf of the City of Santa Clarita upon; the request of the City Manager, who is hereby authorized and, directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the City of Santa Clarita. SECTION 2. That the City Clerk shall +certify to the adoption of this resolution. of July PASSED, APPROVED AND ADOPTED this 5 t, b,,,,,,,,,rdiy MAYOR ATTESTS CIR CURK Purchasing Policy April 2018 Change 9 Appendix E Page 1 i HEREBY CERTIn that the foregoing Resolution was duly adopted by the city Council. of the of Santa Clarita City on the 25Mhdap ofat a regular meetingthereof, held __c� following vote of the Councils 19 by the AYES: _ COUNCILiiEMBUS Darcy, 'Koontz, McKeon, Heidt NODES: C0 NCILMMERS None ABSENT': COUNCILMMERS Boyer r1 T"Y CLERKS Purchasing Policy April 2018 Change 9 Appendix E Page 2 APPENDIX F CITY COUNCIL AGENDA ACTION AUTHORIZING CO- OPERATIVE AND "PIGGY BACK" PURCHASING JULY 11, 1995 A RNDA ART City Manager Approv, lteun to be presented by to .r CONSENT CALENDAR DATE: July 11, 1995 QUBJECT: Use Of 00R)Petitivc and w►: DEPARTMENT: Administrative Services The Santa Clarita Municipal Code (SX. ...) outlines the requirctttents for compedtion based +oat the type of material our service needed as well as the estimated cost. Basically, purchases d 00 or more require quotes or bids from at least three sourcm, Other options exist to ensure the requirements of the S.C'.M.C. are met including co-operative and "piggyba °' purchasing. Coy -operative purchasing consists of combining the needs of multiple agencies into a ,single solicitation for bids. The action of "piggybacIdug' entails plug orders against an existing contract of another agency„ Using these types of arrangementsallow smaller agencies to realize thO onOmies of'scale and cost saving! typically achieved through volumebaying. Additional savings may also be realized as the paperwork and'staff time involved in,a typical purchase is signiffCantly reduced. The primary intent of the ty's policy of competition is to erasure the City receives the best value for it's money. The purchasing section, aggressively semis methods to achieve this end. Use of bo-operrative and 'plg ybacle purchasing satisfy this requirement. U�+��.wi�.jw�r �uar3. Approve the usage of a -operative~ purchasing agreements and purchases against competitive contracts let by another government agency C-piggybacIdng�. Ages 1 hen-J. AG 6 w U J O a J_ U Z O U Purchasing Policy April 2018 Change 9 Appendix F Page 1 APPENDIX G ORDINANCE NO. 04-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING CHAPTER 12 OF TITLE 3 OF THE MUNICIPAL CODE RELATING TO PURCHASING CODES Whereas, the City of Santa Clarita endeavors to purchase the highest quality supplies and goods, at the most reasonable and economical cost; and, Whereas, the City of Santa Clarita desires to promote business within the City and to encourage w businesses to locate and remain within the City; and, v Whereas, the City Council of the City of Santa Clarita, after review and upon study and J a recommendation of staff, finds and determines that modifications are necessary in the purchasing system J to be reflected in an amended Chapter 3.12 of the Santa Clarita Municipal Code to provide the City of U Santa Clarita with a method of purchasing the highest quality supplies and goods, at the most reasonable Z and economical cost, while simultaneously promoting business within the City and encouraging O businesses to locate and remain within the City. NOW, THEREFORE, the City Council of the City of Santa Clarita, California does hereby ordain as w Z J follows; w w Section 1. That the Municipal Code is hereby amended at Section 3.12.120, relating to formal bid procedures, to read as follows: w U) 3.12.120 Formal (sealed) Bid Procedures. Except as otherwise provided herein, purchases of supplies, a equipment and services (other than professional) of an estimated value greater than twenty 0 thousand dollars ($20,000) shall be awarded to the lowest responsible bidder, or the highest a scoring bidder of the multiple criteria award process, pursuant to the formal bid procedures described in Sections 3.12.200 and 3.12.205 hereinafter prescribed. Formal bids as used in this 2 context includes any solicitation following the procedures prescribed below including, but not a limited to, invitations to bid and requests for proposal. Ch �a Section 2. That the Municipal Code is hereby amended at Section 3.12.200, relating to award of formal bids, to read as follows: a 3.12.200 Award of Formal Bid Contracts. Except as otherwise provided herein, formal bid contracts exceeding fifty thousand dollars ($50,000) shall be awarded by the City Council to the lowest E responsible bidder or the highest scoring bidder of the multiple criteria award process subject to the application of Section 3.12.205. Formal bid contracts of fifty thousand ($50,000) or less may r be awarded by the Purchasing Officer (or designee) subject to the application of Section Q 3.12.205. The determination of "lowest responsible bidder" shall be at the discretion of the City Council pursuant to findings and recommendations presented by the Purchasing Officer (or designee) at the time of award of contracts over fifty thousand dollars ($50,000.00). Section 3. That the Municipal Code is hereby amended to introduce Section 3.12.205, relating to support of local businesses, to read as follows: 3.12.205 Support of Santa Clarita Businesses. A. Should the bidder that submits the lowest responsive bid or quote and would otherwise normally qualify to receive the bid pursuant to Sections 3.12.120, 3.12.200 and 3.12.230 of the City of Santa Clarita Municipal Code not be a Santa Clarita business as defined herein, the lowest bid or Purchasing Policy March 2018 Change 9 Appendix G Page 2 quote submitted by a Santa Clarita business that is within five percent (5%) of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the bidder agree to reduce its bid to match the bid or quote of the lowest bidder in writing within one business day, and providing that the Purchasing Officer, or designee, determines that said Santa Clarita bidder is a responsible bidder submitting a bid or quote that is responsive to the City's specifications, terms and conditions and the application of this Section is appropriate. B. If the lowest Santa Clarita bidder within five percent (5%) of the lowest bid or quote does not elect to reduce its bid or quote to match the bid or quote of the lowest bidder, then the next lowest Santa Clarita bidder shall be given the opportunity to match the bid or quote of the lowest bidder as set forth above, providing that this bidder is also within 5% of the lowest bid or quote that has been deemed responsive. C. To qualify as a Santa Clarita bidder, the bidder must have a physical presence within the Santa Clarita city limits by maintaining a permanent office, factory or other facility carried on the business' records with at least one employee of the company operating out of said facility. The Purchasing Officer, or designee, is hereby granted the authority to finally determine if the bidder qualifies as a Santa Clarita bidder as set forth herein. The Purchasing Officer, or designee, may take into w account the permanency of the business in Santa Clarita, and whether the business appears to v be claiming to be a Santa Clarita business solely or primarily to qualify for the contract award, and —J any other material factors. a D. This support of local business policy shall only apply to supplies, material and equipment required for the conduct of City business, except where prohibited by State or Federal law, and it shall only v apply to purchases and contracts greater than two thousand dollars ($2,000). o E. No contract awarded to a Santa Clarita business under this Section shall be assigned or U subcontracted in any manner that permits more than fifty percent (50%) or more of the dollar value of the contract to be performed by an entity that is not a Santa Clarita business as defined LU Z herein. F. Solicitations for bids or quotes must include notice of this Section. Section 4. That the Municipal Code is hereby amended at Section 3.12.210, relating to tie formal bids, to read as follows: 3.12.210 Tie Formal Bids. If two (2) or more formal bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the City Council, or Purchasing Officer (or designee) for bids of $50,000 or less, may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening or award of contract. Section 5. That the Municipal Code is hereby amended at Section 3.12.230, relating to the open market or informal bid procedure, to read as follows: 3.12.230 Open Market or Informal Bid Procedure. Purchases of supplies, equipment and services (other than professional) of an estimated value in the amount of twenty thousand dollars ($20,000) or less may be made by the Purchasing Agent in the open market pursuant to the procedure prescribed in Sections 3.12.240 through 3.12.260 and without observing the procedure prescribed in Sections 3.12.120 through 3.12.215; provided, however, all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of less than two thousand dollars ($2,000). Quotes as used in this context include any solicitation following the procedures described below including, but not limited to, requests for quote to bid and requests for proposal (of twenty thousand dollars ($20,000) or less). Section 6. That the Municipal Code is hereby amended at Section 3.12.240, relating to the minimum number of quotes, to read as follows: 3.12.240 Minimum Number of Quotes. Open market purchases shall, wherever possible, be based on at least three (3) quotes, and shall be awarded to the quoter offering the most advantageous quote to the City after consideration of price, quality, durability, servicing, delivery time, standardization, and other factors subject to the application of Section 3.12.205. Purchasing Policy March 2018 Change 9 Appendix G Page 3 Section 7. That the Municipal Code is hereby amended at Section 3.12.260, relating to record of quotes, to read as follows: 3.12.260 Record of Quotes. The Purchasing Agent shall keep a written record of all purchases of two thousand dollars ($2,000) or more, whether accomplished by formal bid (Sections 3.12.120 through 3.12.215), quote (Sections 3.12.230 and 3.12.270), or through no bid at all (Sections 3.12.230 and 3.12.270). All records so kept shall be available for public inspection and shall be subject to destruction in accordance with the City's retention schedule. Section 8. That the Municipal Code is hereby amended at Section 3.12.270, relating to exceptions to competitive bidding requirement, to read as follows: 3.12.270 Exceptions to Competitive Bidding Requirement. T Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and requirements may be dispensed with in any of the following instances: A. When the estimated amount involved is less than two thousand dollars ($2,000); w B. When the commodity can be obtained from only one vendor; v C. The City Manager and/or his/her designee may authorize the purchase of materials, supplies, —J equipment and services where an emergency is deemed to exist and it is determined that service involving a the public health, safety or welfare would be interrupted if the normal procedure were followed. All emergency purchases, which would otherwise require formal bidding procedures, made pursuant to this v z Section shall be submitted to the City Council for ratification at the next regular Council meeting after the o purchase is authorized; U D. Any request to waive competition for a procurement not covered by the exceptions herein must be LU approved by the City Council; Z E. Any agreement involving acquisition of supplies, equipment or service entered into with another Zi governmental entity; a w F. In the event the City Council finds that it is in the public interest and necessity to purchase supplies, equipment or services without compliance with the formal contract procedures set forth in this section, the o City Council may waive such procedures by declaring so in a motion or resolution. w Section 9. This ordinance shall be in full force and effect thirty (30) days from its passage and adoption. Section 10. That the City Clerk shall certify to the passage of this Ordinance and shall cause it to be published as required by law. Purchasing Policy March 2018 Change 9 Appendix G Page 4 Ordinance No. 04-5 Page 4 PASSED, APPROVED AND ADOPTED this 8"' day of June, 2004. ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA CLARITA I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 04-5 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 25u' day of May, 2004. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 8'h day of June, 2004, by the following vote, to wit: AYES: COUNCMMEMMERS: Ferry, McLean, Smyth, Weste, Kellar NOES: COUNCMMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK Purchasing Policy March 2018 Change 9 Appendix G Page 5 ORDINANCE NO. 09-6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING CHAPTERS 12 AND 14 OF TITLE 3 OF THE MUNICIPAL CODE RELATING TO PURCHASING CODES This Ordinance is not reproduced here because of its length and the fact the pertinent change consisted solely of increasing the Shop Santa Clarita percentage from 5 to 10%. Purchasing Policy March 2018 Change 9 Appendix G Page 6 it I APPENDIX H RESOLUTION NO. 09-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, FOR THE ADOPTION OF A PROGRAM REGARDING ENVIRONMENTALLY PREFERABLE PURCHASING WHEREAS, it is the policy of the City of Santa Clarita to use products and services that have reduced impacts on human health and the environment; and WHEREAS, the Environmentally Preferable Purchasing program will have a beneficial effect on the citizens of the City; and WHEREAS, the combined governments of the United States spending exceeds more than a trillion dollars worth of goods and services each year; and WHEREAS, the City's leadership role in helping protect the environment with a EPP program will serve as a model for local businesses and private industry; and WHEREAS, the Environmentally Preferable Purchasing program will build onto the previously approved recycled product procurement resolution (93-09) to enhance working to conserve the natural resources entering the waste stream. NOW, THEREFORE, the City Council of the City of Santa Clarity does hereby resolve as follows: SECTION 1. The City Council hereby adopts the attached policy. SECTION 2. The City Clerk shah certify to the adoption of this Resolution, PASSED, APPROVED, AND ADOPTED this 24th day of Novemb 2009. Eel�l MAYOR ATTEST: CITY CLERKy Purchasing Policy April 2018 Change 9 Appendix H Page 1 STATE OF CALIFORNIA ) ' COUNTY OF LOS ANGELES CITY OF SANTA CLARITA 1, Sharon L, Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 24th day of November, 2009, by the following vote: AYES: COUNCILMEMBERS: Weste, McLean, Ender, Kellar, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2 CITY CLERK F Al 0 z 'n 0 U LU z LU LU U) 0 0- 0 W (L 0 (L 4) Ch M Purchasing Policy April 2018 Change 9 Appendix H Page 2 RESOLUTION NO. 05-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, FOR THE ADOPTION OF A PROGRAM REGARDING ENVIRONMENTALLY PREFERABLE PURCHASING WHEREAS, it is the policy of the City of Santa Clarita to use products and services that have reduced impacts on human health and the environment; and WHEREAS, the Environmentally Preferable Purchasing program will have a beneficial affect on the citizens of the City; and WHEREAS, the combined governments of the United States spending exceeds more than a trillion dollars worth of goods and services each year; and WHEREAS, the City's leadership role in helping protect the environment with a EPP program will serve as a model for local businesses and private industry; and WHEREAS, the Environmentally Preferable Purchasing program will build onto the previously approved recycled product procurement resolution(93-09) to enhance working to conserve the nature resources entering the waste stream. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. The City Council hereby adopt the following policy: SUSTAINABLE SANTA CLARITA ENVIRONMENTALLY PREFERABLE PURCHASING PROGRAM SECTION 1.0 - STATEMENT OF POLICY It is the policy of City of Santa Clarita to: • purchase products that minimize environmental impacts, toxics, pollution, and hazards to worker and community safety to the greatest extent practicable, institute practices that reduce waste and minimize environmental impacts whenever practicable and cost-effective by increasing product efficiency and effectiveness, but without reducing safety or workplace quality while promoting the fair treatment of all races, cultures and incomes with respect to this policy, • purchase products that include recycled content, are durable and long-lasting, conserve energy and water, use agricultural fibers and residues, reduce greenhouse gas emissions, use unbleached or chlorine free manufacturing processes, are lead-free and mercury -free, and use wood from sustainably harvested forests, U) w_ U J 0 a J U z 0 U Purchasing Policy April 2018 Change 9 Appendix H Page 3 • adopt Environmentally Preferable Purchasing (EPP) processes in support of the City's Sustainability Plan, and • encourage vendors, contractors and grantees to implement this program for all products and services provided to City of Santa Clarita. SECTION 2.0 - PURPOSE This Program is adopted in order to: • conserve natural resources, • minimize environmental impacts such as pollution and use of water and energy, • eliminate or reduce toxics that create hazards to workers and our community, • support strong recycling markets, • reduce materials that are landfilled, • identify environmentally preferable products and distribution systems, • increase the use and availability of environmentally preferable products that protect the environment, • reward manufacturers and vendors that reduce environmental impacts in their production and distribution systems, • create a model for successfully purchasing environmentally preferable products that encourages other purchasers in our community to adopt similar goals. SECTION 3.0 - SPECIFICATIONS 3.1 Source Reduction 3.1.1 City of Santa Clarita shall institute practices that reduce waste and result in the purchase of fewer products whenever practicable and cost-effective, but without reducing safety or workplace quality, including but not limited to: • electronic communication instead of printed media, • double -sided photocopying and printing, • washable and reusable dishes and utensils, • rechargeable batteries, • streamlining and computerizing forms, w_ U J 0 a J_ U z 0 U Purchasing Policy April 2018 Change 9 Appendix H Page 4 • electronic and "online" publishing via CD, Internet and intranet, • "on -demand" printing of documents and reports as they are needed and where electronic publishing would be unsatisfactory, • leasing long -life products when service agreements support maintenance and repair rather than new purchases, such as carpets, • sharing equipment and occasional use items such as chippers, • choosing durable products rather than disposable, • reducing product weight or thickness when effectiveness is not jeopardized in products such as, but not limited to, paper and plastic liner bags, • buying in bulk, when storage and operations exist to support it and balanced with the costs of inventory management, • reusing products such as, but not limited to, file folders, storage boxes, office supplies, and furnishings. 3.1.2 City of Santa Clarita shall purchase remanufactured products such as laser toner cartridges, tires, furniture, equipment and automotive parts and fluids whenever practicable, but without reducing safety, quality or effectiveness. 3.1.3 City of Santa Clarita shall require all equipment bought after the adoption of this program to be compatible with source reduction goals and practices when practicable, including but not limited to: • copiers and printers capable of duplexing, • battery -operated equipment capable of being recharged or using rechargeable batteries, • dishwashing equipment, when washable and reusable dishes and utensils are practicable, • bulk storage and operation. 3.1.4 All buyers shall evaluate short-term and long-term costs in comparing product alternatives, when feasible. This includes consideration of total costs expected during the time a product is owned, including, but not limited to, acquisition, extended warranties, operation, supplies, maintenance, disposal costs and expected lifetime compared to other alternatives. Examples of products for which such cost comparisons can indicate significant differences between short- Purchasing Policy April 2018 Change 9 Appendix H Page 5 and long-term costs include, but are not limited to, janitorial towels and tissues, parking stops, park benches and tables, office equipment, software and vehicles. 3.1.5 Products that are durable, long lasting, reusable or refillable are preferred whenever feasible. 3.2 Recycled Content Products 3.2.1 City staff shall strive to incorporate the requirements the U.S. EPA has established for various materials, such as those for construction, landscaping, parks and recreation, transportation, vehicles, miscellaneous, and non -paper office products. The programs are known as the Comprehensive Procurement Guidelines (CPG) and Recovered Materials Advisory Notice (RMAN). These programs are updated periodically to identify categories of material for which there are recycled content alternatives and the recommended recycled contents. 3.2.2 Janitorial paper products shall contain the highest postconsumer content practicable, but no less than the minimum recycled content standards established by the U.S. EPA Guidelines. 3.2.3 Printing paper, office paper, and paper products shall contain the highest postconsumer content practicable, but no less than the minimum recycled content standards established by the United States Environmental Protection Agency (U.S. EPA) Guidelines (see Definitions). 3.2.4 Copiers and printers bought shall be compatible with the use of recycled content products. When necessary, suppliers shall train equipment maintenance personnel in the appropriate use of recycled products with their equipment. 3.2.5 In accordance with California Public Contract Code, Sec. 10409, City of Santa Clarita shall purchase recycled lubricating and industrial oil for use in its vehicles and other equipment, as long as it is certified by the American Petroleum Institute (API) as appropriate for use in such equipment (see htt :/p Ui- ep.Mi.or /g�ualiiy/index.cfin for information about APPs Engine Oil Licensing and Certification System). 3.2.6 When specifying asphalt concrete, aggregate base or portland cement concrete for road construction projects, City of Santa Clarita shall use recycled, reusable or reground materials when practicable, including, but not limited to, in - place recycling of asphalt concrete, aggregate base and portland cement concrete; rubberized asphalt concrete; recycled aggregate base; recycled fly ash content concrete or recycled asphalt concrete. 3.2.7 City of Santa Clarita shall specify and purchase recycled -content transportation products, including signs, cones, parking stops, delineators, and barricades, including recycled products approved by the California Department of Transportation (Caltrans). 3.2.8 City of Santa Clarita shall specify and purchase carpet with 100% total recycled PVC backing, solution dyed nylon face fiber and permanent or durable anti -microbial treatment. In addition, the City should aim for producer responsibility for accepting old carpet for recycling to ensure future needs for carpet replacement will include the recycling of old carpet. w U J a J_ U Z 0 U Purchasing Policy April 2018 Change 9 Appendix H Page 6 3.3 Forest Conservation 3.3.1 To the greatest extent practicable, City of Santa Clarita shall not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. When possible, City of Santa Clarita shall give preference to wood products that are certified to be sustainably harvested by a comprehensive, performance -based certification system, such as the Forest Stewardship Council. Further guidance may be found in the City of Santa Clarita's Hardwood resolution. 3.4 Toxics and Pollution 3.4.1 When replacing vehicles, regular diesel shall be phased out and replaced with less polluting alternatives such as low sulfur or bio-diesel, gasoline, compressed natural gas, bio-based fuels, hybrids, hydrogen fuel cells and electric batteries. 3.4.2. To the extent practicable, no cleaning or disinfecting products (i.e. for janitorial or automotive use) shall contain ingredients that are eye or skin irritants, neurotoxins, carcinogens, mutagens, or teratogens. These include chemicals listed by the U.S. EPA or the National Institute for Occupational Safety and Health on the Toxics Release Inventory and those listed under Proposition 65 by the California Office of Environmental Health Hazard Assessment. If products must be used that contain these toxic materials, ensure that only the minimum amounts are used and the product is disposed of properly (see Definitions). To the extent practicable, cleaning or disinfecting products should include biodegradability, be in concentrated form, be non -aerosol and have a recyclable container made of plastic numbers 1 or 2. 3.4.3 The use of chlorofluorocarbon-containing refrigerants, solvents and other products shall be phased out and new purchases shall not contain them. 3.4.4 All surfactants and detergents shall be readily biodegradable and, where practicable, shall not contain phosphates. 3.4.5 All interior paint shall contain the lowest concentrations practicable of volatile organic compounds (VOCs), but as a minimum shall not exceed 50 grams VOC per liter (50g/1) for flat paint and 150 grams per liter (150g/1) for non -flat paints, as determined in accordance with U.S. EPA Test Method 24, CFR Title 40, Part 60, Appendix A. For exterior paints, preference shall be given to paints containing at least 50 percent recycled content (post-industrial and postconsumer) and/or VOC concentrations less than 150g/1(U.S. EPA Test Method 24). All adhesives shall meet South Coast Air Quality Management District Rule 1168. 3.4.6 City of Santa Clarita shall reduce or eliminate its use of products that contribute to the formation of dioxins and furans. This includes, but is not limited to: • Purchasing paper, paper products, and janitorial paper products that are unbleached or that are processed without chlorine or chlorine derivatives, whenever possible. Processed chlorine free (PCF) paper is preferred. Elemental chlorine free (ECF) processes should include enhanced U) w U J 0 a J_ U Z 0 U Purchasing Policy April 2018 Change 9 Appendix H Page 7 processes such as extended and oxygen delignification whenever possible. Vendors and successful bidders shall supply certification of the paper's chlorine free processing status from either a recognized certifying organization or the pulp and paper manufacturer. • Prohibiting purchase of products that use polyvinyl chloride (PVC) such as, but not limited to, binders, flooring, and medical supplies whenever practicable. 3.4.7 City of Santa Clarita shall purchase products and equipment with no lead or mercury whenever possible, including automotive vehicles, equipment and lighting. For products that contain lead or mercury, City of Santa Clarita shall give preference to those products with lower quantities of these metals and to vendors with established lead and mercury recovery programs. 3.4.8 To facilitate the reprocessing of paper waste the City shall call for the use of soy/vegetable based inks for all printing. Graphics will continually monitor industry trends towards more environmentally friendly inks. 3.5 Energy and Water Savings 3.5.1 Where applicable, energy -efficient equipment shall be purchased with the most up-to-date energy efficiency functions. When necessary, suppliers or manufacturers shall train equipment operators and maintenance personnel in the proper enabling and use of energy efficient and sleep mode functions on their equipment. New and replacement equipment/fixtures will incorporate the requirements of this section. 3.5.2 When practicable, City of Santa Clarita shall replace inefficient lighting with energy efficient equipment. Incandescent, mercury vapor and T12 fluorescent lamps should be replaced with compact fluorescent lamps, high - intensity discharge (HID) fixtures and low -mercury T8 or T5 fluorescent lamps. The magnetic ballasts used in older fluorescent lighting should be replaced with electronic ballasts. New lighting should be designed to use no more than 85% of the power allowed by Title 24 Energy Code. Purchasers shall require vendors to recycle discarded lighting fixtures and lamps appropriately, with an emphasis on lowering mercury levels in energy efficient lighting. Staff will continue to investigate technologies that reduce the energy requirements of existing lighting such as sensors, timers and frequency regulators. 3.5.3 All appliances purchased by City of Santa Clarita and for which the U. S. EPA Energy Star certification is available shall meet Energy Star certification. Typically, this would include motors/pumps, exhaust fans, water heaters, computers, exit signs, water coolers and appliances such as refrigerators, dishwashers and microwave ovens. 3.5.4 When Energy Star labels are not available, choose energy efficient products that are in the upper 25% of energy efficiency as designated by the Federal Energy Management Program. w_ U J 0 a J_ U z 0 U Purchasing Policy April 2018 Change 9 Appendix H Page 8 3.5.5 Wherever City of Santa Clarita replaces roofs, Energy Star -qualifying roof materials shall be used. 3.5.6 City of Santa Clarita shall purchase high efficiency space heating systems that use natural gas rather than electricity, and have an annual fuel utilization efficiency (AFUE) of 0.86 or greater, whenever practicable 3.5.7 City of Santa Clarita shall purchase high efficiency space cooling equipment with an energy efficiency rating (EER) of 11.5 or greater, whenever practicable. 3.5.8 City of Santa Clarita shall purchase water -saving products whenever practicable. 3.6 Green Building - Construction and Renovations 3.6.1 Proposals for project design will include fundamental building systems commissioning services (preferably independent of the design team) for independent review of plans and designs, participation in design charettes, to ensure building systems function as designed, to review outstanding commissioning issues within one year of project completion, and provide building operations/maintenance staff training and a building systems manual. 3.6.2 All building and renovations undertaken by City of Santa Clarita shall follow Green Building practices for design, construction, and operation, as specified in the appropriate US Green Building Council Leadership in Energy and Environmental Designa (LEED) criteria. 3.6.3 All newly constructed City of Santa Clarita-sponsored buildings shall incorporate sufficient green building methods and techniques to qualify for the equivalent of a LEED5 Rating System Silver certification (see Definitions). 3.6.4 Renovation of City of Santa Clarita-sponsored buildings shall achieve as many pre -requisites and credits as feasible as described in the LEED5 Rating System for Existing Buildings Pilot Phase and any subsequent version adopted (see Definitions). 3.6.5 City of Santa Clarita shall work with residents, businesses, and other members of the community, including architects, builders and contractors, to encourage private development within the City to use green building methods and practices and to achieve standards set by LEED5 for commercial buildings and the in consultation with appropriate City departments. 3.7 Waste Minimization 3.7.1 City of Santa Clarita requires vendors to eliminate packaging or use the minimum amount necessary for product protection, to the greatest extent practicable. 3.7.2 Packaging that is reusable, recyclable or compostable is preferred, when suitable uses and programs exist. 3.7.3 Vendors shall be encouraged to take back and reuse pallets and packaging materials. 6 w_ U J 0 a J_ U z 0 U Purchasing Policy April 2018 Change 9 Appendix H Page 9 3.7.4 Suppliers of electronic equipment, including but not limited to computers, monitors, printers, and copiers, shall be required to take back equipment for reuse or environmentally safe recycling when City of Santa Clarita discards or replaces such equipment, whenever possible. 3.8 Landscaping 3.8.1 Workers and contractors providing landscaping services for City of Santa Clarita shall employ sustainable landscape management practices whenever possible, including: • The use of Integrated Pest Management (IPM), including minimal pesticide use is encouraged. • Grasscycling (leaving the clippings on the lawn) or mulching mowers is required for at least 50% of all mowings. • Pruning shall be done on an as needed basis. Thinning is the preferred method of pruning. Minimal heading or shearing is encouraged. • Fertilizing should be done on an as needed basis, as indicated by a soil analysis. Slow release and/or organic fertilizers are preferred. • Irrigation scheduling based on weather (evapo-transpiration rates) is required whenever possible. Drip irrigation is preferred whenever practical. • Turf areas where drip irrigation is not appropriate should be limited to walking and play surfaces. All other landscaping (such as for views) should be accomplished with low-water plantings. • Recycling of plant debris by composting and/or maintaining a minimum 2- inch layer of mulch under all trees, shrubs and groundcovers and a minimum 3-inch layer in all open areas is strongly encouraged. Allowing leaf drop to become part of the mulch layer in tree, shrub and groundcover areas is preferred. 3.8.2 Plants should be selected to minimize waste by choosing species that are appropriate to the microclimate, species that can grow to their natural size in the space allotted them and perennials rather than annuals for color. Native and drought -tolerant plants that require no or minimal watering once established are preferred. 3.8.3 To the greatest extent practicable, City of Santa Clarita shall not procure mulch products that originate from forest products. When possible, City of Santa Clarita shall give preference to mulch products that are produced on -site or from regionally generated plant debris. 3.8.4 To the greatest extent practicable, City of Santa Clarita shall procure compost that is produced from feedstock that includes at least 50%, by volume, U) w_ U J 0 a J_ U z M 0 U Purchasing Policy April 2018 Change 9 Appendix H Page 10 regionally generated plant debris and/or food waste and less than 0.5% by volume, physical contaminants. The compost shall be processed in accordance with California Code of Regulations, Title 14, Chapter 3, Article 7, Sections 17868.2-3 to promote pathogen reduction and weed seed kill and minimize heavy metal concentrations. 3.8.5 Hardscapes and landscape structures constructed of recycled content materials are encouraged. Concrete substitutes are encouraged for walkways, such as rosin emulsion paving. 3.9 Agricultural Bio-Based Products 3.9.1 Vehicle fuels made from non -wood, plant -based contents such as vegetable oils are encouraged whenever practicable. 3.9.2 Paper, paper products and construction products made from non -wood, plant -based contents such as agricultural crops and residues are encouraged whenever practicable. 3.9 Electronics 3.9.1 As technology advances have brought about an exponential increase in the manufacture of electronic items, the impact of obsolescence caused waste has been significant. Changing technology has brought the life expectancy of some items down to as little as two years. Additionally, current electronics manufacture is resource intensive and involves some toxic materials such as heavy metals. A maximum preference of 5% of price or 5% of the total points possible may be awarded for vendor products meeting any of the criteria specified in 3.9.2 through 3.9.4. 3.9.2 Electronic equipment procurement policies shall seek to preserve resources by reducing the purchase frequency and pursuing upgrade opportunities to the extent feasible. Items containing more than 20% recycled material by content may qualify for a preference. 3.9.3 Acquisitions for electronic equipment should include "take back" provisions. Vendors shall be required to accept replaced equipment for recycling and proper disposal. Where possible, acquisitions shall require vendor to accept equipment back for recycling and proper disposal when it has reached the end of its useful life or is no longer working. 3.9.4 Specifications for electronic equipment shall give preference to equipment manufactured with less toxic components or processes. 3.9.5 Upon installation, electronic equipment will have all energy management features activated as the default setting. SECTION 4.0 - DEFINITIONS 4.1 "Agricultural Bio-Based Products" means commercial or industrial products (other than food or feed) that utilize agricultural crops or residues but does not include products made from forestry materials. U) w U J O a J_ U Z M O U Purchasing Policy April 2018 Change 9 Appendix H Page 11 4.2 "Buyer" means anyone authorized to purchase on behalf of this jurisdiction or its subdivisions. 4.3 "Chlorine free" means products processed without chlorine or chlorine derivatives. 4.4 "Contractor" means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor or other entity that has a contract with City of Santa Clarita or serves in a subcontracting capacity with an entity having a contract with City of Santa Clarita for the provision of goods or services. 4.5 "Dioxins and furans" are a group of chemical compounds that are classified as persistent, bioaccumulative, and toxic by the Environmental Protection Agency. 4.6 "Elemental Chlorine Free" (ECF) bleaching processes replace elemental chlorine gas with a chlorine derivative as the bleaching agent. There is a wide range of different bleaching sequences covered under this term. While all ECF processes significantly reduce the amount of dioxins created in the bleaching process, those that include enhanced processes such as extended and oxygen delignification achieve the greatest reduction. 4.7 "Energy Star" means the U.S. EPA's energy efficiency product labeling program described at htlp://www.energystar.gov. 4.8 "Energy Efficient Product" means a product that is in the upper 25% of energy efficiency for all similar products, or that is at least 10% more efficient than the minimum level that meets Federal standards. 4.9 The "Forest Stewardship Council" is a global organization that certifies responsible, on -the -ground forest management according to rigorous standards developed by a broad variety of stakeholder groups (htlp:Hfscus.or /html/). 4.10 "LEEDa Rating System" means the self -assessing system, Leadership in Energy and Environmental Design, developed by the U.S. Green Building Council designed for rating new and existing commercial, institutional, and high- rise residential buildings. Credits are earned for satisfying defined criteria and standards. Different levels of green building certification are awarded based on the total credits earned. The LEEDa Green Building Rating System is described at htlp://www.us bg c org. 4.11 "Postconsumer Material" means a finished material which would normally be disposed of as a solid waste, having reached its intended end -use and completed its life cycle as a consumer item, and does not include manufacturing or converting wastes. 4.12 "Practical" and "Practicable" mean whenever possible and compatible with state and federal law, without reducing safety, quality, or effectiveness. 4.13 "Preconsumer Material" means material or by-products generated after manufacture of a product is completed but before the product reaches the end -use consumer. Preconsumer material does not include mill and manufacturing trim, Purchasing Policy April 2018 Change 9 Appendix H Page 12 scrap, or broke which is generated at a manufacturing site and commonly reused on -site in the same or another manufacturing process. 4.14 "Processed Chlorine Free (PCF)" refers to a recycled product in which the recycled content is produced using no chlorine or chlorine derivatives. Any virgin content in the product must also be produced in a chlorine free system. 4.15 "Proposition 65" means a list of chemicals that are known to the State of California to cause cancer, birth defects or other reproductive harm. The list is maintained by the California Office of Environmental Health Hazard Assessment (htlp://www.oehha.ca.gov/prop65.html). 4.16 "Recovered Material" means fragments of products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes preconsumer and postconsumer material but does not include excess resources of the manufacturing process. 4.17 "Recycled Content" means the percentage of recovered material, including preconsumer and postconsumer materials, in a product. 4.18 "Recycled Content Standard" means the minimum level of recovered material and/or postconsumer material necessary for products to qualify as "recycled products." 4.19 "Recycled Product" means a product that meets City of Santa Clarita's recycled content policy objectives for postconsumer and recovered material. 4.20 "Remanufactured Product" means any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to its original form. 4.21 "Reused Product" means any product designed to be used many times for the same or other purposes without additional processing except for specific requirements such as cleaning, painting or minor repairs. 4.22 "Source Reduction" refers to products that result in a net reduction in the generation of waste compared to their previous or alternate version and includes durable, reusable and remanufactured products; products with no, or reduced, toxic constituents; and products marketed with no, or reduced, packaging. 4.23 "Title 24" means the State of California's energy efficiency standards for residential and nonresidential buildings (Title 24, Part 6) maintained by the California Energy Commission and described at htlp://www.energy.ca.gov/title24. 4.24 The "Toxics Release Inventory" (TRI) is a publicly available U. S. EPA database that contains information on toxic chemical releases and other waste management activities reported annually by certain covered industry groups as well as federal facilities. It includes chemicals that are classified as carcinogens under the requirements of the Occupation Safety and Health Administration (OSHA) Lists can be obtained from http://www.epa.gov/tri/chemical/index.htm. 4.25 "U.S. EPA Guidelines" means the Comprehensive Procurement Guidelines established by the U.S. Environmental Protection Agency for federal agency U) w U J 0 a J_ U Z 0 U Purchasing Policy April 2018 Change 9 Appendix H Page 13 purchases as of May 2002 and described at htlp://www.epa.gov/epaoswer/non- hw/procure/products.htm, or as updated. 4.26 "Water -Saving Products" are those that are in the upper 25% of water conservation for all similar products, or at least 10% more water -conserving than the minimum level that meets the Federal standards. SECTION 5.0 - PRIORITIES 5.1 The health and safety of workers and citizens is of utmost importance and takes precedence over all other policies. 5.2 The City of Santa Clarita considers sustainability to be the foundation of lasting quality of life improvement programs. Environmentally Preferred Purchasing is a key step in leading the business community and residents towards that goal. 5.2 City of Santa Clarita has made significant investments in developing a successful recycling system and recognizes that recycled content products are essential to the continuing viability of that recycling system and for the foundation of an environmentally sound production system. Therefore, to the greatest extent practicable, recycled content shall be included in products that also meet other specifications, such as chlorine free or bio-based. 5.3 Nothing contained in this program shall be construed as requiring a department or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time. 5.4 Nothing contained in this program shall be construed as requiring the City of Santa Clarita, department or contractor to take any action that conflicts with state or federal requirements. SECTION 6.0 - IMPLEMENTATION 6.1 Environmental Services shall help departments implement this program through development of an advisory committee consisting of members representing Environmental Services, Purchasing, Information Technology, and each department. The team's responsibilities shall include, but are not limited to: • evaluating opportunities for substituting environmentally preferable products, • designing and implementing programs and processes for increasing the purchase of environmentally preferable products, • educating managers and staff about City of Santa Clarita's Environmentally Preferable Purchasing Program, • ensuring that purchasing documents, specifications, and contracting procedures do not contradict each other and do not deter or inhibit the w_ U J 0 a J_ U z D 0 U Purchasing Policy April 2018 Change 9 Appendix H Page 14 purchase of environmentally preferable products, • providing information to facilitate the evaluation and purchase of environmentally preferable products, including identifying appropriate products and sources and providing technical assistance, evaluating obstacles to purchasing such products in order to create solutions, and. • tracking and recording progress in achieving successful results. 6.2 In compliance with State law, vendors shall be required to specify the minimum or actual percentage of recovered and postconsumer material in their products, even when such percentages are zero. 6.3 Vendors and successful bidders shall verify and report any environmentally preferable purchasing attributes in writing. This requirement for certification applies to products for which the vendor or successful bidder claims such attributes as apply to the product, including, but not limited to, recycled content, chlorine free, non -toxic, reduced toxicity, sustainable forestry, and energy -saving features. 6.4 Buyers making the selection shall provide a written explanation for not selecting product choices that meet the environmentally preferable purchasing criteria in this policy. Such written explanations shall be filed with the Purchasing Agent within 15 days of making the product choice (see Attachment for sample procurement determination form). 6.5 All contracts and grants providing services or products to the City of Santa Clarita shall adhere to the guidelines stated in this program to the extent possible. SECTION 7.0 - PROGRAM EVALUATION AND MEASUREMENT 7.1 Environmental Services shall institute a system for tracking the purchases of environmentally preferable products. Whenever practicable, vendors will be required to provide reports on their sales of environmentally preferable products to assist City of Santa Clarita in this tracking. 7.2 Each Department will report EPP procurements to the Environmental Services Manager each quarter. The reports will identify the type of commodity purchased, the dollar value and the qualifying attributes of the commodity. 7.3 The Environmental Services Manager shall provide a narrative report annually to the City Council on the success of this policy's implementation. To the extent practicable, such report shall include information on the annual volume and dollar amount of environmentally preferable products purchased compared to the total amount of products purchased, within general product categories. When possible, reports shall include a narrative evaluation of the performance, safety, and environmental benefits achieved through use of the environmentally preferable w_ U J 0 a J_ U z 0 U Purchasing Policy April 2018 Change 9 Appendix H Page 15 products purchased. Reports should relate progress in meeting the objectives of this Policy as stated in Sections 1.0 and 2.0 and in accordance to the Specifications categories used in this Policy. This report will become one element of the City's Sustainability Program to be shared with the community. The report will also be included in quality of life evaluations. 7.4 Reports shall include notation of any barriers encountered in procurement of environmentally preferable products, recommendations for resolution, and/or description of assistance needed for overcoming the obstacles. SECTION 8.0 - EFFECTIVE DATES 8.1 This policy shall take effect on August 23, 2005. 8.2 The first annual report shall be issued within one year following the effective date of this policy. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 23 day of August, 2005. MAYOR ATTEST: CITY CLERK w U J 0 a J_ U Z 0 U Purchasing Policy April 2018 Change 9 Appendix H Page 16 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City of Santa Clarita at a regular meeting thereof, held on the day of , 2005, by the following vote of the City Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK Purchasing Policy April 2018 Change 9 Appendix H Page 17 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 05-103, adopted by the City Council of the City of Santa Clarita, California on August 23, 2005, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of .2005. Sharon L. Dawson, CMC City Clerk By Susan Coffman Deputy City Clerk Purchasing Policy April 2018 Change 9 Appendix H Page 18 ATTACHMENT Sample Procurement Determination Form Item: This item is required to meet Environmentally Preferable Purchasing guidelines as described in Resolution XX-XX. I have considered the Environmentally Preferable Purchasing guidelines and searched for product or service options that meet them. Compliance with Resolution XX-XX was not attainable for this purchase because: Item is not available within a reasonable period of time. (Need date: Date available: ) Item fails to meet a performance standard in the specifications. Specifically, Item is not available, or is not available from 2 or more sources. Market research was performed by calling (insert number) vendors, but only (enter name) was able to supply the item. Item was only available at an unreasonable price (i.e., EPP item cost more than non -compliant item). Price of EPP item: Price of non -compliant item: Compliance would conflict with state or federal law requiring that: Signature of Purchaser Printed Name of Purchaser Date Purchasing Policy April 2018 Change 9 Appendix H Page 19 'A 0111 A If GMILAK A I I UNAUTHORIZED PROCUREMENT AND REQUEST FOR PAYMENT An unauthorized purchase of goods andlorservices, could result in a vri(Aabon of the City of, Santa, Clarfta's Purchasing Pdicy. Any such violations may The subject to disciplinary action- The lblovAng infornwition, is required before payment can beconsidered. Name: Aniountof Purchase:: Vendor Name: Descripfkm of Purchase: 1*7= " J! =-'3m F1Purchase over $3,0100 was imade withotit a'F�urchase Crder- 11 Purchase was, for a service, and was, made v0thout an authorized', IIdly executed contract- F1Purchase over $A0W was made wfthout obtaining 3 quates- ❑ Purchase was, made wfthout a "Sihgle/Sde Source Justifi, cafkmfin pie. ❑Splitting- mul4p4a purchases were made under the limit in order to avoid issuing a Purchase Order. F1 Other:. Descripbon of unauthorized procumment: SupEwvisor Approvall (print and sign):_ Division Manager Approval," - Director Approval: Clime* 9. Contract Services, Manager Approval: Forrn GDmple-ted by: 6 LU 0 (L Z n 0 LU Z -J a LU LU U) 0 (L 0 w (L 0 (L L) (L E Purchasing Policy April 2018 Change 9 Appendix I Page 1 04 5?,N ,4 CL City of Santa Clarita POLICY/PROCEDURE CFO 5 6ECERbB��^ Number II-26.1 SUBJECT: ENVIRONMENTALLY PREFERABLE PURCHASING PROGRAM ORIGINAL ISSUE I EFFECTIVE: 12/31/2009 1 CATEGORY: ADMINISTRATION CURRENT ISSUE I EFFECTIVE: 06/26/2018 1 SUPERSEDES: II-26 RESPONSIBLE DEPARTMENT: CITY MANAGER'S OFFICE I. PURPOSE This policy is hereby deleted. This program is established in the Purchasing Policy and Municipal Code Chapter 3.12. II. AUTHORITY By the authority of the City Council. Laurene Weste Mayor O� 5ANTq O{ 9 � e SEA lS mECEMg�aa City of Santa Clarita POLICY/PROCEDURE Number II-38 SUBJECT: CITY MANAGER AUTHORITY TO GRANT RIGHTS TO USE CITY PROPERTY ORIGINAL ISSUE I EFFECTIVE: 06/26/2018 1 CATEGORY: CITY MANAGER RESPONSIBLE DEPARTMENT: CITY MANAGER'S OFFICE 1. II. PURPOSE To provide the City Manager with authority to grant the right to use City owned property. From time to time, temporary access to and/or use of City property by private parties and/or other governmental entities is in the best interests of the City. Frequently, such use is of such a limited duration and/or scope that formal Council action is unwarranted. This policy defines the circumstances under which the City Manager or his/her designee is authorized to grant rights to utilize City property without further Council action. GRANT OF RIGHT TO USE CITY PROPERTY A. Types of Grants of Rights: 1. Encroachment Permit. An "encroachment" means any obstruction, structure or object which is placed in the right of way. (SCMC § 13.04.060.) Prior to encroaching into the right of way, an individual must obtain an encroachment permit. (SCMC § 13.06.010.) An encroachment permit ma) be granted when allowed by the municipal code. 2. Franchise Agreement. A franchise is an authorization granted by the city to an individual or group enabling them to carry out specified commercial activities. The City issues franchises for cable television (SCMC § 4.12.010), solid waste (SCMC § 15.44.305), and pipelines and other utilities (SCMC § 13.74.020). A franchise agreement may be granted when authorized by the City Council. 6 w_ U_ J 0 a J_ U z 0 U Page 1 of 4 3. Easement. An easement, like a license, gives the permission of the owner to use or prevent the use of the owner's real property. However, unlike a license, it transfers to the easement holder an interest in the real property that encumbers the record title. Easements are classified as either benefiting and transferable with a specific piece of real property or personal to the grantee. An easement can be transferred. Unless otherwise specified, an easement is presumed to be permanent and non-exclusive.. The Municipal Code anticipates easements for parking, ingress, egress, emergency access, light and/or air access, signage, landscaping, and open space purposes. (SCMC § 16.20.010 (B)(1).) Easements are generally permanent. Easements may be granted under this policy when in furtherance of a City Council approval or a condition of approval. 4. Lease. A lease is an agreement in which the landlord agrees to give the tenant the exclusive right to occupy real property, usually for a specific term and, in exchange, the tenant agrees to pay rent to the landlord. A lease transfers to the tenant a leasehold interest in the real property and, unless otherwise provided in the lease, a lease is transferable and irrevocable. The landlord -tenant relationship is governed by the lease and by California state law. 5. License Agreement. A license gives the permission of the owner to an individual or an entity to use real property for a specific purpose. Unlike a lease, it does not transfer an interest in the real property. It is personal to the licensee and any attempt to transfer the license terminates it. It is (usually) revocable and can be either exclusive or non- exclusive. B. Scope: As encroachment permits, franchises and easements require separate Council approval and/or are authorized in the Santa Clarita Municipal Code, this policy applies to leases and license under circumstances that meet the following requirements: 1. The grant of right to use City property must not exceed 1 year, although it may be renewable for additional one year periods; 2. The grant of right to use City property must be terminable on no more than sixty days' notice without cause, or immediately, upon an emergency or the City's need for sole possession of the property; 6 w_ U_ J 0 a J_ U z D 0 U Page 2 of 4 C. L7 3. The grant of right to use City property may include the payment of rent or a fee and must be revenue neutral, or result in a de minimus cost to the City; 4. The grant of right to use City property must include indemnification and insurance to protect the City; 5. In the event of installation of improvements or alteration of the property, the grant of right to use City property should include bonds to secure removal of the improvements or restoration of the property; 6. The grant of right to use City property must comply in all respects with the City's codes and applicable State and Federal laws; 7. The party using the property must obtain all necessary and required permits and entitlements for the use, notwithstanding the existence of any grant of right to use City property; 8. The grant of right to use City property must include language that waives any relocation rights. Lease vs. License: The determination as to whether to utilize a lease or a license agreement shall be made by the City Manager in consultation with the City Attorney's office. Generally a license is preferred to a lease, as licenses do not include the statutory tenant protections provided by a lease. The following criteria may be utilized for such a determination: 1. Whether or not recurring payments are contemplated for use of the Property; 2. Whether the use of the property is one that is typically formalized in a lease or a license agreement; 3. The duration of the use, and whether such duration is fixed or uncertain; 4. Whether exclusive or non-exclusive possession is needed. Types of Cily Properly subject to the Policy: The following is a non- exclusive list of types of properties subject to this policy: 1. City Hall; 6 w_ U_ J 0 a J_ U z D 0 U Page 3 of 4 IV. 2. The Business Incubator; 3. Other City Buildings; 4. Open Space, park land, trails. EXCEPTIONS This policy shall not apply to the granting of leases or licenses for cellular or telecommunication equipment. AUTHORITY By the authority of the City Council. Laurene Weste Mayor Page 4 of 4 ° SAN rA eL '-� City of Santa Clarita POLICY/PROCEDURE 4Gh CFO T5 pEGEN`P Number I-2.1 SUBJECT: HOUSE SEWER LATERALS ORIGINAL ISSUE I EFFECTIVE: 06/10/1988 1 CATEGORY: LEGISLATIVE RELATIONS CURRENT ISSUE I EFFECTIVE: 06/26/2018 1 SUPERSEDES: I-2 RESPONSIBLE DEPARTMENT: PUBLIC WORKS I. PURPOSE This policy is hereby superseded by the Santa Clarita Municipal Code (SCMC) Section 15.20.010 II. AUTHORITY By the authority of the City Council. Laurene Weste Mayor CITY OF SANTA CLARITA NUMBER II-26 ORIGINAL ISSUE 12/31/2009 EFFECTIVE 12/31/2009 CURRENT ISSUE EFFECTIVE SUPERSEDES RESPONSIBLE DEPARTMENT: ADMINISTRATIVE SERVICES PURPOSE POLICY/PROCEDURE SUBJECT ENVIRONMENTALLY PREFERABLE PURCHASING PROGRAM CATEGORY: ADMINISTRATION STANDARD MANAGEMENT PROCEDURE The purpose is of this Standard Management Procedure is to establish the procedures to be followed for the purchasing of services, supplies, or equipment in the most sustainable manner. POLICY SUSTAINABLE SANTA CLARITA ENVIRONMENTALLY PREFERABLE PURCHASING PROGRAM • institute practices that reduce waste and minimize environmental impacts whenever practicable and cost- effective by increasing product efficiency and effectiveness, but without reducing safety or workplace quality while promoting the fair treatment of all races, cultures and incomes with respect to this policy, • purchase products that include recycled content, are durable and long-lasting, conserve energy and water, use agricultural fibers and residues, reduce greenhouse gas emissions, use unbleached or chlorine free manufacturing processes, are lead-free and mercury -free, and use wood from sustainably harvested forests, • adopt Environmentally Preferable Purchasing (EPP) processes in support of the City's Sustainability Plan, and • encourage vendors, contractors and grantees to implement this program for all products and services provided to City of Santa Clarita. SECTION 2.0 - PURPOSE This Program is adopted in order to: • conserve natural resources, • minimize environmental impacts such as pollution and use of water and energy, 0 eliminate or reduce toxins that create hazards to workers and our community, • support strong recycling markets, • reduce materials that are landfilled, • identify environmentally preferable products and distribution systems, • increase the use and availability of environmentally preferable products that protect the environment, • reward manufacturers and vendors that reduce environmental impacts in their production and distribution systems, • create a model for successfiilly purchasing environmentally preferable products that encourages other purchasers in our community to adopt similar goals. SECTION 3.0 - SPECIFICATIONS 3.1 Source Reduction 3.1.1 City of Santa Clarita shall institute practices that reduce waste and result in the purchase of fewer products whenever practicable and cost-effective, but without reducing safety or workplace quality, including but not limited to: • electronic communication instead of printed media, • double -sided photocopying and printing, • washable and reusable dishes and utensils, • rechargeable batteries, • streamlining and computerizing forms, • electronic and "online" publishing via CD, Internet and intranet, • "on -demand" printing of documents and reports as they are needed and where electronic publishing would be unsatisfactory, • leasing long -life products when service agreements support maintenance and repair rather than new purchases, such as carpets, • sharing equipment and occasional use items such as chippers, • choosing durable products rather than disposable, • reducing product weight or thickness when effectiveness is not jeopardized in products such as, but not limited to, paper and plastic liner bags, • buying in bulk, when storage and operations exist to support it.and balanced with the costs of inventory management, • reusing products such as, but not limited to, file folders, storage boxes, office supplies, and furnishings. 1 3.1.2 City of Santa Clarita shall purchase rein anufactured products such as laser toner cartridges, tires, U �l furniture, equipment and automotive parts and fluids whenever practicable, but without reducing safety, quality or effectiveness. 3. l .3 City of Santa Clarita shall require all equipment bought after the adoption of this program to be compatible with source reduction goals and practices when practicable, including but not limited to: • copiers and printers capable of duplexing, • battery -operated equipment capable of being recharged or using rechargeable batteries, • dishwashing equipment, when washable and reusable dishes and utensils are practicable, • bulk storage and operation. 3.1.4 All buyers shall evaluate short-term and long-term costs in comparing product alternatives, when feasible. This includes consideration of total costs expected during the time a product is owned, including, but not limited to, acquisition, extended warranties, operation, supplies, maintenance, disposal costs and expected lifetime compared to other alternatives. Examples of products for which such cost comparisons can indicate significant differences between short- and long-term costs include, but are not limited to, janitorial towels and tissues, parking stops, park benches and tables, office equipment, software and vehicles. 3.1.5 Products that are durable, long lasting, reusable or refillable are preferred whenever feasible. 3.2 Recycled Content Products 3.2.1 A significant element of reducing waste contributions to landfills is recycling. Recognizing the impact of government spending on stimulating the recycling industry, the State has imposed requirements on the procurement of recycled products by local agencies. The California Public Contract Code (PCC) Sections 22150-22154 outline these requirements. The City will give preference to buying the recycled content products as outlined in the PCC whenever recycled products are available at the same or lesser cost and fitness and quality are equal. Also in accordance with the PCC, the City will require the vendor to certify the recycled content of the products being provided. 3.2.2 City staff shall strive to incorporate the requirements the U.S. EPA has established for various materials, such as those for construction, landscaping, parks and recreation, transportation, vehicles, miscellaneous, and non -paper office products. The programs are known as the Comprehensive Procurement Guidelines (CPG) and Recovered Materials Advisory Notice (RMAN). These programs are updated periodically to identify categories of material for which there are recycled content alternatives and the recommended recycled contents. 3.2.3 Janitorial paper products shall contain the highest postconsumer content practicable, but no less than the minimum recycled content standards established by the U.S. EPA Guidelines. 3.2.4 Printing paper, office paper, and paper products shall contain the highest postconsumer content practicable, but no less than the minimum recycled content standards established by the United States Environmental Protection Agency (U.S. EPA) Guidelines (see Definitions). 3.2.5 Copiers and printers bought shall be compatible with the use of recycled content products. When necessary, suppliers shall train equipment maintenance personnel in the appropriate use of recycled products with their equipment. 3.2.6 In accordance with California Public Contract Code, Sec. 10409, City of Santa Clarita shall purchase recycled lubricating and industrial oil for use in its vehicles and other equipment, as long as it is certified by the American Petroleum Institute (API) as appropriate for use in such equipment (see http://api- ep.api.org/quality/index.cfm for information about API's Engine Oil Licensing and Certification System). 3.2.7 When specifying asphalt concrete, aggregate base or portland cement concrete for road construction projects, City of Santa Clarita shall use recycled, reusable or reground materials when practicable, including, but not limited to, in -place recycling of asphalt concrete, aggregate base and portland cement concrete; rubberized asphalt concrete; recycled aggregate base; recycled fly ash content concrete or recycled l� asphalt concrete. 3.2.8 City of Santa Clarita shall specify and purchase recycled -content transportation products, including signs, cones, parking stops, delineators, and barricades, including recycled products approved by the California Department of Transportation (Caltrans). 3.2.9 City of Santa Clarita shall specify and purchase carpet with 100% total recycled PVC backing, solution dyed nylon face fiber and permanent or durable anti -microbial treatment. In addition, the City should aim for producer responsibility for accepting old carpet for recycling to ensure fixture needs for carpet replacement will include the recycling of old carpet. 3.3 Forest Conservation 3.3.1 To the greatest extent practicable, City of Santa Clarita shall not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. When possible, City of Santa Clarita shall give preference to wood products that are certified to be sustainably harvested by a comprehensive, performance -based certification system, such as the Forest Stewardship Council. Further guidance may be found in the City of Santa Clarita's Hardwood resolution. 3.4 Toxins and Pollution 3.4.1 When replacing vehicles, regular diesel shall be phased out and replaced with less polluting alternatives such as low sulfur or bio-diesel, gasoline, compressed natural gas, biobased fuels, hybrids, hydrogen fuel cells and electric batteries. 3.4.2. To the extent practicable, no cleaning or disinfecting products (i.e. for janitorial or automotive use) shall contain ingredients that are eye or skin irritants, neurotoxins, carcinogens, mutagens, or teratogens. These include chemicals listed by the U.S. EPA or the National Institute for Occupational Safety and Health on the Toxics Release Inventory and those listed under Proposition 65 by the California Office of Environmental Health Hazard Assessment. If products must be used that contain these toxic materials, ensure that only the minimum amounts are used and the product is disposed of properly (see Definitions). To the extent practicable, cleaning or disinfecting products should include biodegradability, be in concentrated form, be non -aerosol and have a recyclable container made of plastic numbers I or 2. 3.4.3 The use of chlorofluorocarbon-containing refrigerants, solvents and other products shall be phased out and new purchases shall not contain them. 3.4.4 All surfactants and detergents shall be readily biodegradable and, where practicable, shall not contain phosphates. 3.4.5 All interior paint shall contain the lowest concentrations practicable of volatile organic compounds (VOCs), but as a minimum shall not exceed 50 grams VOC per liter (50g/1) for flat paint and 150 grams per liter (150g/1) for non -flat paints, as determined in accordance with U.S. EPA Test Method 24, CFR Title 40, Part 60, Appendix A. For exterior paints, preference shall be given to paints containing at least 50 percent recycled content (post-industrial and postconsumer) and/or VOC concentrations less than 150g/I (U.S. EPA Test Method 24). All adhesives shall meet South Coast Air Quality Management District Rule 1168. 3.4.6 City of Santa Clarita shall reduce or eliminate its use of products that contribute to the formation of dioxins and furans. This includes, but is not limited to: Purchasing paper, paper products, and janitorial paper products that are unbleached or that are processed without chlorine or chlorine derivatives, whenever possible. Processed chlorine free (PCF) paper is preferred. Elemental chlorine free (ECF) processes should include enhanced processes such as extended and oxygen delignification whenever possible. Vendors and successful bidders shall supply certification of the paper's chlorine free processing status from either a recognized certifying organization or the pulp and paper manufacturer. • Prohibiting purchase of products that use polyvinyl chloride (PVC) such as, but not limited to, binders, flooring, and medical supplies whenever practicable. 3.4.7 City of Santa Clarita shall purchase products and equipment with no lead or mercury whenever possible, including automotive vehicles, equipment and lighting. For products that contain lead or mercury, City of Santa Clarita shall give preference to those products with lower quantities of these metals and to C� ) vendors with established lead and mercury recovery programs. 3.4.8 To facilitate the reprocessing of paper waste the City shall call for the use of soy/vegetable based inks for all printing. Graphics will continually monitor industry trends towards more environmentally friendly inks. 3.5 Energy and Water Savings 3.5.1 Where applicable, energy -efficient equipment shall be purchased with the most up-to-date energy efficiency functions. When necessary, suppliers or manufacturers shall train equipment operators and maintenance personnel in the proper enabling and use of energy efficient and sleep mode functions on their equipment. New and replacement equipment/fixtures will incorporate the requirements of this section. 3.5.2 When practicable, City of Santa Clarita shall replace inefficient lighting with energy efficient equipment. Incandescent, mercury vapor and T12 fluorescent lamps should be replaced with compact fluorescent lamps, high -intensity discharge (HID) fixtures and low -mercury T8 or T5 fluorescent lamps. The magnetic ballasts used in older fluorescent lighting should be replaced with electronic ballasts. New lighting should be designed to use no more than 85% of the power allowed by Title 24 Energy Code. Purchasers shall require vendors to recycle discarded lighting fixtures and lamps appropriately, with an emphasis on lowering mercury levels in energy efficient lighting. Staff will continue to investigate technologies that reduce the energy requirements of existing lighting such as sensors, timers and frequency regulators. 3.5.3 All appliances purchased by City of Santa Clarita and for which the U. S. EPA Energy Star certification is available shall meet Energy Star certification. Typically, this would include motors/pumps, exhaust fans, water heaters, computers, exit signs, water coolers and appliances such as refrigerators, dishwashers and microwave ovens. 3.5.4 When Energy Star labels are not available, choose energy efficient products that are in the upper 25% of energy efficiency as designated by the Federal Energy Management Program. 3.5.5 Wherever City of Santa Clarita replaces roofs, Energy Star -qualifying roof materials shall be used. 3.5.6 City of Santa Clarita shall purchase high efficiency space heating systems that use natural gas rather than electricity, and have an annual fuel utilization efficiency (AFUE) of 0.86 or greater, whenever practicable 3.5.7 City of Santa Clarita shall purchase high efficiency space cooling equipment with an energy efficiency rating (EER) of 11.5 or greater, whenever practicable. 3.5.8 City of Santa Clarita shall purchase water -saving products whenever practicable. 3.6 Green Building - Construction and Renovations 3.6.1 Proposals for project design will include fundamental building systems commissioning services (preferably independent of the design team) for independent review of plans and designs, participation in design charettes, to ensure building systems function as designed, to review outstanding commissioning issues within one year of project completion, and provide building operations/maintenance staff training and a building systems manual 3.6.2 All building and renovations undertaken by City of Santa Clarita shall follow Green Building practices for design, construction, and operation, as specified in the appropriate US Green Building Council Leadership in Energy and Environmental DesignTM (LEED) criteria. 3.6.3 All newly constructed City of Santa Clarita-sponsored buildings shall incorporate sufficient green building methods and techniques to qualify for the equivalent of a LEEDTm Rating System Silver certification (see Definitions). 3.6.4 Renovation of City of Santa Clarita-sponsored buildings shall achieve as many pre -requisites and credits as feasible as described in the LEEDTM Rating System for Existing Buildings Pilot Phase and any subsequent version adopted (see -Definitions). 3.6.5 City of Santa Clarita shall work with residents, businesses, and other members of the community, including architects, builders and contractors, to encourage private development within the City to use green building methods and practices and to achieve standards set by LEEDTM for commercial buildings and the in consultation with appropriate City departments. 3.7 Waste Minimization 3.7.1 City of Santa Clarita requires vendors to eliminate packaging or use the minimum amount necessary for product protection, to the greatest extent practicable. 3.7.2 Packaging that is reusable, recyclable or compostable is preferred, when suitable uses and programs exist. 3.7.3 Vendors shall be encouraged to take back and reuse pallets and packaging materials. 3.7.4 Suppliers of electronic equipment, including but not limited to computers, monitors, printers, and copiers, shall be required to take back equipment for reuse or environmentally safe recycling when City of Santa Clarita discards or replaces such equipment, whenever possible. 3.8 Landscaping 3.8.1 Workers and contractors providing landscaping services for City of Santa Clarita shall employ sustainable landscape management practices whenever possible, including: • The use of Integrated Pest Management (IPM), including minimal pesticide use is encouraged. • Grasscycling (leaving the clippings on the lawn) or mulching mowers is required for at least 50% of all mowings. • Pruning shall be done on an as needed basis. Thinning is the preferred method of pruning. Minimal heading or shearing is encouraged. • Fertilizing should be done on an as needed basis, as indicated by a soil analysis. Slow release and/or organic fertilizers are preferred. • Irrigation scheduling based on weather (evapo-transpiration rates) is required whenever possible. Drip irrigation is preferred whenever practical. • Turf areas where drip irrigation is not appropriate should be limited to walking and play surfaces. All other landscaping (such as for views) should be accomplished with low-water plantings. • Recycling of plant debris by composting and/or maintaining a minimum 2-inch layer of mulch under all trees, shrubs and groundcovers and a minimum 3-inch layer in all open areas is strongly encouraged. Allowing leaf drop to become part of the mulch layer in tree, shrub and groundcover areas is preferred. 3.8.2 Plants should be selected to minimize waste by choosing species that are appropriate to the microclimate, species that can grow to their natural size in the space allotted them and perennials rather than annuals for color. Native and drought -tolerant plants that require no or minimal watering once established are preferred. 3.8.3 To the greatest extent practicable, City of Santa Clarita shall not procure mulch products that originate from forest products. When possible, City of Santa Clarita shall give preference to mulch products that are produced on -site or from regionally generated plant debris. 3.8.4 To the greatest extent practicable, City of Santa Clarita shall procure compost that is produced from feedstock that includes at least 50%, by volurne, regionally generated plant debris and/or food waste and less than 0.5% by volume, physical contaminants. The compost shall be processed in accordance with California Code of Regulations, Title 14, Chapter 3, Article 7, Sections 17868.2-3 to promote pathogen reduction and weed seed kill and minimize heavy metal concentrations. 3.8.5 Hardscapes and landscape structures constructed of recycled content materials are encouraged. Concrete substitutes are encouraged for walkways, such as rosin emulsion paving. 3.9 Agricultural Bio-Based Products 3.9.1 Vehicle fuels made from non -wood, plant -based contents such as vegetable oils are encouraged whenever practicable. 3.9.2 Paper, paper products and construction products made from non -wood, plant -based contents such as agricultural crops and residues are encouraged whenever practicable. 3.10 Electronics 3.10.1 As technology advances have brought about an exponential increase in the manufacture of electronic items, the impact of obsolescence caused waste has been significant. Changing technology has brought the life expectancy of some items down to as little as two years. Additionally, current electronics manufacture is resource intensive and involves some toxic materials such as heavy metals. A maximum preference of 5% of price or 5% of the total points possible may be awarded for vendor products meeting any of the criteria specified in 3.9.2 through 3.9.4. 3.1.0.2 Electronic equipment procurement policies shall seek to preserve resources by reducing the purchase frequency and pursuing upgrade opportunities to the extent feasible. Items containing more than 20% recycled material by content may qualify for a preference. 3.10.3 Acquisitions for electronic equipment should include "take back" provisions. Vendors shall be required to accept replaced equipment for recycling and proper disposal. Where possible, acquisitions shall require vendor to accept equipment back for recycling and proper disposal when it has reached the end of its useful life or is no longer working. 3.10.4 To assist in managing a rapidly changing technology, the Environmental Protection Agency (EPA) encouraged the development of a certification standard for sustainable electronic equipment, beginning with personal computers, under a grant to the Green Electronics Council. This program evolved into the Electronic Product Environmental Assessment Tool (EPEAT). In January of 2007 Executive Order 13423 required all federal agencies to purchase at 95% of all electronics from the EPEAT list of registered products unless there was no standard available for the equipment purchased. Recognizing that electronics is one of the fastest growing sources of hazardous waste, the City will purchase at least 95% of all electronic products from the list of EPEAT registered equipment where there exists an EPEAT standard. Further, the City will make at least 85% of its purchases from the Silver level tier or above. 3.10.5 Specifications for electronic equipment shall give preference to equipment manufactured with less toxic components or processes. 3.10.6 Upon installation, electronic equipment will have all energy management features activated as the default setting. SECTION 4.0 - DEFINITIONS "Agricultural Bio-Based Products" means commercial or industrial products (other than food or feed) that utilize agricultural crops or residues but does not include products made from forestry materials. "Buyer" means anyone authorized to purchase on behalf of this jurisdiction or its subdivisions. "Chlorine free" means products processed without chlorine or chlorine derivatives. "Contractor" means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor or other entity that has a contract with City of Santa Clarita or serves in a subcontracting capacity with an entity having a contract with City of Santa Clarita for the provision of goods or services. "Dioxins and furans" are a group of chemical compounds that are classified as persistent, bioaccumulative, and toxic by the Environmental Protection Agency. "Elemental Chlorine Free" (ECF) bleaching processes replace elemental chlorine gas with a chlorine derivative as the bleaching agent. There is a wide range of different bleaching sequences covered under this term. While all ECF processes significantly reduce the amount of dioxins created in the bleaching process, those that include enhanced processes such as extended and oxygen delignification achieve the greatest �i reduction. "Energy Star" means the U.S. EPA's energy efficiency product labeling program described at littp://www.eneraystar.jzov. "Energy Efficient Product" means a product that is in the upper 25% of energy efficiency for all similar products, or that is at least 10% more efficient than the minimum level that meets Federal standards. The "Forest Stewardship Council" is a global organization that certifies responsible, on -the -ground forest management according to rigorous standards developed by a broad variety of stakeholder groups (http://fscus.or /hg tml/). "LEED" Rating System" means the self -assessing system, Leadership in Energy and Environmental Design, developed by the U.S. Green Building Council designed for rating new and existing commercial, institutional, and high-rise residential buildings. Credits are earned for satisfying defined criteria and standards. Different levels of green building certification are awarded based on the total credits earned. The LEEDTM Green Building Rating System is described at http://www.us bg c.orr7. "Postconsurner Material" means a finished material which would normally be disposed of as a solid waste, having reached its intended end -use and completed its life cycle as a consumer item, and does not include manufacturing or converting wastes. "Practical" and "Practicable" mean whenever possible and compatible with state and federal law, without reducing safety, quality, or effectiveness. "Preconsurner Material" means material or by-products generated after manufacture of a product is completed but before the product reaches the end -use consumer. Preconsumer material does not include mill and manufacturing trim, scrap, or broke which is generated at a manufacturing site and commonly reused on -site in the same or another manufacturing process. "Processed Chlorine Free (PCF)" refers to a recycled product in which the recycled content is produced using no chlorine or chlorine derivatives. Any virgin content in the product must also be produced in a chlorine free system. "Proposition 65" means a list of chemicals that are known to the State of California to cause cancer, birth defects or other reproductive harm. The list is maintained by the California Office of Environmental Health Hazard Assessment (http://www.oehha.ca.gov/prop65.html). "Recovered Material" means fragments of products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes preconsumer and postconsumer material but does not include excess resources of the manufacturing process. "Recycled Content" means the percentage of recovered material, including preconsumer and postconsumer materials, in a product. "Recycled Content Standard" means the minimum level of recovered material and/or postconsumer material necessary for products to qualify as "recycled products." "Recycled Product" means a product that meets City of Santa Clarita's recycled content policy objectives for postconsumer and recovered material. "Remanufactured Product" means any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to its original form. "Reused Product" means any product designed to be used many times for the same or other purposes without additional processing except for specific requirements such as cleaning, painting or minor repairs. "Source Reduction" refers to products that result in a net reduction in the generation of waste compared to their previous or alternate version and includes durable, reusable and remanufactured products; products with no, or reduced, toxic constituents; and products marketed with no, or reduced, packaging. "Title 24" means the State of California's energy efficiency standards for residential and nonresidential buildings (Title 24, Part 6) maintained by the California Energy Commission and described at http://www.energ.�ca.lzov/title24. The "Toxics Release Inventory" (TRI) is a publicly available U. S. EPA database that contains information �J on toxic chemical releases and other waste management activities reported annually by certain covered industry groups as well as federal facilities. It includes chemicals that are classified as carcinogens under the requirements of the Occupation Safety and Health Administration (OSHA) Lists can be obtained from littp://www.epa.gov/tri/chemical/iiidex.litm. "U,S. EPA Guidelines" means the Comprehensive Procurement Guidelines established by the U.S. Environmental Protection Agency for federal agency purchases as of May 2002 and described at http://www.epa.-ov/epaoswer/non-hw/procure/products.htm, or as updated. "Water -Saving Products" are those that are in the upper 25% of water conservation for all similar products, or at least 10% more water -conserving than the minimum level that meets the Federal standards. SECTION 5.0 - PRIORITIES 5.1 The health and safety of workers and citizens is of utmost importance and takes precedence over all other policies. 5.2 The City of Santa Clarita considers sustainability to be the foundation of lasting quality of life improvement programs. Environmentally Preferred Purchasing is a key step in leading the business community and residents towards that goal. 5.2 City of Santa Clarita has made significant investments in developing a successful recycling system and recognizes that recycled content products are essential to the continuing viability of that recycling system and for the foundation of an environmentally sound production system. Therefore, to the greatest extent practicable, recycled content shall be included in products that also meet other specifications, such as chlorine free or bio-based. 5.3 Nothing contained in this program shall be construed as requiring a department or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time. 5.4 Nothing contained in this program shall be construed as requiring the City of Santa Clarita, department or contractor to take any action that conflicts with state or federal requirements. SECTION 6.0 - IMPLEMENTATION 6.1 Environmental Services shall help departments implement this program through development of an advisory committee consisting of members representing Environmental Services, Purchasing, Information Technology, and each department. The team's responsibilities shall include, but are not limited to: • evaluating opportunities for substituting environmentally preferable products, • designing and implementing programs and processes for increasing the purchase of environmentally preferable products, • educating managers and staff about City of Santa Clarita's Environmentally Preferable Purchasing Program, • ensuring that purchasing documents, specifications, and contracting procedures do not contradict each other and do not deter or inhibit the purchase of environmentally preferable products, • providing information to facilitate the evaluation and purchase of environmentally preferable products, including identifying appropriate products and sources and providing technical assistance, • evaluating obstacles to purchasing such products in order to create solutions, and. • tracking and recording progress in achieving successful results. 6.2 In compliance with State law, vendors shall be required to specify the minimum or actual percentage of recovered and postconsumer material in their products, even when such percentages are zero. 6.3 Vendors and successful bidders shall verify and report any environmentally preferable purchasing attributes in writing. This requirement for certification applies to products for which the vendor or successful bidder claims such attributes as apply to the product, including, but not limited to, recycled content, chlorine free, non -toxic, reduced toxicity, sustainable forestry, and energy -saving features. 6.4 Buyers making the selection shall provide a written explanation for not selecting product choices that meet the environmentally preferable purchasing criteria in this policy. Such written explanations shall be filed with the Purchasing Agent within 15 days of making the product choice (see Attachment for sample procurement determination form). 6.5 All contracts and grants providing services or products to the City of Santa Clarita shall adhere to the guidelines stated in this program to the extent possible. SECTION 7.0 - PROGRAM EVALUATION AND MEASUREMENT 7.1 Environmental Services shall institute a system for tracking the purchases of environmentally preferable products. Whenever practicable, vendors will be required to provide reports on their sales of environmentally preferable products to assist City of Santa Clarita in this tracking. 7.2 Each Department will report EPP procurements to the Environmental Services Manager each quarter. The reports will identify the type of commodity purchased, the dollar value and the qualifying attributes of the commodity. 7.3 The Environmental Services Manager shall provide a narrative report annually to the City Council on the success of this policy's implementation. To the extent practicable, such report shall include information on the annual volume and dollar amount of environmentally preferable products purchased compared to the total amount of products purchased, within general product categories. When possible, reports shall include a narrative evaluation of the performance, safety, and environmental benefits achieved through use of the environmentally preferable products purchased. Reports should relate progress in meeting the objectives of this Policy as stated in Sections 1.0 and 2.0 and in accordance to the Specifications categories used in this Policy. This report will become one element of the City's Sustainability Program to be shared with the community. The report will also be included in quality of life evaluations. 7.4 Reports shall include notation of any barriers encountered in procurement of environmentally preferable products, recommendations for resolution, and/or description of assistance needed for overcoming the obstacles. SECTION 8.0 - EFFECTIVE DATES 8.1 This policy shall take effect on December 1, 2009. 8.2 The first annual report shall be issued within one year following the effective date of this policy. EXCEPTION Exceptions to this policy may be authorized by the City Council. EFFECTIVE DATE This policy will be implemented, effective December 1, 2009. AUTHORITY Adopted by the City Council on November 24, 2009. Kenneth R: Attachinent ATTACHMENT A Sample Procurement Determination Form Item: This item is required to meet Environmentally Preferable Purchasing guidelines as described in Resolution XX-XX. I have considered the Environmentally Preferable Purchasing guidelines and searched for product or service options that meet them. item). Compliance with Resolution XX-XX was not attainable for this purchase because: Item is not available within a reasonable period of time. (Need date: Date available: ) Item fails to meet a performance standard in the specifications. Specifically, Item is not available, or is not available from 2 or more sources. Market research was performed by calling (insert number) vendors, but only (enter name) was able to supply the item. Item was only available at an unreasonable price (i.e., EPP item cost more than non -compliant Price of EPP item: Price of non -compliant item: Compliance would conflict with state or federal law requiring that: Signature of Purchaser Printed Name of Purchaser Date CITY OF SANTA CLARITA POLICY/PROCEDURE -'. NUMBER _'- �Z ORIGINAL ISSUE June 10, 1988 CURRENT ISSUE SUBJECT EFFECTIVE June 10, 1.988 House Sewer Laterals EFFECTIVE CATEGORY No. 1 SUPERCEDES Council Policy Statement STANDARD MANAGEMENT PROCEDURE POLICY -STATEMENT I PURPOSE The purpose of this Policy Statement is to identify and establish the basic responsibilities of homeowners and the. City for the maintenance and replacement of the house lateral. II. DEFINITIONS The following definitions apply. "MAIN" That portion of the sanitary sewer system directly controlled by the City which collects sewer discharge from house or building laterals. "House Lateral" That portion of the horizontal piping which extends from the house sewer system to the main or public sewer. III. RESPONSIBILITY A. A house lateral is the outside extension of a household plumbing system. As such, the cost of all maintenance, repair, cleanout, replacement, reconstruction, etc., of a house lateral shall_ be the complete responsibility of the homeowner. .,B. Neither the City nor any of the agencies acting for the City shall assume any responsibility for performing any 'work on or paying for any work performed on a house lateral, including any portions of the lateral which may be located in a public easement or right of way. IV. EXCEPTIONS No exceptions to this Policy Statement are authorized. V. AUTHORITY By authority of the City Council: June 9, 1988, Agenda Item No. 2 .edrick Bien City Manager