HomeMy WebLinkAbout2022-09-27 - AGENDA REPORTS - PURCHASING POLICY UPDATEO
Agenda Item: 8
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: A,1 A11�44_1)
DATE: September 27, 2022
SUBJECT: UPDATES TO THE CITY'S PURCHASING POLICY
DEPARTMENT: Administrative Services
PRESENTER: Andrew Adams
RECOMMENDED ACTION
City Council approve updates to the City of Santa Clarita's Purchasing Policy to enhance and
strengthen the City's procurement practices.
BACKGROUND
City Council adopted the City of Santa Clarita's (City) Purchasing Policy on April 24, 2012, and
approved the most recently modified version on March 10, 2020. The policy establishes the
guidelines for staff to make fiscally responsible purchases in compliance with applicable codes
and laws.
In an ongoing effort to refine processes, establish best practices, and proactively review the
City's policies, staff recommends several updates to the Purchasing Policy, most of which are
minor and intended to clarify current practice. The two primary changes, as outlined below based
on specific policy sections and identified by page numbers, include 1) the establishment of a
designated signatory authority hierarchy and 2) the inclusion of the design -build procurement
approach.
Contractual Si2nin2 Authority
Per City municipal code section 2.08.060, contractual signing authority for the City resides with
the Mayor and the City Manager; the latter delegates his authority to the Assistant City Manager
on an as -needed basis. Delegation of this authority is necessary as the City routes more than
1,000 contractual agreements annually. These range from complex, capital project contracts to
small-scale performer agreements. Each contract template has specific language that protects the
City from liability and outlines each parry's unique contractual responsibilities. Moreover, each
contract is routed through an approval process that obtains authorization from various City staff
before execution.
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To formalize these procedures and establish a more efficient contractual approval workflow,
staff recommends updating Section 1.0 (II) (Pages 2-3) of the Purchasing Policy to include
language memorializing the City Manager's authority to designate contractual signing authority
to key staff members for the approval of specific types of contractual agreements. As a result of
this update, signatory approval authority will be reasonably distributed among appropriate
designated City staff, allowing for timely and streamlined contract executions while still abiding
by the City's established contract approval process for all contracts Citywide.
Design -Build Procurement Approach
The Purchasing Policy, as written, currently authorizes four procurement approaches: 1) request
for proposal, 2) invitation to bid, 3) request for qualifications, and 4) request for quote. The
proposed update to Section 2.0 (II & VI) (Pages 5-6 & 9) of the Purchasing Policy recommends
the addition of design -build procurement as the fifth authorized approach. Design -build is a
project delivery method in which the City can contract with a single entity for design and
construction. Historically, when the City has selected the design -build approach for its respective
projects, City Council approval was required on a project -by -project basis due to the Purchasing
Policy's specific solicitation parameters. With this proposed update, staff would no longer be
required to seek the approval of the City Council to use the design -build procurement method.
However, the award of any design -build contract would still require City Council's approval.
ALTERNATIVE ACTION
Other actions as determined by the Council.
FISCAL IMPACT
None by this Council action.
ATTACHMENTS
Purchasing Policy 11 - Redlined
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City of
SANTA CLARITA
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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
21
SECTION 6.0
PURCHASE ORDER CHANGES
24
SECTION 7.0
SUPPLIER RELATIONS
26
SECTION 8.0
DEBARMENT
SECTION 9.0
POLICY EXCEPTIONS
30
SECTION 10.0
PROCUREMENT DURING A PROCLAIMED
32
EMERGENCY OR DISASTER
SECTION 11.0
GRATUITIES
35
SECTION 12.0
SURPLUS/TRANSFER OF PROPERTY
36
SECTION 13.0
PURCHASING WITH SPECIAL FUNDS
37
SECTION 14.0
SUSTAINABLE PURCHASING
38
SECTION 15.0
PROCUREMENT CARD
40
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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 AGENDA ACTION AUTHORIZING CO-
OPERATIVE AND "PIGGY BACK" PURCHASING JULY 11, 1995
APPENDIX GI UNAUTHORIZED PROCUREMENT FORM
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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.
In addition to this document, there are several references available online through rNet. You
are encouraged to review the Purchasing website periodically for more detailed information.
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I.
II.
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 Purchasing and Contracts Administrator or
position responsible for the day to day operations of the City's Procurement
Program.
B. Any purchase contrary to the provisions of this policy may be documented on
an Unauthorized Procurement form.
PROCUREMENT AND CONTRACTUAL AUTHORITY
A. All purchases of $5,000 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 ; r
services up to $5,000; however, a written contract is required.
B. The City Manager may waive this policy as necessary by reeemmend4ien to
applying to 41ie W'ks-.for purchases $50,000 and under.
C. The City Council may waive this policy for purchases over $50,000, except
for those provisions applying to Public Works.
D. The City Manager may designate his/her contractual signing authority for all
procurements and contractual agreements to the Assistant City Manager.
E. The City Manager may designate his/her contractual signing authority to the
respective Director for the following types of contractual agreements:
1) Performer/Presenter/Trainer Agreements
(2) Public Works Project Change Orders
F. The City Manager may designate his/her contractual signing authority to the
respective Division Manager for the following types of contractual
agreem ents :
(1) Sponsorship Agreements Under $10,000 (including renewals)
(2) Youth Sports Umpire Agreements
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(3) Filming Agreements
G. For contractual agreements not reauiriniz sianatory approval from a designated
staff member, such as Special Event Agreements, Picnic Reservations, and
Facility Reservation Agreements, or any other agreements established by the
City Manager as not requiring specific si _ng atory approvals, the respective
Director shall enact and enforce an approval process within his/her
Department authorized by the Purchasing Agent or City Attorney.
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
F. Ensure appropriate approval workflows are in place for all procurements,
subject to the thresholds outlined within this policy.
G. Approve all contract and agreement templates for use by City Staff, unless
otherwise aproved by the City Attorney.
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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= overf $5,000_ or- more.
E. City Council approval is required for all expenditures over $50,000, except;
public projects where Council approval is required when the amount exceeds
$200,000.
F. The City Manager has the authority to resolve disputes and settlements of a
$50,000 or less pursuant to Government Code section 935.4.
G. Ci . Manager has the authority to review, approve and execute, on behalf of
the Cily procurements that are consistent with all of the following criteria:
(1) The specific procurement activity does not meet the definition of a Public
Works project, and
(2) The awarded contractor is not paid more than $50,000 for any given
procurement activity; and
(3) The awarded contractor is not granted contract renewals for a procurement
activity that would cumulatively exceed $50,000 0 st year contract + all
renewals).
(4) City Council approval is required for any contract that, inclusive of
renewals and any associated amendments, exceeds $50,000.
H. When no formal, responsive, or responsible bids are received, the City
Manager (or designee), in adherence of the Public Contract Code as
applicable, and the City's municipal code, may authorize staff to negotiate a
contract and bring an award recommendation. if reauired by this Policy to the
City Council for approval.
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II.
SECTION 2.0
SOLICITATION PROCESSES
SCOPE
An appropriate competitive procurement process is required for all purchases of
$ c 000 and , iffover $5,000. 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 are also provided.
SOLICITATIONS
A solicitation is the document by which the City's procurement needs and the format
for responding is conveyed to vendors. The intended result of a solicitation is a
procurement contract (including purchase orders and written contracts) and the
solicitation must contain a process for determining the elements of a contract. There
are various types of solicitations to cover different procurement situations. The most
commonly used solicitations are: City feEms ar-e: Request for Quote (RFQ)
Invitation for Bid (11713),- Request for Proposal (RFP) and Design -Build -Some
professional services are required by law to use a Quality Based Selection (QBS)
process. For these services, a Request for Qualifications may be used or an RFP
template may be used with the 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 €effr-five 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 $50,000 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 $50,000 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 proposed
solutions from the marketplace to achieve goals and objectives stated in the
RFP.
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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.
E. Desian-Build- The Design -Build contracts are a delivery method for
construction projects that combines the architectural, engineering and
construction services required for a project into a single contractual
agreement. Such contracts are permitted under the California Public Contract
Code for public works projects $1,000,000 or more.
III. REQUEST FOR QUOTE
A Request for Quote (RFQ) is a simplified solicitation with a t44 ea- be as s>7E)14 as
format that is dependent on the circumstances
of the procurement and the needs of the user.
A. The RFQ must be in writing as well as any response. The records must be
retained in accordance with the City's records retention schedule.
B. The zesi3eo . r-a e fe - D FOsvar-ies.btff is tistialiv Wss t4aii 25-1,RFQs should
be sent to as many businesses as possible to ensure a minimum of three geed
responsive 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 (11713) 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.
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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 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 a
needed to support questions or pre -bid meetings/site visits.
E. The IFB and notice will state a time, date, and place for submission of a
bidsealed responses. _
F. If the IFB is for services, it must contain a sample of the contract document.
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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 speeifiea-t:,,rs scopes of work are not available
and the City seeks solutions in the form of proposals from experienced and qualified
firms. .
sitHatien.If procurement of architecture, landscape architecture, engineering,
environmental services, land surveying, or construction project management A&E
Services will be conducted using the RFP process, the cost section must be deleted.
A&E services 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.
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.
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VI.
C. RFPs should be advertised at least twice in the local newspaper as well as
posted on the City's website.
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 ear an Staff should tailor the Scope of Work section to match their
needs. Particular attention should be paid to the cost and evaluation portions
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EVALUATION. The evaluation of RFP responses and selection of successful a
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 carefully thought
through and incorporated into the RFP. There should be a minimum of three a
individuals to evaluate proposals. To facilitate the process a few general principles
should be followed:
A. The evaluation criteria should be listed in the order of their importance.
B. The weight for each criterion should be determined and entered onto the
evaluation score sheet form. The form should be drafted when the _
RFP is prepared, but NOT included with the RFP. N
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_ ___'-_.d_og -pet tit" ,' hanger
D. When conducting RFP evaluations, a single individual should conduct
reference checks, and that score-s should be incorporated in the evaluation
process by all evaluatorsineit de or toe were sh . If pricing is included,
the scoring for all other criteria should be completed before opening and
ifielti evaluating 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
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data. While pricing may not be considered in evaluating A&E services, a competitive
process is still required by the state Government Code.
GA. The evaluation criteria should be listed in the order of their importance.
9-.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.
�. When conducting Request for Qualification evaluations, a single individual
should conduct reference checks, and that score .,,hided o the were shoo*�
should be incorporated in the evaluation process by all evaluators.-
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.
VII. DESIGN -BUILD
The Design -Build procurement method may be used for public Droiects over $1
million to procure both design and construction services in one solicitation process.
By using the Design -Build method of project delivery, there are benefits from such
projects including reduced project costs, expedited project completion, and design
features that are not achievable through the traditional Design -Bid -Build method Der
the PCC 22160 — 22169.
A. City may contract with a separate design architect/engineer to provide
bridging documents that prescribe a design solution that the design -builder
implements.
B. A Request for Qualifications may be used to short-list qualified design -
builders to participate in the Request for Proposals.
C. The evaluation criteria for the Request for Proposals is based on
qualifications, a design concept and a cost proposal.
D. All Design -Build projects shall be governed by a standard organizational
conflict -of -interest policy. See Appendix H
VIIL 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 theme
eens*metiea eest aeeetinting preeed California Uniform Public Construction Cost
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Accounting Act. --Public projects are defined at D41ie Gen4aet Gode See6-eNPCC
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 P41ie Gon4 et GodePCC.
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
proj ect.
A. The alternative bidding procedure provides thresholds for the public project
procurement process. For projects under $60,000 the procedure provides for
the award of projects by Purchase Order other than by bidding. For staff this
means that for projects between $5,000 and $60,000, the solicitation process
may be a request for quote. Projects over $60,000 must be bid by either the
informal (projects from $60,000 to $200,000) or formal (projects over
$200,000) solicitation. The PCC provides for simplified and shortened
notification procedures for informal bids.
B. Request for Quote — The public project request for quote ma follow the
nofmal City request for quote process with the exception of the format of and
the award of the solicitation. The solicitation format Daywi44 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.
C. Invitation for Bid — Informal
Public projects over $60,000 but less than $200,000 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 the bid
is required.
(3) A payment bond in an amount equal to 100% of the contract value is
required for all public projects over $2560,000. Performance bonds
may also be required.
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E.
(4) The bid submissions will be displayed publicly.&eak 44' ��
opened and fead in ptiblic—.
(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.
Invitation for Bid — Formal
Public projects over $200,000 will follow the City's normal bid process with
the additional requirements of the Public Contract Code (PCC).
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(1) The notice inviting bids must be sent to the trade journals at least 1530
days before, and to the local newspaper at least 14 days before the bids
are due to the City.
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(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.
{3}L!�LThe bid submissions will be displayed publicly.seale bids will be
opened and fead in publie.
(6) The successful bidder will be the lowest responsible bidder and the
contract will be awarded by the City Council.
Acceptance of Public Works Projects, Execution and Recording of Notice of
Completion and Release of Bonds
{a)LD_The City Manager is hereby authorized to accept public works projects
as complete upon satisfactory completion of the project.
{lq-)�ZLPursuant to Civil Code Section 9200, 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.
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kGf1LPursuant to Civil Code Section 9362, 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.
04LILThe 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
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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.
V4IIX. SOLICITATION PROCESS ADNUNISTRATION
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.
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
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.
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(1) Late &e&'bid submissions may not be accepted and shall be
returned unopened in accordance with Government Code Section
53068.
(2) The absence of a signature, except those on the bonds or of the notary,
may be waived if the balance of the response contains those signatures
to constitute a valid contract or convey convincing evidence of the
intent to enter into a contract.
(3) City staff will be consistent in the application of these sections.
A-.(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.
B-L��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.
GL��Purchasing Agent or designee will have the authority to reject all bids
as permitted by the Public Contract Code.
9-.L1h_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.
(2) The total of the extended item pricing, if corrected by Rule 91, 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
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has corrected the Total Amount of the Bid pursuant to Rule 41 and/or
Rule #2.
Protest Procedures - Any person or entity may present a formal protest to the
City with respect to solicitations being conducted by staff.
(1) Definitions
A-LaL_"Bidder" - any person or firm providing a timely, written
response to the City solicitation.
9-. bL`Bid Protest" - any protest with regard to the response ;
submitted by another bidder. a
G-.Lc _"Response" - written response to the City solicitation provided
by a person or firm. a
as
P-.LdL"Solicitation Protest" - a statement of protest, dispute,
challenge, disagreement, disapproval or other objection regarding
documents, determinations or actions taken or contemplated by the a
City with respect to a solicitation.
(eL"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:
{4-}LaLThe name, address, and phone number of the protester, or the
authorized representative of the protester;
q4L LThe signature of the protester or authorized representative of
the protester;
{3Lc_The solicitation number and title under which the protest is
submitted;
{4)LdLA detailed description of the legal and/or factual grounds for
the protest and all supporting documentation. For 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
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{�(e) The form of relief requested.
(3) 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.
(4) 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.
(e) The decision of the City Manager or designee on the bid
protest shall be final with no further review.
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(5)
(6)
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.
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I. SCOPE
II.
SECTION 3.0
.S' UPPLIESISER VI CESIEQ UIPMENT
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 a
services such as equipment maintenance, janitorial, printing, landscaping, and =
refuse disposal.
C. Equipment - Essential hardware required for the effective operation of the a
City. Includes things such as vehicles, fa v,,.,,.hia , 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 $5,000
(1) Domed iiiveiee--determination_ of price reasonableness is
recommended.
(2) Evidence of a Contract - (services only) LA County is covered under a
master agreement for most services.
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IV.
C
1•1
PURCHASES FROM $5,000 TO $50,000
(1) Product/service description/specifications
(2) A minimum of three (3) written quotes/proposals
(3) Evidence of a Contract - (services only) LA County is covered under a
master agreement for most services.
(4) Purchase order
PURCHASES OVER $50,000
(1) Product/service specifications
(2) Formal bid process (See Purchasing)
(3) Evidence of a Contract - (services only) 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) Pursuant of 3.12.205 of the City's municipal code. All bids and quotes,
not using a multi -criteria award process or designated as a public
project, 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.
GENERAL
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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. 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
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a
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
a
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).
a�
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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.
II. DEFINITIONS
Professional service - A professional service contractor provides expert or
professional advice and generally requires special licensing, certification, education
or professional designation to perform such services. Professional services include
but are not limited to the following: accounting, architectural, auditing, consulting,
engineering, environmental, legal, surveying, or training.
III. GENERAL
A. Formal bids are not required for professional services as they must be selected
based on qualifications first, cost second. A selection process, however, is
preferred and quotations or proposals are recommended from a minimum of three
qualified individuals or firms to ensure adequate comparison and fair pricing_
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 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. LA County
is covered under a master agreement for most services.
D. PURCHASES UNDER $5,000
(1) -May be let to the most qualified consultant at the discretion of the
Department without proposals.
(2) Subject to fair, just, and equitable terms and conditions.
(3) Require a eaded invoice submission.
(4) Evidence of a Contract - LA County is covered under a master
agreement for most services.
E. PURCHASES FROM $5,000 TO $50,000
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F
(1) May be made on the open market and are not subject to City Council
approval.
(2) Contracts shall, unless infeasible or unless single -sourcing is approved
by the City Manager, be based on at least three informal proposals and
shall be awarded to the most qualified firm.
(3) Require a purchase order
(4) Evidence of a Contract - LA County is covered under a master;
agreement for most services. a
PURCHASES OVER $50,000
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(1) Subject to City Council approval.
(2) Requests for proposals shall specify the deadline and place for 2
L
submission, the nature of the services required, and the selection criteria
to be used for awarding the contract.
(3) Send the RFP to many consultants; sending to a greater number of
consultants increases the chances that a suitable number of responses
will be obtained. It is also advisable to publicly post the RFP on trade
or professional organization websites.
(4) Contracts for Professional Services should be, unless infeasible or
unless single -sourcing is approved by the City Council, based on at least
three proposals. A Department must also document the names of the
other consultants that were contacted and failed to or declined to
respond.
(5) Except as otherwise provided herein, the award of contract shall be
based on qualifications, experience, and responsiveness, in addition to
any other criteria set forth in the Request for Proposals.
(6) REJECTION OF PROPOSALS - In the event of one or more of the
following:
1. All responses exceed the budgeted amount or the City was
unable to negotiate a fair and reasonable price with any of the
qualified consultants
2. There are no responsive consultants
3. There are no responsible consultants
4. The project is abandoned
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5. The specifications, scope and/or terms and conditions are
revised for a new RFP
(7) All proposals may be rejected and the Request for Proposals reissued or
a contract for services may be negotiated on the open market with
adequate documentation of the results of the Request for Proposals
process. See iteffi T ,. f this , etier
(8) If Staff sets out that rejection of all proposals is necessary, clear written
justification should be provided. The decision must be made
objectively, not to favor or solicit select vendors.
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I.
II.
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: a
"Public project" means any of the following:
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(1) Construction, reconstruction, erection, alteration, renovation, _
improvement, demolition, and repair work involving any publicly
owned, leased, or operated facility;
L
(2) Painting or repainting of any publicly owned, leased, or operated
facility;
(3) In the case of a publicly owned utility system, "public proj ect'' 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 contract.
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;
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(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
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A. FOR PROFESSIONAL SERVICES ASSOCIATED WITH PUBLIC -a
PROJECTS REFER TO SECTION 4.0
B. PROJECTS UNDER $5,000 a
as
(1) Submitted 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.
a�
C. PROJECTS FROM $5,000 TO $60,000
(1) Product/service descriptions/specifications
(2) A minimum of three (3) written quotes
(3) Evidence of a Contract - LA County is covered under a master
agreement for most services.
(4) Purchase Order
D. PROJECTS FROM $60,000 TO $200,000
(1) Product/service descriptions/specifications
(2) Informal bid process (See Section 2.VI)
(3) Evidence of a Contract - LA County is covered under a master
agreement for most services.
(4) Purchase Order
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E. PROJECTS OVER $200,000
(1)
(2)
(3)
(4)
(5)
IV. GENERAL
Product/service descriptions/specifications
Formal bid process (See Section 2.VI)
Evidence of a Contract - LA County is covered under a master
agreement for most services.
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)
Purchase Order
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 or the Ris', M.,, age Purchasing Agent'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.
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SECTION 6.0
PURCHASE ORDER CHANGES
SCOPE
This section provides guidelines for changing established purchase orders.
DEFINITIONS
A. Change Order - A request to change any entry on an approved purchase order.
GUIDELINES
A. Generally, any change to a purchase order not affecting any money values
may be made by Purchasing staff.
B. Changes resulting in a reduction in the dollar value of a purchase order may
be made by Purchasing staff.
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_ er $175 000
t 1lichever is loss.
(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;
(34) 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;
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E.
(4�) The maximum contingency is 15% unless otherwise approved by the
City Manager;
(S6) 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:
"Award contract to XYZ Company for $400,000, $100,000 per year
for four years, and authorize a 15% contingency expenditure should
any change orders to the contract become necessary. Authorize the
City Manager or designee to approve all change orders relating to this
contract." See Purchasing for additional wording for renewals.
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;
�LlLA 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.
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SECTION 7.0
SUPPLIER RELATIONS
I. 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.
II. ANTI-TRUST LAWS
Personnel performing a purchasing function shall not demand or negotiate a special
pricing structure from a supplier that the supplier is not willing to offer to other;
customers under similar conditions and terms. a
a
Violations of the antitrust laws in any of the City's operations may have far-reaching 2
effects, causing substantial injury to the City in lengthy and expensive litigation, a
significant damage liability and injunctions or orders affecting property and/or
business. An employee who participates in a violation may be individually and
personally subject to fine or imprisonment.
L
III. CONFLICT OF INTEREST a
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;
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IV.
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C. takes personal advantage of an opportunity that properly belongs to the City.
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 SDS ; (must be kept
on file with individual department accepting sample and a copy submitted to
Risk Management for inclusion in the City's SDS Inventory).T-e �
SeFviees fef ifielusion 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.
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;
D. Explain as clearly as possible to suppliers the reason for rejection of their
quotations upon request;
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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.
B. 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.
C. For more serious situations, provide the notification by letter and in detail.
The detail should include a request for remedy if appropriate.
D. 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.
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SECTION 8.0
DEBARMENT
Debarment is an action taken by Federal, State and County contracting agencies,
which results in a contractor being prohibited from bidding, proposing, or being
awarded and/or performing work on a contract with that agency. A contractor may be
debarred for non -responsibility for any of the following reasons:
21A. Violating a term of a contract
3B. Committing an act or omission which negatively reflects on the contractor's
quality, fitness, or capacity to perform under a contract.
4C. Committing an act or omission which indicates a lack of business integrity or
business honesty.
5D. Making or submitting a false claim against the agency or any other public
entity.
Federal, State and County Governments maintain a database of currently debarred
contractors. The list of parties excluded for Federal Procurement or Non -Procurement
Programs may be accessed on the internet at http://epls.amet.gov. City employees
must ensure that bids and proposals are not accepted from contractors on a Federal,
State or County debarment list.
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SECTION 9.0
POLICYEXCEPTIONS
I. SCOPE
This section provides information on exceptions to this policy such as sole source
selection and emergency purchases.
II. DEFINITION;
A. Sole Source — The services/products provided by the supplier are proprietary
or unique in nature, such as patented or copyrighted material or an artist or
performer's work;
a
B. Single Source —
as
(1) The supplier is the only source known to the City after a reasonable
a
search for other suppliers has been conducted;
-or-
m
(2) The current work requirements are an extension of the original work
_
and substantially rely on the experience gained during the original
work;
-or-
(3) Professional services work requirements are such that in the discretion
2
of the City Manager or City Council the City's interests are best served
a
by awarding a contract without competition.
_
C. A Single/Sole Source form has been created by Purchasing
all ,aepaf+ment di - to Single/Sole Soufee Fe _ All single/sole source
requests should be documented on a Single/Sole Source form and assigned an
expiration date.
See Appeiidi*-4-
D. Emergency - A situation that threatens life or property. Time constraint is
NOT an adequate justification for an emergency purchase. Refer to Section
10.0-" PROCUREMENT DURING A PROCLAIMED EMERGENCY OR
DISASTER for details.
III. 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.
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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.
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--0-10.0 PROCUREMENT DURING A
PROCLAIMED EMERGENCY OR DISASTER for 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 above
require City Council approval.
H. For public projects, the only allowed exception is in cases of emergency.
Refer to section 9-.0-10.0 PROCUREMENT DURING A PROCLAIMED
EMERGENCY OR DISASTER for details.
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I.
II.
SECTION 10.0
PROCUREMENT D URING A PROCLAIMED EMERGENCY OR DISASTER
SCOPE
This section establishes procurement practices to be followed in the event of an
emergency or disaster, to allow the City to effectively obtain the goods or services
required in such circumstances.
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.
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DEFINITIONS -a
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For purposes of Section 9.0, the following definitions apply:
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A. "Proclaimed emergency or disaster" — a situation in which the president or =
governor has declared or proclaimed a state of emergency for an area that
includes the geographic territory of the City or a local emergency has been 2
proclaimed and is currently in effect, as provided in the Santa Clarita Municipal a
Code. n
B. "Public exigency or emergency" - situation, related to a proclaimed emergency or
disaster, which demands immediate aid or action and/or presents an immediate
threat to public health, life, safety, or improved property, as further defined in
administrative regulations or policies.
C. "Purchase(s)" - the purchase(s), rental(s), or lease(s) of goods or services related
to a proclaimed emergency or disaster.
D. "Simplified acquisition threshold" - the dollar amount below which a non-federal
entity may purchase property or services using small purchase methods, as set
forth in Title 2 of the Code of Federal Regulations, Part 200, as it may be
amended from time to time.
PROCEDURES FOR COMPETITIVE PROCUREMENTS
A. Competitive procurements for purchases below the simplified acquisition
threshold shall not be required to be formally bid.
B. Competitive procurements for purchases equal to or exceeding the simplified
acquisition threshold shall be conducted in accordance with the following
alternate purchasing procedures:
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{�LaL Public Announcement - For public posting of requests for proposals
or solicitation of bids, the Purchasing Agent may use alternate posting
requirements in lieu of normal requirements. Alternate locations may
include the Emergency Operations Center, City Hall, the public
library, or other locations as specified by the Purchasing Agent. The
Purchasing Agent may shorten the normal period for the public
announcement period to expedite award, but such period shall be no
less than twenty-four (24) hours.
R4L g) Adequate Sources - The Purchasing Agent shall obtain
competitive sealed bids or proposals from potential suppliers. The
Purchasing Agent may use methods including, but not limited to, print,
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telephonic, e-mail, or online/internet outreach in order to obtain these
responses. The Purchasing Agent may shorten the typical period for
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responses to be submitted to expedite award, but such period shall be
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not less than twenty-four (24) hours. A minimum of three (3)
responses from qualified sources shall be obtained. All bids or
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proposals received, including those deemed nonresponsive by the
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Purchasing Agent, shall be counted toward meeting the minimum
requirement.
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IV. PROCEDURES FOR NONCOMPETITIVE PROCUREMENTS
A. Noncompetitive procurements may be used when one (1) or more of the
following circumstances exist:
WLLLPublic exigency or emergency will not permit a delay resulting from
competitive procurement;
M The item is available only from a single source;
{G}JILAfter solicitation of a number of sources, competition is determined
inadequate; or
ALILThe federal awarding agency or pass -through entity expressly
authorizes noncompetitive proposals in response to a written request from
the nonfederal entity.
B. The authorized purchaser shall document the justification for noncompetitive
procurement in accordance with established procedures.
C. When a noncompetitive procurement is used due to public exigency or
emergency, the procurement shall be limited to that portion of the work that
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V.
must be performed immediately. Procurement for any additional work shall be
conducted through competitive procurement procedures.
POST -AWARD
A. Bid Protests - The Purchasing Agent may alter and/or shorten the normal bid
protest process if emergency circumstances will not permit a delay resulting
from the normal bid protest process, but such period shall be no less than
twenty-four (24) hours.
B. Authority to Cancel Procurements - The City Manager or designee has the
authority to rescind a purchase contract for nonperformance within twenty-
four (24) hours when a contractor or vendor, once awarded a contract, is
unable to immediately perform under the terms of the contract.
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SECTION H. 0
GRATUITIES
I. SCOPE
This section provides guidelines on the acceptance of gratuities.
II. DEFINITION
Gratuity - a payment, loan, subscription, advanced deposit of money, service, or
anything of more than nominal value, present or promised, without expectation of
substantial, equal, or greater consideration in return.
III. GENERAL
A. Employees may accept items such as coffee cups, pencil holders, pens, etc. in
the instance where:
{4}LU_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
M.A.1 will be attended to in accordance with established personnel policies.
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SECTION 12.0
SURPLUS/TRANSFER OF PROPERTY
I. SCOPE
This section provides the requirements for the transfer or sale of City -owned
property.
II. 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.
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III. GENERAL as
A. The Administrative Services Director, or Designee, may, by direct sales or
otherwise, sell or dispose of City -owned property approved by the City a
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 five thousand
dollars ($5,000).
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SECTION 13.0
PURCHASING WITH SPECIAL FUNDS
I. SCOPE
This section provides the requirements for the use of special funds for purchasing
supplies, equipment, and services.
II. 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.
III. 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.
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I.
II.
SECTION 14.0
SUSTAINABLE PURCHASING
SCOPE
This section provides toe or,general guidance and requirements in support
of sustainable purchasing of supplies, equipment, and services. The City has adepted
an Environmentally Preferable Ptir-ehasing (EPP) Pregfam ineltided as Appendix 14.
This program pr-evides genefal gttida-nee toward- �he sustainable
purehasingpreeess. Additionally, the State Public Contract Code, California Code of
Regulations, and SB 1383 outlines various some specific requirements for cities to
follow.
DEFINITIONS
A. A. Auricultural Bio-Based Products - means commercial or industrial
roducts (other than food or feed) that utilize agricultural crops or residues but
does not include products made from forestry materials.
ro ets0 wr--agpapor paper-
pr-a"ets, paint, antif+eei�e, tir-es, tire derived pr-e"ets, a+id metal pr-e"ets.
B. B.Compost - means the product resulting from the controlled biological
decomposition of organic solid wastes that are source separated from the
municipal solid waste stream or which are separated at a centralized facility or
as otherwise defined in 14 CCR Section 17896.2(a)(4). Compost eligible for
meeting the annual recovered organic waste product procurement target must
be produced at a compostable material handling operation or facility permitted
or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large
volume in -vessel digestion facility that composts on -site as defined and
permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the
State's composting operations regulatory requirements.
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C. Dioxins and furans - are a group of chemical compounds that are classified as
persistent, bio accumulative, and toxic by the Environmental Protection
Agency.
D. 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.
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E. LEED Ratiniz Svstem - means the self -assessing system_ Leadershib in Ener
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 hLp://www.us bg corg.
F. Paper Products - include but are not limited to paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated boxes,
tissue. and toweliniz_ or as otherwise defined in 14 CCR Section 18982(a)(51
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G. 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 a
manufacturing or converting wastes =
H. "Practical" and "Practicable" - mean whenever possible and compatible with
state and federal law, without reducing safetyduality, or effectiveness.
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I. 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, scrap, or broke which is generated at a manufacturing site and commonly
reused on -site in the same or another manufacturing process. 2
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J. Printing and Writing Paper - includes, but is not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove
envelopes, manila envelopes, book paper, note pads, writing tablets, 2
newsprint, and other uncoated writingspapers, posters, index cards, calendars, a
brochures, reports, magazines, and publications, or as otherwise defined in 14
CCR Section 18982(a)(54)
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K. Recycled Content - means the percentage of recovered material, including Q
Preconsumer and postconsumer materials, in a product.
L. Recycled -Content Paper Products and Recycled -Content Printing and Writing
Paper - means such products that consist of at least thirty percent (30%), by
fiber weight, postconsumer fiber, consistent with the requirements of Sections
22150 to 22154 and Sections 12200 and 12209 of the California Public
Contract Code. and as amended.
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M.
M. Recycled Product - means a product that meets City of Santa Clarita's
recycled content policy objectives for postconsumer and recovered material.
See also "Recycled Content Paper Product" definition for paper product
specifications.
N. SB 1383 Eligible Mulch - means mulch eligible to meet the Annual
Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR
Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the
following conditions as specified by 14 CCR Section 18993.1(f)(4):
1. Produced at one of the following facilities:
i. A compostable material handling operation or facility as defined in 14
CCR Section 17852(a)(12), that is permitted or authorized
under 14 CCR Division 7, other than a chipping and grinding
operation or facility as defined in 14 CCR Section 17852(a)(10), SB
1383 Eligible Mulch excludes mulch from chipping and grinding
operations.
ii. A trans fer/processin facility acility or transfer/processing operation as
defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that
is permitted or authorized under 14 CCR Division 7: or
iii. A solid waste landfill as defined in Public Resources Code Section
40195.1 that is permitted under 27 CCR Division 2.
Meet or exceed the physical contamination, maximum metal
concentration, and pathogen density standards for land application
specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3.
O. 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
hLp://www.0a.gov/epaoswer/non-hw/procure/products.htm, or as updated.
P. 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.
GENERAL
It is the policv of Citv of Santa Clarita to:
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A. Purchase products that minimize environmental impacts, toxins, pollution, and
hazards to worker and community safety to the greatest extent practicable,
B. Institute practices that reduce waste and minimize environmental i
whenever practicable and cost effective by increasing_ product efficiency and
effectiveness, but without reducing safety or workplace duality while promoting
the fair treatment of all races, cultures and incomes with respect to this policy,
C. 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,
D. Encourage vendors, contractors and grantees to implement this program for all
products and services provided to City of Santa Clarita.
IV. SPECIFICIATIONS
A. Source Reduction
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 duality_
2. City of Santa Clarita shall purchase remanufactured products
whenever practicable, but without reducing_safety, dualitysafety, duality or
effectiveness
3. 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.
4. Products that are durable, longlsting, reusable or refillable are
preferred whenever feasible.
B. Recycled Content Products
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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 recycledProducts are
available at the same or lesser cost and fitness and quality a�qual.
Also, in accordance with the PCC, the City will require the vendor to
certify the recycled content and the recyclabili . of the Products being
provided.
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. Janitorial paper products shall contain the highest postconsumer content
practicable, but no less than 30 percent by fiber weight, postconsumer
fiber. as outlined in Sections 22150-22154 of the Public Contract Code
and as defined in Section 12209 of the Public Contract Code.
4. Printing and writing paper, office paper, and paper products shall contain
the highest postconsumer content practicable, but no less than 30 percent
by fiber weight, postconsumer fiber, as outlined in Sections 22150-
22154 of the Public Contract Code and as defined in Section 12209 of
the Public Contract Code.
5. Vendors shall certify in writing, under penalty of perjury, as to the
minimum percentage of postconsumer material in the Paper Products and
Printing and Writing Paper offered or sold to the Jurisdiction. This
certification requirement may be waived if the percentage of
postconsumer material in the Paper Products, Printing and Writing
Paper, or both can be verified by a product label, catalog, invoice, or a
manufacturer or vendor internet website. These products shall also be
certified to be eligible to be labeled with an unqualified recyclable label
as defined in Title 16 Code of Federal Regulations Section 260.12
(2013).
6. Copiers and printers bought shall be compatible with the use of recycled
content products.
7. In accordance with California Public Contract Code, Sec. 10409, City of
Santa Clarita shall purchase recycled lubricating and industrial oil for use
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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:Hgpiep.api.org//gualiiy/index.cfm for information
about API's Engine Oil Licensing and Certification System).
8. 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
bortland cement concrete: rubberized asphalt concrete: recvcled
aggregate base, recycled fly ash content concrete or recycled asphalt
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concrete.
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9. City of Santa Clarita shall specifypurchase recycled -content
transportation products, including signs, cones, parking stops,
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delineators, and barricades, including recycled products approved by the
California Department of Transportation (Caltransj
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10. 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.
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C. Forest Conservation
I . To the greatest extent practicable, City of Santa Clarita shall not procure
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wood products such as lumber and paper that originate from forests
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harvested in an environmentally unsustainable manner. When possible,
City of Santa Clarita shall give preference to wood products that area
certified to be sustainably harvested by a comprehensive, performance-
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based certification system, such as the Forest Stewardship Council.
Further guidance may be found in the City of Santa Clarita's Hardwood
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resolution.
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D. Toxins and Pollution Q
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.
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
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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. 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. The use of chlorofluorocarbon-containing refrigerants, solvents and other
products shall be phased out and new purchases shall not contain them.
4. All surfactants and detergents shall be readily biodegradable and, where
practicable, shall not contain phosphates.
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 (50 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.
6. To Citv of Santa Clarita shall reduce or eliminate its use of broducts that
contribute to the formation of dioxins and furans.
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.
8. To facilitate the reprocessing of paper waste the City shall call for the
use of sov/veizetable-based and/or environmentallv friendly inks for all
printing.
E. Energy and Water Savings
1. When replacing vehicles, regular diesel shall be phased out and replaced
with less polluting alternatives such as low sulfur or bio-diesel, gasoline,
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compressed natural gas, biobased fuels, hybrids, hydrogen fuel cells and
electric batteries.
2. When practicable, City of Santa Clarita shall replace inefficient lighting
with energy efficient equipment.
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. When Energy Star labels are not available, choose energy
efficient Droducts that are in the uDDer 25% of enerav efficiencv as
designated by the Federal Energy Management Pro
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4.
Wherever City of Santa Clarita replaces roofs, Energy Star -qualifying
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roof materials shall be used.
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5.
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
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6.
City of Santa Clarita shall purchase high efficiency space cooling
equipment with an energy efficiency rating (EER) of 11.5 or greater,
whenever practicable.
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7.
City of Santa Clarita shall purchase water-savingproducts whenever
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practicable.
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F. Green Building- New Construction
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Staff will evaluate on a case by case basis the costs and benefits of
achieving certification through the Leadership in Energy and
Environmental Design (LEED) program for new construction.
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G. Waste Minimization Q
1. City of Santa Clarita requires vendors to eliminate packaging or use the
minimum amount necessary for product protection, to the greatest extent
practicable.
2. Packaging that is reusable, recyclable or compostable is preferred, when
suitable uses and programs exist.
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Vendors shall be encouraged to take back and reuse pallets and
packaging materials.
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.
H. Landscaping
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.
• Meeting all MWELO requirements including use of compost and
mulch, meeting the definitions contained in this policy.
• 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 s the pre
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)
play surfaces. All other landscaping (such as for views)
should be accomplished with low-water plantings.
• Recvcliniz of blant debris by compostiniz 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.
2. Compost and mulch procurement
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• Compost or mulch Procured by or for the City, or at the City's behest,
by its landscaping service Providers or other contractors or vendors
shall meet the definition of compost and mulch in this Policy and shall
be eligible to help the City meet its SB 1383 organic waste product
procurement target.
• Vendors providing_compost or mulch to the City shall certify or mulch to the City shall certify that it
meets the definitions of such contained in this policy and provide
information on the name, physical location, and contact information of
each entity, operation, or facility from whom the recovered organic
waste products were procured.
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3. Plants should be selected to minimize waste by choosing species that are
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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 nonce L
established are preferred.
4. Hardscapes and landscape structures constructed of recycled content 2
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materials are encouraged. Concrete substitutes are encouraged for walkways, a
such as rosin emulsion bavino,.
L Agricultural Bio-Based Products
1. Vehicle fuels made from non -wood, plant -based contents such as
vegetable oils are encouraged whenever practicable.
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2. Paper, paper products and construction products made from non -wood, c
plant -based contents such as agricultural crops and residues are
encouraged whenever practicable. 2
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J. Electronics
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l . Electronic equipment procurement policies shall seek to preserve
resources by reducing the purchase frequency and pursuing upgrade
purchase frequency and pursuing upgrade
obbortunities to the extent feasible. Items containing more than 20% Q
recycled material by content may qualify for a preference.
2. 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. Recognizing that electronics is one of the fastest growing sources of
hazardous waste, the City will purchase at least 95% of all electronic
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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.
4. Specifications for electronic equipment shall give preference to
equipment manufactured with less toxic components or processes.
5. Upon installation, electronic equipment will have all energy management
features activated as the default setting.
IV. REQUIRED ACTIONS
A. Comply with California State requirements for local agencies to maximize the
use of recycled resources and purchase recycled products. (Title 14 CCR,
Division 7_ Chabter 12: California Public Contract Code 22150-22154
B. Comply with 14 CCR Section 18993.3 re: recycled content paper procurement
requirements.
C. Comply with SB 1383 re ug latory requirements regarding procurement of
recycled content products and recovered organic waste products.
D. All Cily 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.
E. All Cily purchases will require responding businesses to certify the
postconsumer content of the products being offered even if that content is
zero.
F. All City contracts resulting in printed materials will require the printing printed materials will require the printin _ to o be
on recycled paper.
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G. Tracking and maintaininiz a record of recvcled content paper purchases in an
SB 1383 implementation record. Such records shall include proof of purchase
describingprocurementof paper products by volume and type for all paper
purchases and copies of certifications or other verifications required
documenting recycled content and recyclability.
H. Tracking and maintaining a record of recovered orizanic waste products
procured at the city's behest in an SB 1383 implementation record. Such
records shall include all invoices or similar records evidencing all
procurement, including records of procurement made by the City and/or by -a
direct service provider on behalf of the City, should such procurement be
arranged. Records will also include the name, physical location and contact
information of each entity, operation or facility from whom the recovered
organic waste products were procured and a general description of how the
product was used and if applicable, where it was applied.
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I.
II.
SECTION 15. 0
PROCUREMENT CARD
SCOPE
The City has a program whereby regular employees (with Director's approval) 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
generate a requisition when the purchase is for less than the current purchase order
threshold. A requisition, however, is not required for purchases over the threshold
when Purchasing staff selects to use a procurement card. Purchasing staff will
determine when it is cost effective and efficient to use a procurement card for
purchases over the threshold; an internal vetting process and approval process is
conducted for this scenario.
The procurement card is intended only for official City business as outlined in the
Purchasing Policy. The card will not be used to circumvent purchasing procedures
and purchases will not be split to circumvent the requirements of the Purchasing
Policy. Approving officials/supervisors shall carefully scrutinize cardholder
purchases of food, electronic items, and any other item that may be easily convertible
to personal use.
ADMINISTRATIVE
A. Appointing 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 approving officials will be
approved by the Department Director or designee. The approving official will
typically be the cardholder's supervisor. Exceptions to this policy will be
approved by the City Manager or designee.
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B. Audits - To ensure the continued success of the procurement card program, all
accounts will be open to internal audit requirements. Monthly review of
transactions may be conducted by the internal procurement card team.
The procurement card program will also be included in the City's annual
financial audit. Each audit will include a review of the program as well as a
sample of overall cardholders.
C. Changes - If a procurement cardholder changes departments, the Program
Coordinator must be contacted within 10 days to notify him/her of changes.
Cards must be returned to the Program Coordinator.
If a card is needed as part of a new staffing responsibility, complete a new
request form/application and have it signed by the approving official and
Department Head. If a procurement cardholder's approving official changes,
contact the Program Coordinator within 10 days.
D. Extended Absence - If a procurement cardholder will be absent from the City
for an extended period, upon notification from Human Resources, please seek
assistance from the Program Coordinator to determine the best options to
cover the procurement card responsibilities, including, but not limited to,
temporary return of the card to the Program Coordinator or placement of card
in inactive status.
E. Resignation/Termination of Employment — A procurement cardholder must
return the procurement card to the Program 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.
F. Reports - Informational reports are available to managers and approving
officials. Managers and approving officials are encouraged to contact the
Program Coordinator about specific reporting needs.
III. PROHIBITED ITEMS & SAFEGUARDING THE PROCUREMENT CARD
The procurement card should always be treated with great care. The only person
entitled to use the procurement card is the person whose name appears on the face of
the card. The procurement card may NEVER be used for personal use even if
reimbursement is intended.
It is very important that cardholders secure them properly. Failure to promptly report
a lost, misplaced, or stolen procurement card could result in the City being held
responsible for any charges incurred.
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IV.
The procurement card may not be used to purchase any of the following items unless
approved by the Department Director in writing. Should any questions arise about
items that may be purchased, please contact Purchasing staff for clarification.
4-.A. Alcoholic beverages
2-.B. Ammunition
3-C. Art work
4D. Local food (confirm beforehand that you may make the purchase with your
approver and notify Purchasing about the transaction)
5-E. Car washes (except for vehicle maintenance)
6-1. Transit Passes
7-.G. Cash Advances
9-.H. TechnologyCo e�hardware/software or peripheral purchases, except by
Te y-Information Services Manager or designee
-9-I. Contractors, consultants, instructors, or speakers
4-94. Gift cards
44-.K. Medical services, drugs, narcotic drugs, or medical supplies
4-2-L. Service agreements
4-3-M. Tuition Reimbursements
PLACING ORDERS WITH THE PROCUREMENT CARD
When involved in any aspect of purchasing, employees are acting as an agent of the
City of Santa Clarita and are responsible to act in the best interest of the City. Actions
must not show personal favoritism to a merchant at the expense of the City.
Cardholders are required to properly document all procurement actions. This
includes, but is not limited to, recording all information on the transaction log and
obtaining receipts for the items purchased. If a receipt is not offered, one must be
requested. Repeated failures to obtain and forward receipts may result in loss of card
privileges.
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A. Transaction Limits - There are two types of transaction limits determined
when the procurement card is ordered. These limits may be raised, but must
be submitted in writing by the Division Manager with approval of the
Department Director.
(1) Dollars per transaction (single purchase limit)
(2) Monthly limit - limit set per cardholder, at Department's discretion.
B. Documenting Transactions - Cardholders must maintain the following records
and documentation:
m
r
(1) Procurement card transaction log (to be submitted to Finance when a
reconciling statement monthly)
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(2) Receipts from transactions (itemized when appropriate; such as for travel a
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meals)
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• In the event of a missing _ receipt, eceipt, staff must follow the missing
receipts process included within the transaction log.
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V.
(3) Pertinent information to record for each transaction includes:
�. �aTransaction/purchase date
+-.�Receipt/Invoice number
++i7LcJDescription of purchase
iv-.LLMerchant's name
v-.Le)_Account number to be used for charge
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v 1�' Total purchase amount
C. Returns and Billing Errors - Merchandise returns and billing errors are the
cardholder's responsibility. Cardholders must communicate with merchants to a
process returns, correct billing errors, and ensure the proper credit has been
issued. In most cases, returns and errors can be resolved directly between the
cardholder and the merchant. 2
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D. Accidental Personal Purchases — The Cal Card should NEVER under any
circumstances be used for personal business. In the event that a personal c
charge is accidentally made, it is imperative to immediately contact Finance or
Purchasing.
E. Reasons for Declination or Rejection- Card may be rejected for the following
reasons. Please contact Purchasing or the customer service number on the
back of your card to verify:
(1) The cardholder has exceeded their individual transaction limit (single
purchase limit)
(2) The cardholder has exceeded their monthly transaction dollar limit
(3) The procurement card has been canceled, or reported lost or stolen
(4) The procurement card is being flagged for possible fraudulent activity
RECONCILING THE MONTHLY STATEMENT
Procurement cardholders are required to substantiate all transactions shown on their
monthly billing statements, and edit the account code(s) for accurate cost accounting.
Once the statement is received, cardholders have approximately one (1) week to
complete verification. If a cardholder is unavailable to complete the required review
during this time, they are
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responsible for designating someone in their area to complete it in the cardholder's
absence).
The approving official is responsible for ensuring each purchase transaction is
appropriate and approved for payment. If a purchase has been made using a fund that
the cardholder's approving official can't approve, the correct approver's initials for
that purchase must be obtained prior to submitting the statement. The completed
statement and all back-up documentation must be submitted to Finance for
processing.
The City earns rebates based on the timeliness of submitting payments. Payments
can't be made until all open statements for the billing cycle have been reconciled and;
turned in to Finance for payment. Lengthy delays in submitting statements may result
in suspension or termination of card.
If a Cardholder makes a purchase for a fund outside of their approving official's a
signing authority, they are responsible for obtaining the correct approver's signature =
or initials for that purchase when reconciling.
A. Statements Not Received — Cardholder must contact Purchasing if they do not a
receive a statement and have charged items on a procurement card.
GB. 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 may result in card suspension.
1)--.C. Billing Disputes - A dispute is the action taken by the cardholder to notify the
procurement card company that a specified charge(s) appearing on the
monthly statement is (are) an unauthorized transaction(s).
(1) Cardholders should attempt to resolve dispute issues first with the
merchant.
(2) Disputes may be escalated by opening a formal Customer Dispute.
Contact the procurement card bank for instructions on how to proceed
D. Fraudulent Charges
a-.LD__Confirm that the information supports a determination of fraudulent
action. This means a cardholder has reason to believe procurement card
information is being used by another party to place unauthorized orders.
b-.LZL_Immediately notify Purchasing of fraudulent activity.
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G-.(3l Immediately call the procurement card bank customer service number
and report the suspected fraud. Cardholder will be connected with the
fraud unit for further reporting and instruction.
4-.LIL_Make a clear note on the individual statement of the fraudulent
charge(s).
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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.
hi 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
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employee or contractor's objectivity in performing work is or might be impaired; or a
contractor has an unfair competitive advantage. 1 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.
1- 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 project or has a stake in its outcome.
This arises most often where architects sit on design review or zoning boards.
2 - 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 VI.2.a(4)(h) of FTA Circular
4220.1F.
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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 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:
a)• 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.
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b)• 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.
e)• Displays of personal preference may give an impression of impropriety and should be .2
avoided. Conversation that delves excessively into personal affairs should be avoided.
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d}• 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 a
become involved with a purchase or contract, you must notify your supervisor. -g
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
e)• 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.
f)! 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-.a)_Owning or leasing any property with knowledge that the employer has an
active or potential interest therein.
9-.lhHaving 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
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8.a
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.
Gc)_Taking personal advantage of an opportunity that properly belongs to the City
or using City property or resources for personal gain.
0-.4)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.
a-.• Taking personal advantage of an opportunity that properly belongs to the City or
using City property or resources for personal gain.
b-.• 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 'o
a
as
Ownership of stock in a supplier or potential supplier of goods or services should be reported =_
to the supervisor for review and guidance to avoid the potential for impropriety. Interests by
members of the professional's immediate family are considered to be of the same
significance as direct ownership. a
Outside Activities
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:
g}• 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.
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Sources of influence include:
k}• Management Policies
14±_ Gifts, Gratuities, and Entertainment
n44•Product Samples
-R4 Business Meals
494 Personal Relationships
p) Political Considerations
9- Advertising
0! 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.
t)! Soliciting gifts, gratuities, or entertainment in any form for yourself, other staff or the
City is unacceptable.
u4 Avoid accepting monies, credits, and prejudicial discounts.
3.t}• 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.
w)! 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.
y}• Such meals shall be for a specific business purpose.
z}• Frequent meals with the same supplier should be avoided.
aa4±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
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8.a
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.
Political Considerations
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 •o
principles and standards.
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Advertising
L
Care should be exercised when accepting promotional items or participating in activities a
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
promotional items when meeting with representatives of other suppliers.
Specifications and Standards
Purchasing staff must ensure that specifications and standards are objectively written in a
manner that encourages competition when appropriate, excludes unnecessary restrictive
requirements, and appropriately defines quality.
4. CONFIDENTIAL AND PROPRIETARY INFORMATION
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
GG4±Bid or quotation information
}•Cost sheets
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ee- ±Formulas and/or process information
# ) Design information
g-g}•Organizational plans, goals, and strategies
4h4±Profit information
4) Asset information
j# Wage and salary scales
k-k4±Personal information about employees, officers, and directors
4) Supply sources or supplier information
w,m)•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.
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.
If Purchasing staff influences a supplier to be a customer, the professional or the organization
is engaging in a practice known as reciprocity. These purchasing actions are illegal if they
tend to restrict competition or trade or if they are coerced, since such acts may be construed
as "restraint of trade" in violation of Sections 1 and 2 of the Sherman Act.
Purchasing staff must be able to recognize reciprocity and its ethical and legal implications.
Reciprocity is both a legal and an ethical issue that may result in legal sanctions against the
City, its management, and/or its procurement staff.
The following are recommended guidelines in dealing with reciprocity:
n-n4±Procurement strategy must include a positive effort to oppose any corporate or
organizational commitment to, or pursuit of, any form of improper reciprocity.
ee}•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.
po•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
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Failure to comply with the standards of conduct may result in administrative action in
accordance with the City's Human Resource policies and procedures.
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APPENDIX B
SUMMARY OF RESOLUTIONS AFFECTING PROCUREMENT
L 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 procurement practices within all City
departments, private businesses and the general public. Appendix C further
clarifies some of the terms used below.
B. PROCEDURES
Comply with City Council Resolution 93-09.
2. Recycled products are purchased in preference, highest percentage of
post -consumer recovered material followed by highest percentage of
pre -consumer recovered material.
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.
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.
II. Council RESOLUTION 91-91, PROTECTION OF TROPICAL TIMBER
A. BACKGROUND
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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.
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.
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IV. 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
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The use of co-operative and piggybacking opportunities are authorized when
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determined to be in the best interests of the City.
_
V. Ordinance 04-12 and 09-6; SUPPORT OF SANTA CLARITA BUSINESSES
2
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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 bid, whichever occurs first. The Code also
requires staff to include the award requirement in the solicitation.
VI. Council RESOLUTION 05-103, ENVIRONMENTALLY PREFERABLE
PURCHASING (EPP) PROGRAM
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M
L
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 procurement practices within all City
departments, private businesses and the general public. Appendix H further
clarifies some of the terms used below.
PROCEDURES
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.
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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.
It will promote "buying recycled" goals to the public at large and to private business
associated with the City.
It will put the City "on record" in support of progressive procurement and market
development goals.
It will increase the recycled content of products purchased and used by the City of Santa
Clarita, its contractors and grantees.
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, procedures for obtaining and verifying estimates and certifications of
content of recovered materials, and annual review and monitoring.
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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 materials used
to manufacture products that the City purchases and uses. The object is to ensure that no
product manufactured with recycled content of "secondary" material is discriminated against
or excluded for reasons other than function. Furthermore, it is important to mandate that
such products made from "recycled -content" and "secondary content" materials have a
preferential purchasing status over those goods that are strictly made from virgin (raw)
materials. This is especially relevant when "recycled -content" products can satisfactorily
meet the 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 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
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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."
a
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, o
also enacted in 1989, contains four basic requirements: a,
1. The City must require bidders to specify both the total recovered and post -consumer
content of paper products (even if zero).
a
2. Specifications should not discriminate against recycled content.
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.
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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
WHEREAS, in order for recycling programs to be effective, markets for
recycled post -consumer materials must be developed; and
r
0
WHEREAS, the implementation of a procurement policy for the City of a,
Santa Clarita would contribute to the conservation and protection of natural resources and N
support city-wide recycling programs; and
L
WHEREAS, the City's commitment to the purchase of recycled materials will
help expand the markets for recycled products and serve as a model for private industry and
local 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
L 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.
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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.
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:
r
0
1. The highest percentage of recycled content of "post -consumer recovered materials," a,
available in the marketplace; and
2. The highest percentage of "pre -consumer recovered materials," available in the
marketplace.
a
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).
III. Price Preference
A 10% price preference may be given to recycled products, reusable products offered as
alternatives to disposable products, and products designated to be recycled where they are
offered as alternatives to non -recyclable products. The preference percentage shall be based
on the lowest bid or price quoted by the supplier offering recycled products.
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
2. 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
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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.
VL Purchase Requisition, Specification and Bid Solicitation
Product specification and requisitions for products shall conform to the following guidelines:
I. 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;
a�
2. Performance standards must be reasonable and related to function, and shall not be
designed to exclude the purchase of recycled -content products;
3. To the extent such information is known, City staff shall identify to the Purchasing o
Division (in the Purchase Requisition) products available with recycled content and a,
vendors from who such products are available. N
4. Purchasing agents have the authority to specify a minimum "recycled -content"
standard in bid solicitations to accomplish the purposes of this policy. a
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.
VIIL Promotion
All City purchased and printed recycled paper products shall be labeled with the standard
phrase: "Printed on Recycled Paper." All City departments or agencies shall be required to
use recycled products for their business cards, letterhead stationery, envelopes, business
forms and pertinent documents. All said documents shall be printed, with the standard
phrase: "Printed on Recycled Paper" thereby promoting the use of post -consumer content. If
sufficient documentation and certification is available, reasonable efforts shall be undertaken
to specifically indicate the percentage of recycled post -consumer content. In this case, the
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phrase "Printed on 40% Post -Consumer 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
2. 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 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.
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8.a
Conclusion
The future of recycling depends upon the creation of stable and sustaining markets for
recycled secondary products. It is recommended, therefore, that the City of Santa Clarita
enact a procurement policy which supports the development of stable markets for recyclables
and supports the City's ongoing recycling ethic and commitment to progressive integrated
waste management solutions.
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r
SECTION 2. The City clerk shall certify to the adoption of this reaolutioa and cr-dfy this
record to be a M, true, Correct copy of the action taken.
PASSED AND APPROVED this 2A1;(_ day of
YOR
ATTEST:
CITY CLERK
I HEREBY CERITFY tim the foregoing rmhtdm was duty acted by the City-C. Of.
the City of SaM Quita at a ragtdar mftdng thaW, hdd on the 26th day. of
19 93, by the fohlowing vote of toe Cmwff:
AYES:
COUNC]IME BER.S:
NOES:
COUN
ABSENT.
COUN
Boyer, may, htl.ajic, Pederson, Heldt
None
Orly
CLERK
Q
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APPENDIXI)
RESOL UTION NO. 91-91
A RESOLUTION OF THE CITY Council OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
FOR THE ADOPTION OF A POLICYREGARDING
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 a
WHEREAS, the tropical rainforests are home to half of the world's species, and the 2
loss of these forests results in the extinction of tens of millions of species; and a
as
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 L
_
a
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.
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8.a
9-.C. 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
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8.a
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
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8.a
the products, and that the material supplied is not tropical woad, 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 adoption 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 pr,tghr 19 91 .
}MAYOR
ATTEST: a:
r
rz
V
TY CLERK o
d
0
c
I HERESY 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 8tb day of October L
19 91, by the foil,gsx�g••'vote of
the Council: d
AYES: COUNCILMEMBERSs
Da=Y, tieidt, ua j ic, Kcxecn, Boyer - _
HOES: COUNCILMEMBERSa None
m
ABSENT: COUNCILHEMBERS s .
V
O
TY CLEUPX d
It
Appendix C 4
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8.a
APPENDIX E
STATE OF CALIFORNIA CO-OPERATIVE
PURCHASING RESOLUTION 89-85
APPENDIX D
RESOLUTION NO. 89.95
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AUTHORIZING THE STATE OF CALIFORNIA,
DEPARTXMT OF GENERAL SERVICES, TO
PURCHASE MATERIALS, SUPPLIES AND
EQUIPMENT FOR THE CITY OF SANTA CLARITA
MREAS, 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 Santa
Clarita; and
WHEREAS, the City of Santa Clarita would .receive
economic benefits by authorizing the State of California to make
such purchases.
NOW, THEREFORE, Tid CITY COUNCIL OF THE CITY OF SANTA
CLARITA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
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.
PASSED, APPROVED AND ADOPTED this Sri, djy
of July la 89
MAYOR
ATTEST: .
'CINY CCEkK
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8.a
I HERE -By CERTIFY that the foregoing Resolution was
duly adopted by the city Council. of the
of Santa Cla rite City,
on the 25Chdaq of at a regular meetingthereof, held
following vote of the council: ' 19— 9 —. by the
AYES:
COUNCILMEliBERS
NOES:
COUNCILMMERS
ABSENT:
COUNCILMEXBERS
Darcy, -Koontz, McKeon, Heidt
Non
Boy,
Q
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8.a
APPENDIX F
CITY COUNCIL AGENDA ACTION AUTHORIZING CO-
OPERATIVE AND "PIGGY BACK" PURCHASING JULY
11, 1995
AGENDA RETORT
City Manager Approv
Item to be presented by:
CONSENT CALENDAR
DATE: .Poly 11, 1995
SUBJECT: Use of carmpetitive and ca-operative purchasing agreements.
DEPARTMENT: Administrative Services
The 5anfa Cladta Municipal Code (S.C.M,C.) outlines the requirements for canipedtion based
❑n the We of material or service needed as well as the esdmated cost. Basically, purchases of
$500 or more require quotes or bids from at least three sources, Other options exist to ensure
the requirements of the S.C.M.C. are met including co-operative and 'piggyback' purchasing.
Co-ugerative purchasing consists of combining the needs of multiple agencies into a single
solicitation for bids. The action of 'piggybacking' entails placing- orders against an existing
contract of another agency,
Using these types of arrangements allcw smaller agencies to realize the cconornies of scats and
cost savings typically achieved through volume buying. Additional savings may also be
realized as the paperwork and staff time involved in a typical purchase is sigiuficantly reduced.
The primary intent of the City's policy of competition is to ensure the City receives the best
value for it's money. The purchasing section aggressively seeks uiethods to achieve this end.
Use of cc--ogoraiive and 'piggyback' purchasing satisfy this requirement.
Approve the usage of eo-operative purchasing agreements and purchases against competitive
contracts let by another government agency ("piggybacking"}.
F
F0AGF4% rWB
A n,-'Item
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8.a
Wher-eas, t4e City of Santa Glar-ita endem,ers to ptir-ehase t4e highest "alit-y sti-ppiies an-,
Wher-eas, the City of Santa Glar-ita desires to -promote btisiness wit4in t4e Git-y and to
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8.a
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Ordinance No. 04-5
Page 4
PASSED, APPROVED AND ADOPTED this 8`4 day of June, 2004.
ATTEST:
CITY CLERK
Q.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss. .2
CITY OF SANTA CLARITA ) a
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I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that N
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 25a' day of May, 2004. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the S'I' day of a
June, 2004, by the following vote, to wit:
AYES: COUNCILMEMBERS: Ferry, McLean, Smyth, Weste, Kellar
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
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FLITS,
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 Clarita does hereby resolve
as follows:
SECTION 1. The City Council hereby adopts the attached policy.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 24th day of Novembe , 2009.
E,n�j
MAYOR
ATTEST:
CITY CLERK_ `-
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF SANTA CLARITA )
I, 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
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CITY OF SANTA CLARITA
POLICY/PROCEDURE
NUMBER U-26
SUBJECT
ENVIRONMENTALLY PREFERABLE
PURCHASING PROGRAM
ORIGINAL ISSUE 12/31/2009
EFFECTIVE 12/31/2009
CURRENT ISSUE
EFFECTIVE
CATEGORY:
ADMINISTRATION
SUPERSEDES
RESPONSIBLE DEPARTMENT: ADMINISTRATIVE
SERVICES
STANDARD MANAGEMENT PROCEDURE
PURPOSE
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
SECTION 1.0 - STATEMENT OF POLICY
It is the policy of City of Santa Clarita to;
• purchase products that minimize environmental impacts, toxins, 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 sustamably 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 Clanta.
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 toxins that create hazards to workers and our community,
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• 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,
mcludmg 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-hfe 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
furnisbings.
3.1.2 City of Santa Clarita shall purchase remanufactured products such as laser toner
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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 winch 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 nuuimum 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_Ilapii
ep.aoi.orelaualitylindex.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
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concrete.
3.18 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 future 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 sustainabiy
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. forjanitorial or automotive use)
shall contain ingredients that are eye or skin irritants, neurotoxins, carcinogens, mutagens, or teratogens.
These include chernicals listed by the U.S. EPA or the National Institute for Occupational Safety and Health
on the Toxins 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 biodegradabiiity, 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 V OC per liter (50gf l) for flat paint and 150 grams per
liter (150g11) 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/l (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. Thus includes, but is not limited tw
• 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 Clanta shall purchase products and equipment with nc lead or mercury whenever
possible, including automotive vehicles, equipment and lighting. For products that contain lead or mercury,
City of Santa Clarita shall ive preference to those products with lower quantities of these metals and to
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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 Ti 2 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 Ali 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
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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 ing 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-mch 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
microchmate, 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 mirumal 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, 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.
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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.
3.10.2 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.
3.103 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 chlornie 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 enbanced processes such as extended and oxygen delignification achieve the greatest
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reduction.
"Energy Star" means the U.S. EPA's energy efficiency product labeling program described at
http://www.enerpystar.go ,
"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.orjz/html/).
"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 fittpalwww.us be c.org.
"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.
"Practical" and "Practicable" mean whenever possible and compatible with state and federal law, without
reducing safety, quality, or effectiveness.
"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, 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(httu'1/www.oebha.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 cleating, 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
ht!p://-A,ww.energy.ca.gov/title24.
The "Toxics Release Inventory" (TRY) is a publicly available U. S. EPA database that contains information
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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.htrn.
"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.cpa.gov/cpaoswer/non-hwYprocure/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.
_ _.___5A Nothing_c_ontained_in this„program shall be construed as_requiring the City of Santa Clar_it_a_,_ 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.
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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 critena 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 deternunation 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
S.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.
Attachment
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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.
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
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APPENDIX GI
UNAUTHORIZED PROCUREMENT FORM
+ UNAUTHORIZED PROCUREMENT AND REQUEST FOR PAYMENT
An unauthorized purchase of goods andfor services could result in a molatian of the City of Santa
Clarita's Purchasing Policy. Any such violations may be subject to disciplinary action_ The following
information is required before payment can be considered.
Name:
Amount of Purchase:
Vendor Name:
Description of Purchase:
ONision/Department:
Date of Purchase:
Purchase over $3.000 was made without a Purchase Order_
❑ Purchase was for a service, arwd was made without an authorized, fully executed contract_
❑ Pu rchase over $a,000 was made without obtaining 3 quotes_
❑ Purchase was made without a 'Sing IelSole Source Justification' in place.
11 Splitting- multiple purchases were made under the limit in order to avoid issuing a Purchase Order.
❑ Other:
Description of unauthorized procurement:
Supervisor Approval (print and sign)
Division Manager Approval -
Director Approva I:
Clerk & Contract Services Manager Approval:
Form Completed by:
Date:
Date:
Date:
Date:
Date:
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{ ,} UNAUTHORIZED PROCUREMEHT AND REQUEST FOR PAYMENT
An unauthonzed purchase of goods andlor services could result in a violation of the City of Santa
Clarita's Purchasing Policy- Awry such violations may he subject to disciplinary action. The following
information is required before payment can be considered.
Name: DivisionlDepartrreht
Arnountof Purchase: Date of Purchase:
Vendor Name:
Description of Purchase-
❑ Purchase over $5.00D was made without a Purchase Order -
Purchase was for a service, and was made viithout an authorized, fully executed cont-act-
Purchase over $5,O00 was made without obtaning 3 quotes.
❑ Purchase was made without a 'SingledSole Source Justification' in place.
❑ Splitting- multiple purchases were made under the lirrit in order to avoid issuing a Purchase Order.
❑ Other..
Description of unauthorized procurement -
Supervisor Approval (print and sign): date:
Division Manager Approval: date:
Director Approval: date:
Purchasing Agent Approval: Date:
Form Completed by: date -
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