HomeMy WebLinkAbout2010-07-13 - RESOLUTIONS - ADOPT SC PURCHASING POLICY (2)RESOLUTION NO. RDA 10-8
A RESOLUTION OF THE CITY OF SANTA CLARITA
REDEVELOPMENT AGENCY ADOPTING THE CITY OF
SANTA CLARITA'S PURCHASING POLICY MANUAL
WHEREAS, the Santa Clarita Redevelopment Agency is a public body, corporate and
politic that exercises governmental functions and has the powers prescribed in Community
Redevelopment Law found at California Health & Safety Code §§33100 et seq..; and.
WHEREAS, in order to ensure consistent, fair and clear policies for purchases. by the
Agency, the Agency desires to adopt the City of Santa Clarita's Purchasing Policy Manual,
NOW, THEREFORE, the Redevelopment Agency of the City of Santa Clarita does
hereby resolve as follows:
SECTION 1. The Agency Board finds that the above recitations are true and correct and
are incorporated as'a material part of this Resolution.
SECTION 2. The Agency Board adopts the City of Santa Clarita's Purchasing Policy
Manual attached hereto as Exhibit A with the below alterations:
A. When the term "City of Santa Clarita" is used it shall be replaced with "Santa Clarita
Redevelopment Agency."
B. When the term "City Council" or "Council" is used it shall be replaced with "Agency
Board" or "Board."
C. When the term "City Clerk" is used it shall be replaced with "Agency Secretary."
D. When the term "City Manager" is used it shall be replaced with "Executive Director."
E. When the term "City Attorney" is used it shall be replaced with "Agency Counsel."
SECTION 3. The Agency Secretary shall certify to the adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED this 13th day of July, 2010.
ATTEST:
104 F
W74, Elk
P-4
FAX
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sarah P. Gorman, Agency Secretary of the Redevelopment Agency of the City of Santa
Clarita, do hereby certify that the foregoing Resolution was duly adopted by the Redevelopment
Agency of the City of Santa Clarita at a regular meeting thereof, held on the 13th day of
July 2010, by the following vote:
AYES: AGENCY MEMBERS
NOES: AGENCY MEMBERS
ABSENT: AGENCY MEMBERS:
Ender, Kellar, McLean, Ferry, Weste
None
None
PA
AGENCY SEC TARY
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
REDEVELOPMENT AGENCY RESOLUTION
I, , Agency Secretary of the Redevelopment Agency of the
City of Santa Clarita, do hereby certify that this is a true and correct copy of the original
Resolution No. RDA 10-8, adopted by the Redevelopment Agency of the City of Santa Clarita
California on July 13, 2010, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of 2010.
Agency Secretary
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By
Deputy Secretary
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Exhibit A
CI*ty of Santa Clarita
Ptirc'hani i i,,cT POLICY
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TABLE OF CONTENTS
SECTION DESCRIPTION PAGE
INTRODUCTION 1
PROGRAM RESOLUTION 05-103
SECTION 1.0
GENERAL PROVISIONS
2
SECTION 2.0
SOLICITATION PROCESSES
4
SECTION 3.0
SUPPLIES/SERVICES/EQUIPMENT
9
SECTION 4.0
PROFESSIONAL SERVICES
12
SECTION 5.0
PUBLIC PROJECTS
14
SECTION 6.0
PURCHASE ORDER CHANGES
17
SECTION 7.0
SUPPLIER RELATIONS
19
SECTION 8.0
POLICY EXCEPTIONS
22
SECTION 9.0
GRATUITIES
24
SECTION 10.0
SURPLUS/TRANSFER OF PROPERTY
25
SECTION 11.0
PURCHASING WITH SPECIAL FUNDS
26
SECTION 12.0
SUSTAINBLE PURCHASING
27
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 G
SUPPORT OF.SANTA CLARITA BUSINESS
ORDINANCE 04-12 AND ORDINANCE 09-6
APPENDIX H
ENVIRONMENTALLY PREFERABLE PURCHASING (EPP)
PROGRAM RESOLUTION 05-103
INTRODUCTION
Purchasing has prepared two documents to assist customers with procurement
issues. The first is the Purchasing Policy Manual. The policy manual is designed for
use by managers and supervisors directing or approving purchases. Derived from
the municipal code, 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.
The last document is a quick reference guide to the requirements for establishing a
purchase order. This does not take the place of a good understanding of purchasing
procedures but will help serve as a good starting point.
In addition to these printed documents there are several references available online
through Rnet. You are encouraged to review this site periodically for more detailed
information.
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Purchasing Policy July 2010 Page 1
SECTION 1.0
GENERAL PROVISIONS
I. 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.
"City Clerk" shall mean the person responsible for the City's
procurement program;
B.
"Purchasing Agent" shall mean the person responsible for the day to
day operations of the purchasing function;
C.
Any purchase order or contract contrary to the provisions of this policy
shall be null and void.
II. PROCUREMENT AUTHORITY
A.
All purchases of $2,000 and over, require a purchase order processed
by Purchasing as stated in this policy, before an order is placed, unless ,
otherwise authorized by City Council. A purchase order is not required,
for professional services up to $2,000; however, a written contract is
required.
B.
The City Manager may waive this policy as necessary by
recommendation to, and approval from, the City Council with the
exception of those provisions applying to public works.
III. PROCUREMENT RESPONSIBILITY
It shall be the responsibility of the Purchasing Agent to:
A. Procure quality supplies and services at the least expense to the City
in a timely fashion;
B. Ensure full and open competition as required in this policy and
discourage uniform or collusive bidding;
C. Examine each estimate and requisition and revise it as necessary to
meet statutes and policy;
D. Prepare and maintain vendor files;
E. Delegate the responsibilities of the Purchasing Agent as deemed
necessary.
Purchasing Policy July 2010 Page 2
IV. GENERAL
A. All purchases must be authorized by the Director (or designee) of the
requesting department.
B. Splitting of purchases to circumvent thresholds is prohibited.
C. All listed thresholds include taxes, packing, shipping and handling.
D. Competition is required for all purchases of $2,000 or more.
E. Council approval is required for all expenditures over $50,000 except
public projects where Council approval is required when the amount
exceeds $125,000.
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Purchasing Policy July 2010 Page 3
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SECTION 2.0
SOLICITATION PROCESSES
I. SCOPE
An appropriate competitive procurement process is required for all purchases
of $2,000 and over. This section will cover the various solicitation processes
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.
II. 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 City forms are:
Request for Quote (RFQ), Invitation for Bid (IFB) and Request for Proposal
(RFP).
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.
A. Request for Quote — The RFQ process is used for the procurement of
material, equipment and general.services costing $20,000 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 $20,000 where
the needs of the City may be adequately defined and for public
projects over $30,000.
C. Request for Proposal — The RFP process is used for the procurement
of professional services or material, equipment and general services
where the City seeks proposed solutions from the marketplace to
achieve goals and objectives stated in the RFP.
Purchasing Policy July 2010 Page 4
IV.
REQUEST FOR QUOTE
A Request for Quote (RFQ) is a simplified solicitation that can be as short as
one page or more than 100 pages. The format is dependent on the
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 for 2 years, longer if federally funded.
B. , The response rate for RFQs varies, but is usually less than 25%.
RFQs should be sent to as many businesses as possible to ensure.a
minimum of three good quotes are received.
C. While not required, usersare 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.
INVITATION FOR BID
An Invitation for Bid (IFB) is a more structured solicitation reflecting the dollar
value and complexity of the procurement.
A. The IFB will contain detailed instructions and the City's terms and
conditions.
B. Notices of the IFB should be sent to all businesses that have provided
information to the City as well as any known by the users to be
interested in the opportunity.
C. IFBs must be advertised at least twice in the local newspaper as well
as posted on the City's wbsite.
D. Normally, IFBs should be advertised at least 30 days before the
responses are due. Slightly shorter response timeframes may be
permitted for simple bids for off-the-shelf commercial items. Slightly
longer timeframes may be needed to support questions or pre-bid
meetings/site visits.
E. The IFB and notice will state a time, date and place for submission of
sealed responses and will be opened and read in public.
Purchasing Policy July 2010 Page 5
F. If the IFB is for services it must contain a sample of the contract
document.
G. The successful contractor is selected in accordance with the Municipal
Code.
V. REQUEST FOR PROPOSAL
A Request for Proposal (RFP) solicitation is normally used for professional
services or where detailed specifications are not available and the City seeks
solutions in the form of proposals from experienced firms. RFP solicitations
are very specific to the situation. As the template from Purchasing must
serve a variety of purposes it is intended to be modified for each situation.
A. The RFP will contain detailed instructions and the City's terms and
conditions. Contact Purchasing for retention requirements.
B. Notices of the RFP should be sent to all businesses that have provided
information to the City as well as any known by the users to be
interested in the opportunity.
C. RFPs should be advertised at least twice in the local newspaper as -
well as posted on the City's website.
D. Normally, RFPs should be advertised more than 30 days before the
responses are due. More complex RFPs and those expected to
generate a large number of questions should be advertised 45 days
prior to the date responses are due.
E. The RFP must contain a sample of the contract document.
F. Users can and should tailor the Scope of Work section to match their
needs. Particular attention should be paid to the cost and evaluation
portions.
The evaluation of RFP responses and selection of successful 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. 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 weights for each criteria should be determined and entered onto
the evaluation score sheet form. The form should be prepared when
the RFP is prepared, but NOT included with the RFP.
C. If pricing is requested, it should be requested as a separate,
detachable section. While pricing may be requested, it may NOT be
Purchasing Policy July 2010 Page 6
used as an evaluation criteria for architectural, landscape architectural,
professional engineering, .environmental, land surveying, and
construction project management services. While pricing may not be
considered in evaluating A&E services, a competitive process is still
required by the state Government Code.
D. When conducting RFP evaluations, a single individual should conduct
reference checks and that score included on the score sheets. If
pricing is included, the scoring for all other criteria should be completed
t - before opening and including the pricing.
E. Contract negotiations should begin with the highest ranked firm.
Should an agreement not be reached, negotiations should be
terminated with that firm and begin with the second ranked firm. The
process should continue until an agreement is reached with a
satisfactory firm. \
VI. PUBLIC PROJECTS
The City's public project solicitation process is governed by the State Public
Contract Code (PCC). Additionally, the City has elected to -become subject to
the uniform construction cost accounting procedures. The procedures allow
for an alternative bidding process. These alternative bidding procedures are
found in PCC 22030-22050 and supplement the requirements of PCC 20100-
20104.70 and PCC 20160-20189. The successful contractor will be selected
in accordance with the Public Contract Code.
Public project solicitations are aiso guided by other State Codes as well
as Federal Codes when any Federal funding is involved: Due to the
complexities involved, staff is encouraged to contact Purchasing about
their specific project.
A. The alternative bidding procedure provides thresholds for the public
project procurement process. For projects under $30,000 the
procedure provides 'for the award of projects by Purchase Order other
than by bidding. For staff this means that for projects between $2,000
and $30,000, the solicitation process may be by a request for quote.
Projects over $30,000 must be bid by either the informal (projects from
$30,000 to $125,000) or formal (projects over $125,000) solicitation.
The PCC provides for simplified and shortened notification procedures
for informal bids.
B. Request for Quote — The public project request for quote will follow the
normal City request for quote process with the exception of the format
of and the award of the solicitation. The solicitation format will be
modified to meet the needs of the using department and the public
project. The contract will be awarded to the lowest responsible bidder
and may be awarded by the City Manager or designee.
Purchasing Policy July 2010 Page 7
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C. Invitation for Bid'— Informal
Public projects over $30,000 but less than $125,000 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 $25,000.
Performance bonds may also be required.
(4) The sealed bids will be opened and read in public.
(5) The successful bidder will be the lowest responsible bidder and__-_
the contract may be awarded by the City Manager or designee.-- -
Plans. and specifications do not require the approval of the City,,
Council.
D. Invitation for Bid — Formal
Public projects over $125,000 will follow the City's normal bid process
with the additional requirements of the Public Contract Code .(PCC). .: .
(1) The notice inviting bids must be sent to the trade journals at
least 30 days before and to the local newspaper at least 14
days before the bids are due to the City.
(2) " The plans, specifications and contract award must be approved
by the Council.
(3) A bid bond in an amount equal to at least 10% of the amount of
the bid is required.
(4) A payment bond in an amount equal to 100% of the contract
value is required. Performance bonds may also be required.
(5) The sealed bids will be opened and read in public.
(6) The successful bidder will be the lowest responsible bidder and
the contract will be awarded by the City Council.
Purchasing Policy July 2010
Page 8
SECTION 3.0
SLI PPL IES/S ER VI CES/EO UI PMENT
SCOPE
This section, in conjunction with Section 1, provides the requirements for the
procurement of all supplies, services (other than professional), and
equipment.
II. DEFINITIONS
A'. Supplies - Essential materials required for the effective operation of the
City. Includes things such as, office supplies, tools and repair
materials.
B. Services - A service vendor (other than professional) generally
provides maintenance and/or intangible goods, and does not typically
require a license, certification or other professional criteria to perform
the work. This includes services such as equipment maintenance,
janitorial, printing, landscaping and refuse disposal.
C. Equipment - Essential hardware required for the effective operation of
the City. Includes things such as vehicles, fax machines, computers
and copiers.
D. D.D.P — Delivery Duty Paid is a shipping term outlining who: is
responsible for arranging shipping and the material while it is in transit.
D.D.P. destination means.the seller arranges shipping and is
responsible for the material until it is delivered to the destination and is
recommended on all purchases.
E. Piggyback - Piggyback is a descriptive term referring to an activity
where a third party, not part of the original contract, is allowed to place
orders against the contract.
III. REQUIREMENTS
A. PURCHASES UNDER $2,000
(1) Coded invoice - determination of price reasonableness is
recommended.
(2) Evidence of a Contract - (services only) Contract number or
copy of completed contract route sheet is acceptable. LA
County is covered under a master agreement for most services.
Purchasing Policy July 2010 Page 9
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PURCHASES FROM $,2,00070 $20;000
(1) Product/service description/specifications
(2) A minimum of three (3) written quotes
(3). Evidence of a Contract - (services only) Contract number or
copy of completed contract route sheet is acceptable. LA
County is covered under a master agreement for most services.
(4) Purchase order
PURCHASES OVER $20,000
(1) Product/service specifications
(2) Formal bid process (See Purchasing)
(3) Evidence of a Contract - (services only) Contract number or
copy. of completed contract route sheet is acceptable. LA
County is covered under a master agreement for most services.
(4) City Council approval over $50,000 (Cite date of Council
meeting and agenda item number)
(5) Purchase order _-
"SHOP LOCAL" INITIATIVE
(1) All bids and quotes, not using a multi -criteria award designation -
are now 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 bids 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.
IV. GENERAL
A. All purchases of supplies/services/equipment over $50,000 require
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.
Purchasing Policy July 2010 Page -10'
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. The contract number
or copy of completed contract route sheet is acceptable evidence of a
contract. LA County is covered under a master agreement for most
services.
D. For purchase orders of $50,000 or less, including those awarded by a
formal bid process; the City Manager (or designee) i - ay approve the
purchase order. All purchase orders over $50,000 must have Council
approval evidenced by the approved agenda report or the date of the
council meeting and agenda item number.
E. If you have a requisition that includes Section 3 items (supplies,
services and equipment) and Section 4 items (professional services), it
will be processed as a Section 3 requisition unless directed otherwise
by the City .Manager (or designee).
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Purchasing Policy July 2010 Page 11
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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 consist of the following; accounting, architectural, auditing,
consulting, engineering, environmental, legal, surveying, or training.
Ill. REQUIREMENTS
A. PURCHASES UNDER $2,000
(1) Coded invoice
(2) Evidence of a Contract —Contract number or copy of completed .
contract route sheet is acceptable. LA County is covered under
a master agreement for most services.
B. PURCHASES FROM $2,001 TO $50,000
(1) Evidence of a Contract -Contract number or copy of completed
contract route sheet is acceptable. LA County is covered under
a master agreement for most services.
(2) Purchase Order
C. PURCHASES OVER $50,000
(1) Evidence of a Contract - Contract number or copy of completed
contract route sheet is acceptable. LA County is covered under
a master agreement for most services.
(2) City Council approval (note date of meeting and agenda item
number)
(3) Purchase Order
IV. GENERAL
A. Formal bids are not required on professional services as they must be
selected based on qualifications first, cost second. However, a
selection process is required and quotations or proposals are
recommended from a minimum of three qualified individuals or firms to
ensure adequate comparison and fair pricing occur. Should
negotiations prove unsuccessful with the primary professional service
provider, written notice must be given to formally terminate
Purchasing Policy July 2010
Page 12
negotiations and negotiations shall commence with the second most -
qualified firm.
B. A copy of the contract or indemnity clauses must be included in all
solicitations.
C. A contract or letter of agreement specifying all necessary insurance
and bonding requirements is required for services under this section.
The contract number or copy of completed contract route sheet is
acceptable. LA County is covered undei* a master agreement for most
services.
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Purchasing Policy July 2010 Pagg 13
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SECTION 5.0
PUBLIC PROJECTS
I. 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.
II. DEFINITIONS
A. A Public Project (also known as Public Works Projects and includes
Capital Improvement Projects) - is defined in the Public Contract Code
as follows:
"Public project" means any of the following:
(1) Construction, reconstruction, erection, alteration, renovation,
improvement, demolition and repair work involving any publicly
owned, leased or operated facility;
(2) Painting or repainting of any publicly owned, leased or operated,
facility;
(3) In the case of a publicly owned utility system, "public project"
shall include only the construction, erection, improvement, or
repair of dams, reservoirs, and electrical transmission lines of
230,000 volts and higher.
(4) `Public project' does not include maintenance work. However,
maintenance work IS still covered under prevailing wage.
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;
(5)
Work performed to keep, operate, and maintain publicly owned
water, power, or waste disposal systems, including, but not
Purchasing Policy July 2010 Page 14
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.
III. REQUIREMENTS
A. FOR PROFESSIONAL SERVICES ASSOCIATED WITH PUBLIC
PROJECTS REFER TO SECTION 4.0
B. PROJECTS UNDER $2,000
(1) Coded invoice
(2) Evidence of a Contract - Contract number or copy of completed
contract route sheet is acceptable. LA County is covered under
a master agreement for most services.
C. PROJECTS FROM $2,001 TO $30,000
(1) Product/service descriptions/specifications
(2) A minimum of three (3) written quotes
(3) Evidence of a Contract - Contract number or copy of completed
contract route sheet is acceptable. LA County is covered under
a master agreement for most services.
(4) Purchase Order
D. PROJECTS FROM $30,000 TO $125,000
(1) Product/service descriptions/specifications
(2) Informal bid process (See Section 2.V1 )
(3) Evidence of a Contract - Contract number or copy of completed
contract route sheet is acceptable. LA County is covered under
a master agreement for most services.
(4) Purchase Order
E. PROJECTS OVER $125,000
(1) Product/service descriptions/specifications
(2) Formal bid process (See Section 2.V1 )
(3) Evidence of a Contract - Contract number or copy of completed
contract route sheet is acceptable. LA County is covered under
a master agreement for most services.
(4) City Council approval of plans and specifications as well as the
award of contract and expenditure (Cite date of Council meeting
and agenda item number)
(5) Purchase Order
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IV. GENERAL
A.' Project specifications and a contract identifying all insurance and
bonding requirements are required for work contracted under this
section. The contract number, copy of the contract, completed route
sheet or the Risk Manager's authorization by email or memo satisfies
this requirement.
B. The project manager is responsible for ensuring all requirements of the
Uniform Public Construction Cost Accounting Commission Act are
followed.
Purchasing Policy July 2010
Page 16
SECTION 6.0
PURCHASE ORDER CHANGES
I. SCOPE
This section provides guidelines for changing established purchase orders.
II. DEFINITIONS
A. .'Change Order- A request to change any entry on an approved
purchase order.
III. GUIDELINES
A. Generally, any change to a purchase order not affecting any money
values may be made by any person in the department trained to do
change orders to purchase orders. See Purchasing for more details.
B. Changes resulting in a reduction in the dollar value of a purchase order
may be made by any person in the department trained to do change
orders to purchase orders. See Purchasing for more details.
C. Changes that result in a purchase order exceeding a quote, bid or City
Council approval threshold will be required to comply with the
requirements of the new threshold. City Council approval will be
required to approve changes exceeding the threshold for City Council
approval.
D. For change orders to.purchase orders originally requiring Council
approval, the following guidelines apply:
(1) Purchase orders may be established for the Council -approved
contract amount, plus any Council -approved contingency
amount or $125,000, whichever is less;
(2) A change to a purchase order that results in a purchase order
total dollar amount less than the Council -approved contract
amount plus any Council- approved contingency can be
approved by the department head or designee subject to
number three below;
(3) Cumulative changes greater than $125,000 to a contract that
result in a purchase order total dollar amount less than the
Council -approved contract amount plus any Council -approved
contingency must be approved by the City Manager and may
require additional Council approval if deemed necessary by the
City Manager;
Purchasing Policy •July 2010 Page 17 ,
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(4) A change to a purchase order that results in a purchase order
total dollar amount greater than the contract amount plus any
Council -approved contingency requires Council approval;
(5) The maximum contingency is 15% unless otherwise approved
by the City Manager;
(6) The change order process and contingency amounts for all
Council -approved items must be written into the
recommendation in the agenda report to effect change orders
stated in this policy without returning to Council for approval.
Five specific things should be addressed in the recommendation
paragraph 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.
E. For changes to purchase orders not originally requiring Council F
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 Council
approval, or, for supplies/service/equipment, a purchase order
total under $20,000 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 $20,000
to $50,000 must be approved by the City Manager or designee;
(3) A change to a purchase order that results in a purchase order
total dollar amount greater than the threshold limits requiring
Council approval must be approved by Council.
Purchasing Policy July 2010
Page 18
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.
IL 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.
Violations of the antitrust laws in any of the City's operations may have far-
reaching effects, causing substantial injury to the City in lengthy and
expensive litigation, 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.
M. CONFLICT OF INTEREST
Employees engaged in the purchasing function are expected to be free'of
interests or relationships which are actually or potentially malicious or
detrimental to the best interests of the City; and shall not engage or
participate in any commercial transaction involving the City in which they have
a significant undisclosed financial interest.
Any employee engaged in purchasing who has assumed, or is about to
assume, a financial or other outside business relationship that might involve a
conflict of interest, must immediately inform the supervisor of the
circumstances involved. This information is to be reviewed at an appropriate
level for decision on whether a conflict of interest is present and, if so, what
course of action is to be taken. Therefore, a conflict of interest exists where
an employee:
A. has an outside interest that materially encroaches on time or attention
which should be devoted to the affairs of the City;
B. has a direct or indirect interest in or relationship with a non-employee
that is inherently unethical or that might be implied or construed to be
unethical, or make possible personal gain due to the employee's ability
to influence dealings; render the employee partial toward the outsider
for personal reasons or otherwise inhibit the impartiality of the
,employee's business judgment; place the employee or the City in an
ambiguous, embarrassing or ethically questionable position; or reflect
on the integrity of the City;
Purchasing,Policy July 2010 Page 19 .
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C. takes personal advantage of an opportunity that properly belongs to
the City.
IV. SUPPLIER SAMPLES
When suppliers offer samples for evaluation, they will be accepted only under
the following conditions:
A. The product is one that is of a type presently in use or is of potential
use to the City. Samples of goods not likely to be purchased must not
be accepted;
B. The quantity or size of the sample is relatively small and of low value.
The object of a sample is the examination of its fitness for our service -
not to provide an inventory of the material;
C. Any chemical offered as supplier samples shall not be accepted unless
accompanied by an OSHA Material Safety Data Sheet; (must be kept
on file with individual department accepting sample and a copy
submitted to Technology Services for inclusion in the Fire Safety
Manual);
D. If supplier samples are accepted, they shall be promptly conveyed to
the appropriate department for testing. Personal use of samples is
prohibited. The supplier is entitled to a prompt evaluation of the given
sample. In the event a sample is requested from a supplier to evaluate
its applicability to a particular situation, such samples shall be
purchased.
V. SUPPLIER TRANSACTIONS
It is our policy to maintain and practice the highest possible standards of
business ethics, professional courtesy and competence in all of our 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;
' d
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;
Purchasing Policy July 2010 Page 20
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.
VI. ' SUPPLIER PERFORMANCE
Most suppliers take great care to ensure their products and service meet our
high standards. On occasion a product or service may not meet our
expectations for one reason or another. We need to ensure we receive the
quality we contract for. To this end, Purchasing has some basic steps to take
if you encounter 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 you should 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 you will need to provide the notification by
letter and in detail. The detail should include a request forremedy if
appropriate.
D. Always let Purchasing know as soon as you have any problems. If
Purchasing assisted in the purchase, we used our forms which cover
many common issues. If not, we 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 can't prevent a company form responding to a
solicitation) but our 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. Don't hesitats to contact Purchasing if you have
any questions.
Purchasing Policy July 2010 1 Page 21
SECTION 8.0
POLICY EXCEPTIONS
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;
B. Single Source -
(1) The supplier is the only source known to the City after
(underlined for emphasis) a reasonable search for other
suppliers- has been conducted;
-or-
(2) The current work requirements are an extension of the original
work and substantially rely on the experience gained during the
original work. -
C. Emergency - A situation that threatens life or property. Time constraint
is NOT an adequate justification for an emergency purchase.
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.
C. Grants made. by the City are not considered purchases and are not
subject to 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. Council will ratify any such procurement that would
normally have required Council approval at the next Council meeting.
Purchasing Policy July 2010 Page 22
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 Council approval.
H. For public projects, the only allowed exception is in cases of
emergency.
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Purchasing Policy July 2010 Page 23
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SECTION 9.0
GRATUITIES'
I. SCOPE
This section provides guidelines on the acceptance of gratuities.
11. 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.
I11. GENERAL
A. Employees may accept items such as coffee cups, pencil holders,
pens etc. in the instance where:
(1) the item is valued at less than $25;
- and/or -
(2) the name of the offering firm is clearly displayed on the item for
purpose of advertisement and the item is not displayed in a
conspicuous manner;
(3) any edible item such as fruit or candy may be accepted but
must be consumed by the department accepting the item.
B. Any employee accepting gratuities over the amount specified in
paragraph III.A.1 will be attended to in accordance with established
personnel policies.
Purchasing Policy July 2010
Page 24
SECTION 10.0
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.
III. GENERAL
A. The Administrative Services Director, or Designee, may, by direct sales
or otherwise, sell or dispose of any property belonging to the City and
approved by the City Manager for such disposal.
B. No member of the Council and no employee shall be permitted to
purchase any assets or supplies from the City 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 equipment, supplies, and/or
materials 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
surplus or equipment by donation to local schools or non-profit
organizations when the estimated value of such surplus is less than
one thousand dollars ($1,000)
1
Purchasing Policy July 2010 Page 25
J
SECTION 11.0
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.
Purchasing Policy July 2010 Page 2.6
SECTION 12.0
SUSTAINABLE PURCHASING
I. SCOPE
This section provides the requiremerts in support of sustainable purchasing
of supplies, equipment and services. The City has adopted an
Environmentally Preferable Purchasing-(EPP) Program included as Appendix
H. This program provides general guidance towards improving the
sustainable purchasing process. 'Additionally, the State Public Contract Code
outlines some specific requirements for cities to follow.
II. DEFINITION
A. Recycled products — For the purpose of compliance with the State
Public Contract Code recycled products means printing and writing
paper, paper products, mulch -compost and related products, glass
products, lubricating oils, plastic products, paint, antifreeze, tires, tire
derived products and metal products.
B. Businesses - includes bidders, contractors, and other interested parties
that provide services to, or sell products to, the state.
C. Postconsumer material - means a finished material that would have
been disposed of as a solid waste, having completed its life cycle as a
consumer item, and does not include manufacturing wastes.
III. GENERAL
State Public Contract Code Section 22150 requires cities to purchase
recycled products if fitness and quality are equal and the recycled items are
available at the same or lesser total cost as non -recycled items.
State Public Contract Code Section 22152 requires cities to require
businesses to certify in writing the minimum, if not exact, percentage of
postconsumer materials in the products, materials, goods, or supplies, offered
or sold.
All printing contracts shall require recycled content paper.
-Appendix -H-provides additional information to support the Council's goal of
supporting sustainability.
IV. REQUIRED ACTIONS
A. All City purchases will encourage businesses to identify potential
recycled product candidates with postconsumer waste. They may be
offered as alternatives to or equivalents for any products requested.
Purchasing Policy July 2010 Page 27
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B. All City purchases will require responding businesses to certify the
postconsumer cont6ht'of.the products being offered even if that
content is zero.
C. All City contracts resulting in printed materials will require the printing
to be on recycled paper.
Purchasing Policy July 2010
0
Page;.28...
APPENDIX A
PURCHASING STANDARDS OF CONDUCT
CITY OF SANTA CLARITA
Standards of Conduct Background for Purchasing Staff
In recognition of the special trust inherent in Purchasing Staff positions charged with guiding
the expenditure of public funds, the highest standards 'of conduct are considered essential.
These expectations are reflected in the Standards of Conduct established by this policy and
are applicable to all city employees assigned to Purchasing under the supervision of the
Purchasing Agent.
The California Code of Regulations and State Government Code provide basic guidance
regarding financial conflicts of interest. The intent of this policy is to supplement the
financial conflict of interest regulations with broader standards of conduct and cover
procurements involving federal funds.
POLICY
All conflict of interest regulations as stated in the California Code of Regulations and
Government Code are considered an integral part of this policy: No part of this policy will
alter or supersede any portion of the City or State guidance on conflict of interest. All
requirements of this policy are additive to the City and State guidance.
In order to prevent the perception of favoritism, all administrative processes will be followed
diligently, consistently and openly.
One of the primary responsibilities of public servants is the protection of public confidence
and trust in the integrity of governmental processes. Any conduct which may detract from
this trust is prohibited. The mere "appearance" of a conflict of interest may result in the.
same damage to public trust in government as actual wrongdoing. Action or inaction that
results in the "appearance" of conduct prohibited by this policy is also prohibited.
DEFINITIONS
Financial interest — Financial interest will be the same as defined in the Statement of
Economic Interest Form 700.
Immediate family member — Parents, siblings, spouse or partner, parents and siblings of
spouse or partner and children.
Organizational conflict of interest — Organizational conflicts may result in bias or unfair
competitive advantage. An organizational conflict of interest occurs where - because of
other activities, financial interests, relationships, or contracts - an employee or contractor is
unable, or potentially unable, to render impartial assistance or advice to the City, the
employee or contractor's objectivity in performing work is or might be impaired, or a
contractor has an unfair competitive advantage. '- z
' - 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. .
Purchasing Policy July 2010 Appendix A Page 1
C
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 Citiproperty or resources for personal advantage.
F.
Avoid inequitable treatment of vendors to include, favoritism, unnecessary use of
brand names and organizational conflicts.
G.
Handle confidential or proprietary,information with due care and proper
consideration of ethical and legal ramifications and governmental regulations.
1. PERCEIVED IMPROPRIETY
Purchasing staff will avoid the intent and appearance of unethical or compromising conduct -
in relationships, actions, and communications.
The consequences of a perceived impropriety can be the same as consequences of an
actual impropriety. Therefore, it is essential that any activity or involvement between
Purchasing staff and active or potential suppliers which in any way diminishes, or even
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
19 - 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 8(a)(5) of FTA Circular
4220.1E.
Purchasing Policy July 2010 Appendix A Page 2
potential) of a conflict of interest should be discussed with management, and a
reassignment of procurement responsibility should be considered.
o 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.
o Displays of personal preference may give an impression of impropriety and should
be avoided. Conversation that delves excessively into personal affairs should be
avoided.
o Positive action should be taken by management to alleviate suspicion of impropriety.
This does not mean -you or your immediate family can't have friends in the business
community or even ones that do business with the City. What it does mean is that when
they become involved with a purchase or contract, you must notify your supervisor.
2. CONFLICT OF INTEREST
Avoid any personal business or professional activity that would create a conflict between
personal interests and the interests of the employer.
Purchasing Staff must not use their positions in any way to induce another person to provide
any benefit to themselves, or persons with whom they have family, business, personal, or
financial relationships. Even though a conflict may not technically exist, staff must avoid the
appearance of such a conflict. Whenever a potential conflict of interest arises, the employee
should notify the appropriate supervisor for guidance or resolution.
The following are recommended guidelines to avoid conflicts of interest:
Conduct to be Avoided
o 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.
o Engaging in improper personal business with, or employment by, an organization
which has or may conduct business with the City. Examples include but are not
limited to:
a) Owning or leasing any property with knowledge that the employer has an
active or potential interest therein.
b) Having a direct or indirect interest in or relationship with anon -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.
C) Taking personal advantage of an opportunity that properly belongs to the City
or using City property or resources for personal gain.
d) Using the City's name (unless authorized) to lend weight or prestige to
sponsorship of a political party or cause, or endorsing the product or service
of another organization.
o Taking personal advantage of an opportunity that properly belongs to the City or
using City property or resources for personal gain.
o 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.
Purchasing Policy July 2010 Appendix A Page 3
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Personal Investment
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.
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 t67ensure:
o It is legal.
o It is in the best interests of the City.
o It will not influence the purchasing decision.
o It will not be perceived by peers or others to be unethical.
Sources of influence include:
o Management Policies
o Gifts, Gratuities, and Entertainment
o Product Samples
o Business Meals
o Personal Relationships
o . Political Considerations
o Advertising
o 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 buyirig'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.
Purchasing Policy July 2010 . Appendix A Page 4
o Extreme caution must be used in evaluating the acceptance of gifts, gratuities, or I
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.
n Soliciting gifts, gratuities, or entertainment in any form for yourself, other staff or the
City is unacceptable.
o Avoid accepting monies, credits; and prejudicial discounts.
o 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.
o 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.
o 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.
a Such meals shall be for a specific business purpose.
o Frequent meals with the same supplier should be avoided.
a Purchasing Staff must pay for their share of the meal expenses.
Personal Relationships
Personal relationships are an inherent aspect of supply management. Purchasing staff
interact extensively with suppliers' representatives. Individuals in many other functional
areas in both the buying and supplying organizations also interact extensively with each
other. The development of personal relationships from such interactions is both expected
and desirable as it leads to relationships based on understanding and trust. It must also be
recognized that the purchasing decision must not be influenced by anything other than what
is in the best interest of the organization, and that personal relationships that develop
beyond what is necessary to ensure understanding and trust may be inappropriate. It is
important, therefore, for staff to closely monitor the nature of relationships with suppliers'
representatives to ensure that personal friendships do not develop that would result in
decisions not in the organization's best interest.
Political Considerations
All or are subject to internal and external forces and pressures. Internal forces
and pressures result from an organization's culture. External forces and pressures consist of
economic conditions, laws, regulations, public opinion, special interest groups, and political
entities. The negative influence of internal and external forces and pressures on supply
management can be minimized when the organization adopts practices based on ethical
principles and standards.
Advertising
Care should be exercised when accepting promotional items or participating in activities
which tend to promote one supplier over another, or could be perceived as favoritism for a
supplier by staff. Purchasing Staff will be sensitive to the appearance of numerous
promotional items when meeting with representatives of other suppliers.
Purchasing Policy July 2010 Appendix A Page 5
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:
o
Pricing
o
Bid or quotation information
o
Cost sheets
o
Formulas and/or process information
o
Design information
a
Organizational plans, goals, and strategies u,
o
Profit information
o
Asset"information
o
Wage and salary scales
o
Personal information about employees, officers, and directors
a
Supply sources or supplier information
o
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'engagirig in a practice known as reciprocity.. These purchasing actions are
Purchasing Policy July 2010 Appendix XPage 6
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 , esult in legal sanctions against the
City, its management, and/or its procirement staff.
The following are recommended guidelines in dealing with reciprocity:
o Procurement strategy must include a positive efforiL to oppose any corporate or
organizational commitment to, or pursuit of, any'form of improper reciprocity.
o 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.
o If a supply management professional believes the potential for improper reciprocity
exists, or is being encouraged by marketing or management to engage in reciprocity,
legal counsel should be sought.
INFRACTIONS
Failure to comply with the standards of conduct may result in administrative action in
accordance with the City's Human Resource policies and procedures.
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Purchasing Policy July 2010 Appendix A Page 7
APPENDIX B
SUMMARY OF RESOLUTIONS AFFECTING PROCUREMENT
I. 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
1.. 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.
3. A 10% price preference may be given to recycled, reusable or
products designated to be recycled when offered as alternatives
to non -recyclable products. The preference shall be based on
the lowest bid or price quoted by the supplier offering recycled
products.
4. Equipment acquired by the City shall, whenever practical, be
compatible with the use of recycled content products.
5. Product specifications and performance standards shall not
require virgin material nor exclude recycled -content products
indiscriminately.
6. To the extent possible, City staff shall identify to purchasing, on
the purchase requisition, products available with recycled
content and vendors from whom such products are available.
7. The Purchasing Agent may specify a minimum "recycled -
content" standard in bid solicitations.
8. City purchased and printed paper shall be labeled with "Printed
on recycled paper."
9. City requested documents, produced by contractors and
grantees shall be printed on post -consumer recycled paper.
Purchasing Policy July 2010 Appendix B Page 1
Council RESOLUTION 91-91, PROTECTION OF TROPICAL TIMBER
A. BACKGROUND
The importation and use of tropical timber promotes the loss of tropical
rain forests. This loss has been shown to not only destroy species and
cultures indigenous to the rain forest, but to also hasten the
deterioration of the global environment. As a responsible member of
the global community, the City is fundamentally opposed to actions
harmful to tropical rain forests. To set the community standard, the
City has prohibited the purchase of any item or product which has
originated in part or in whole from any tropical hardwood. See
Appendix D for additional information.
B. PROCEDURES
Comply with City Council Resolution 91-91.
2. Require wood vendors to note on each invoice for wood
products the identity of the manufacturer of the products, and
that the material supplied is not tropical wood.
3. Public Projects contractors shall certify that no tropical
hardwoods are being used by prime or subcontractors in the
awarded project.
Council RESOLUTION 89-95, STATE OF CALIFORNIA CO-OPERATIVE
PURCHASING
A. BACKGROUND
Frequently, during the course of business, the City requires material in
small quantities. Purchases of many items in small quantities forgoes
the discounts vendors offer for large volume purchases. To assist
local communities who might normally be unable to take advantage of
cost savings through volume purchases the State of California has
made many of it's 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.
1
Purchasing Policy July 2010 Appendix B Page 2
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
The use of co-operative and piggybacking opportunities are authorized
when determined to be in the best interests of the City.
V. Ordinance 04-12 and 09-6; SUPPORT OF SANTA CLARITA BUSINESSES
A. BACKGROUND
General Fund revenues make up a large portion of the City's operating
funds and sales tax revenue makes up a large part of the General
Fund. Over the last two years, the city has embarked on 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
Purchasing Policy July 2010 Appendix B Page 3
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
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 H further clarifies some of the terms
used below.
B. PROCEDURES
1. 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.
1
n
Purchasing Policy July 2010 Appendix B Page 4
'I 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,
Purchasing Policy July 2010 Appendix C Pagel
procedures for obtaining and verifying estimates and certifications of content of
recovered materials, and annual review and monitoring.
Additionally, the California Integrated Waste Management Act of 1989 mandates
that State agencies purchase products manufactured from recycled materials. The
State is also asking for cities to join in this statewide effort. It is not enough to
merely establish or participate in recycling program development, it has become
necessary to commit to the purchase of recycled materials as well. If the end
products of the collected and recycled materials are not purchased, then recycling
and waste reduction efforts cease to be effective in the long term.
The recommended procurement resolution concerns itself with the source of
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 "secondarycontent" 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 ..
Purchasing Policy July 2010 Appendix C Page 2
programs and will close the recycling "loop" and stimulate market economies,
thereby reducing the costs of "recycled -content" materials.
The U.S. Environmental Protection Agency's (EPA) recycled product procurement
guidelines issued pursuant to the Resource Conservation and Recovery Act do not
specifically apply to the City (the City does not fall under the EPA's definition of a
"procuring agency"), except in instances where materials are purchased by the City
with earmarked federal funds. Although not mandatory, following the guidelines will
reduce waste in the manufacture and use of products and packaging purchased by
the City. The EPA's procurement. guidelines provide useful guidance and leadership
to the City's staff in evaluating the purchase of products for City use.
The procurement recommendation, and particularly the provisions for affirmative
"recycled -content" product identification, procurement, certification, promotion and
annual monitoring (a report will be sent to Council) do conform with EPA guidelines.
Please note that the policy endorses the State of California's definition of recycled
paper products, rather than the Environmental Protection Agency's. The State
definition is more strict than the EPA's when it comes to permitting miscellaneous
material to count as "recycled" content, and also requires post -consumer content for
different grades of paper for which the EPA does not require any post -consumer
content for a paper to qualify as "recycled."
This policy will also further contribute to the City's compliance with a State
requirement (AB939) that cities undertake and report market development activities.
Additionally, AB4, also enacted in 1989, contains four basic requirements:
The City must require bidders to specify both the total recovered and post-
consumer content of paper products (even if zero).
2. Specifications should not discriminate against recycled content.
3. City printing contracts must meet the recycled content provisions of AB939..
4. The City must "buy recycled" if a paper product costs no more than
comparable non -recycled paper product.
Purchasing Policy July 2010 Appendix C Page 3
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 zprograms 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 -
WHEREAS, the implementation of a.procurement policy for the City of Santa Clarita
would contribute to the conservation and protection of natural resources and support city-wide
recyclingprograms; and
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
Definitions of Recycled Content
A. Post -consumer recovered materials. A finished material which would normally be
disposed of as a solid waste, having completed its life cycle as a consumer item.
Examples of post -consumer recovered materials include, but are not limited to; used
newspaper, office paper, yard waste, plastic bottles, oil, asphalt, concrete and tires.
B. Pre -consumer recovered material. Material or by-products generated after ,
manufacturing of a product is completed, but before the product reaches the end-use
consumer. Examples of pre -consumer recovered materials include, but are not
limited to; obsolete inventories of finished goods, rejected unused stock and paper
wastes generated during printing, cutting and other converting operations.
This category does not include mill or manufacturing trim, scrap or "broke," which is
material generated at a manufacturing site and commonly reused within the
manufacturing process. For example, pre -consumer paper waste sources are not
considered "recycled." Components of a paper product include, but are not limited
to; fibers recovered from waste water, trimmings of a paper machine rolls, sawdust,
chips, wood slabs, other wood residue from a manufacturing process, and such
materials sold between mills.
C. Total recovered material. The total pre- and post -consumer recovered material
contained in a product.
Purchasing Policy July 2010 Appendix C Page 4
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:
1. The highest percentage of recycled content of "post -consumer recovered materials,"
available in the marketplace; and
2. The highest percentage of "pre -consumer recovered materials," available in the marketplace.
In those instances where it is deemed impractical to procure a recycled -content item, a specific
explanation for the finding must be included in the purchasing record (see "Monitoring and Annual
Report" section).
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. bythe 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:
1. 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
Equipment purchased or rented by the City shall be compatible, whenever practical, with the use of
recycled content products. If deemed impractical, a specific reason for such a finding must be
included in the purchasing record.
VI. Purchase Requisition, Specification and Bid Solicitation
Product specification and requisitions for products shall conform to the following guidelines:
1. 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;
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 Division (in
the Purchase Requisition) products available with recycled content and vendors from who
such products are available.
4. Purchasing agents have the authority to specify a minimum "recycled -content' standard in bid
solicitations to accomplish the purposes of this policy.
Purchasing Policy July 2010 Appendix C Page 5
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.
VIII. 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 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:
1. 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 Policy July 2010 Appendix C Page 6
1
1
Purchasing Division's workload. This will be evaluated as the policy is implemented and
recommendations as needed will be brought forward to the Council, to augment staff, if necessary
and appropriate.
Fiscal Impact
The adoption and implementation of this procurement ordinance may impact current budgets. Given
the requirements of AB939 and the concern over additional landfill development, and rising disposal
costs, these anticipated costs are. necessary to conserve and protect natural resources and support
the City of Santa Clarita's recycling and market development goals.
Conclusion
The future of recycling depends upon the creation of stable and sustaining markets for recycled
secondary products. It is recommended, therefore, that the City of Santa Ciarita 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.
Purchasing Policy July 2010 Appendix C Page 7
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Purchasing Policy July 2010 Appendix C Page 8
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APPENDIX D
RESOL UTION. NO. 91-91
A RESOLUTION OF THE CITY Council OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
FOR THE ADOPTION OF A POLICY REGARDING
PROTECTION OF TROPICAL TIMBER
WHEREAS, tropical rainforests are being destroyed at a rate of 50,000 acres per day and
rainforests larger than the State of California are disappearing from the earth yearly; and
WHEREAS, the use of imported tropical timber by the United States represents a
substantial loss of tropical rainforests, and scientific evidence has shown that the destruction of tropical
rainforests is partially responsible for the Greenhouse Effect, as well as contributing to the death of
indigenous rainforest peoples and the destruction of their culture; and
WHEREAS, the tropical rainforests are home to half of the world's species, and the loss of
these forests results in the extinction of tens of millions of species; and
WHEREAS,, it is in -the interest of those who live, work, and do business in the City that
measures be taken to reduce or stop the destruction of tropical rainforests worldwide; and
WHEREAS, a ban on the use of tropical timber by the City would reduce demand for
tropical timber, thus lessening the need to cut more tropical rainforest; and
WHEREAS, such a ban would not create shortages of building supplies, as alternative
wood products are grown in a substantial fashion in temperate forests; and
WHEREAS, the ban would stimulate business and provide jobs in the United States, as
many alternatives to tropical hardwoods are grown domestically.
NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Santa Clarita, California, as
follows:
SECTION 1. The City Council hereby adopts the following policy:
A. The City of Santa Clarita shall not purchase any item or product which has originated in
part or in whole from any tropical hardwood species listed in this section, nor shall any
City sponsored event utilize such products, nor shall City Public Works contractors utilize
such products.
Purchasing Policy July 2010 Appendix D Page 1
D. 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
Ahingeria Spp.
Aningeria
Dipterocarpus Grandiflorus
Apitong
Ochrama Lagopus
Balsa
Virola Spp.
Banak
Anisoptera Thurifera
Bella Rosa
Guibourtia Arnoldiana
Benge
Detarium Senegalese
Boire
Guibourtia Demeusil
Bubinga
Prioria Copaifera
Cativo
Antiaris Africana
Cancan
Dalbergia Retusa
Concobolo
Cordia'Spp.
Cordia
Diospyros Spp.
Ebony
Aucoumea Klaineanal
Gaboon
Chlorophora Excelsa
Iroko
Acacia Koa
Koa
Pterygota Macrocarda
Koto
Shorea Negrosensis
Red Luan
Pentacme Controta
White Luan
Shorea Polysperma
Tanguile-
Terminalia Superba
Limba
Aniba Duckei
Louro
Khaya Ivorensis
African Mahogany.
Swietenia Macrophylla
American Mahogany
Tieghemella Heckelii
Makore
Distemonanthus Benthamianus
Movingui
Pterocarpus Soyauxii
African Paduak
Pterocarpus Angolensis
Angola Paduak
Aspidosperma Spp.
Peroba
Peltogyne Spp.
Purpleheart
Gonystylus Spp.
Rasmin
Dalbergia Spp.
Rosewood
Entandrophragma Cylindricum
Sapele
Shorea Philippinensis
Sonora
Tectona Grandis
Teak
Lovoa Trichiliodes
Tigerwood
Milletia Laurentii
Wenge
Microberlinia Brazzavillensis
Zebrawood
C. Exemptions: The City Council may exempt an item or product from the requirements of
this section upon evidence that such item or product has no acceptable non -tropical
wood equivalent, or is required in'a designated historical building; and
D. Directing City staff to modify its procedures
regarding purchasing by requiring each wood
vendor to note on each invoice for wood products supplied to the City of Santa Clarita the
identity of the manufacturer of
Purchasing Policy July 2010
Appendix D Page 2
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Purchasing Policy July 2010 Appendix D Page 3
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Purchasing Policy July 2010 Appendix E Page 1
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Purchasing Policy July 20M
Appendix E Page 2
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Purchasing Policy July 2010. . Appendix F Page 1
a ttlr .
APPENDIX G
ORDINANCE NO. 04-12'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA CLARITA AMENDING CHAPTER 12 OF
TITLE 3 OF THE MUNICIPAL CODE RELATING TO
PURCHASING CODES
Whereas, the City of Santa Clarita endeavors to purchase the highest quality supplies and goods,
at the most reasonable and economical cost; and,
Whereas, the City of Santa Clarita'desires to promote business within the City and to encourage
businesses to locate and remain within the City; and,
Whereas, the City Council of the City of Santa Clarita, after review and upon study and
recommendation of staff, finds and determines that modifications are necessary in the purchasing system
to be reflected in an amended Chapter 3.12 of the Santa Clarita Municipal Code to provide the City of
Santa Clarita with a method of purchasing the.highest quality supplies and goods, at the most reasonable
and economical cost, while simultaneously promoting business within the City and encouraging
businessestdlocate>�and remaihVithih the`City.
NOW, THEREFORE, the City Council of the City of Santa Clarita, California does hereby ordain as
follows;
Section 1. That the Municipal Code is hereby amended at Section 3.12.120, relating to formal bid
procedures, to read as follows: r.. ..
m
3.12.120 Formal (sealed) Bid Procedures. Except as otherwise provided herein, purchases of supplies,
equipment and services (other than professional) of an estimated value greater than twenty
thousand dollars ($20,000) shall be awarded to the lowest responsible bidder, or the highest
scoring bidder of the multiple criteria award process, pursuant to the formal bid procedures
described in Sections 3.12.200 and 3.12.205 hereinafter prescribed. Formal bids as used in this
context includes any solicitation following the procedures prescribed below including, but not
limited to, invitations to bid and requests for proposal.
Section 2. That the Municipal Code is hereby amended at Section 3.12.200, relating to award of formal
bids, to read as follows:
3.12.200 Award of Formal Bid Contracts. Except as otherwise provided herein, formal bid contracts
exceeding fifty thousand dollars ($50,000) shall be awarded by the City Council to the lowest
responsible bidder or the highest scoring bidder of the multiple criteria award process subject to
the application of Section 3.12.205. Formal bid contracts of fifty thousand ($50,000) or less may
be awarded by the Purchasing Officer (or designee) subject to the application of Section
3.12.205. The determination of "lowest responsible bidder" shall be at the discretion of the City
Council pursuant to findings. and recommendations presented by the Purchasing Officer (or
designee) at the time of award of contracts over fifty thousand dollars ($50,000.00).
Section 3. That the Municipal Code is hereby amended to introduce Section 3.12.205, relating to support
of local businesses, to read as follows:
3.12.205 Support of Santa Clarita Businesses.
A. Should the bidder that submits the lowest responsive bid or quote and would otherwise normally
qualify to receive the bid pursuant to Sections 3.12.120, 3.12.200 and 3.12:230 of the City of
Santa Clarita Municipal Code not be a Santa Clarita business as defined herein, the lowest bid or
quote submitted by a Santa Clarita business that is within five percent (5%) of the lowest bid or
quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest
Purchasing Policy July 2010 Appendix G Page 2
bidder if the bidder agrees to reduce its bid to match the bid or quote of the lowest bidder in
writing within one business day, and providing that the Purchasing Officer, or designee,
determines that said Santa Clarita bidder is a responsible bidder submitting a bid or quote that is
responsive to the City's specifications, terms and conditions and the application of this Section is
appropriate.
B. If the lowest Santa Clarita bidder within five percent (5%) of the lowest bid or quote does not elect to
reduce its bid or quote to match the bid or quote of the lowest bidder, then the next lowest Santa
Clarita bidder shall be given the opportunity to.match the bid or quote of the lowest bidder as set
forth above, providing that this bidder is also within 5% of the lowest bid or quote that has been
deemed responsive.
C. To qualify as a Santa Clarita bidder, the bidder must have a physical presence within the Santa Clarita
city-iimits by maintaining a permanent office, factory or other facility carried on the business'
records with at least one employee of the company operating out of said facility. The Purchasing
Officer, or designee, is hereby granted the authority to finally determine if the bidder qualifies as a
Santa Clarita bidder as set forth herein. The Purchasing Officer, or designee, may take into
account the permanency of the business in Santa Clarita, and whether the business appears to
be claiming to be a Santa Clarita business solely or primarily to qualify for the contract award, and
any other material factors.
D. This support of local business policy shall only apply to supplies, material and equipment required for
the conduct of City business, except where prohibited by State or Federal law; and it shall only
apply to purchases and contracts greater than two thousand dollars ($2,000).
E. No contract'awarded'to,a'Santa Clarita business under this'Section shall,be,assigned or
subcontracted in any manner that permits more than fifty percent (50%) or more of the dollar
value of the contract to be performed by an entity that is not a Santa Clarita business as defined
herein.
F. Solicitations for bids or quotes must include notice of this Section.
Section 4. That the Municipal Code is hereby amended at Section 3.12.210, relating to tie formal bids, to
read as follows:
3.12.210 Tie Formal Bids. If two (2) or more formal bids received are for the same total amount or unit
price, quality and service being equal, and if the public interest will not permit the delay of readvertising
for bids, the City Council, or Purchasing Officer (or designee) for bids of $50,000 or less, may in its
discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie
bidders at the time of the bid opening or award of contract.
Section 5. That the Municipal Code is hereby amended at Section 3.12.230, relating to the open market
or informal bid procedure, to read as follows:
3.12.230 Open Market or Informal Bid Procedure. Purchases of supplies, equipment and services (other
than professional) of an estimated value in the amount of twenty thousand dollars ($20,000) or
less may be made by the Purchasing Agent in the open market pursuant to the procedure
prescribed in Sections 3.12.240 through 3.12.260 and without observing the procedure
prescribed in Sections 3.12.120 through 3.12.215; provided, however, all bidding may be
dispensed with for purchases of supplies and equipment having a total estimated value of less
than two thousand dollars ($2,000). Quotes as used in this context include any solicitation
following the procedures described below including, but not limited to, requests for quote to bid
and requests for proposal (of twenty thousand dollars ($20,000) or less).
Section 6. That the Municipal Code is hereby amended at Section 3.12.240, relating to the minimum
number of quotes, to read as follows:
3.12.240 Minimum Number of Quotes. Open market purchases shall, wherever possible, be based on at
least three (3) quotes, and shall be awarded to the quoter offering the most advantageous quote
to the City after consideration of price, quality, durability, servicing, delivery time, standardization,
and other factors subject to the application of Section 3.12.205.
Section 7. That the Municipal Code is hereby amended at Section 3.12.260, relating to record of quotes,
Purchasing Policy July 2010 Appendix G Page 3
C
,.9.. ...' i'.'t. I
to read as follows:
3.12.260 Record of Quotes. The Purchasing Agent shall keep a.written 'record of all purchases of two
thousand dollars ($2,000) or more, whether accomplished by formal bid (Sections 3.12.120
through 3.12.215), quote (Sections 3.12.230 and 3.12.270), or through no bid at all (Sections
3.12.230 and 3.12.270). All records so kept shall be available for public inspection and.shall be
subject to destruction in accordance with the City's retention schedule.
Section 8. That the Municipal Code is hereby amended at Section 3.12.270, relating to exceptions to
competitive bidding requirement, to read as follows:
3.12.270 Exceptions to Competitive Bidding Requirement. T Notwithstanding, any provision of this
chapter to the contrary, the competitive bidding procedures and requirements may be dispensed with in
any of the following instances: '
A. When the estimated amount involved is less than two thousand dollars ($2,000);
B. When the commodity can be obtained from only one vendor;
C. The City Manager and/or *his/her designee may authorize the purchase of materials, supplies,
equipment and services where an emergency is deemed to exist and it is determined that service
-involving the public health, safety or welfare would be interrupted if the normal procedure were followed.,
All emergency purchases, which would otherwise require formal bidding procedures, made pursuant to
this Section shall be submitted to the City Council for ratification at the next regular Council meeting after
the purchase'is°authorized;
D. Any request to waive competition for procurement not covered by the exceptions herein must
be approved by.the City Council;
E. Any agreement involving acquisition of supplies, equipment or service entered into with another
governmental entity;
F. In the event the City Council finds that it is in the public interest and necessity to purchase
supplies, equipment or services without compliance with the formal contract procedures set forth in this
section, the City Council may waive such. procedures by declaring so in a motion or resolution.
Section 9. This ordinance shall be in full forceandeffect thirty (30) day's from its passage and adoption.
Section 10. That the City Clerk shall certify to the passage of this Ordinance and shall cause it to be
published as required by law. O
Purchasing Policy July 2010 Appendix G Page 4
7
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the f=S�;; n.K Or:UrorrS4 No. C4 --i vel'S.-mr-A-d-v jar-&-,21arij ?Lazed upCI) 6% .r'�t -,acing ar.-.
Iquiar nen;,,rj the City Council im clto 25"'e -z -y ar klw", 20&1. Omlftze, said
Qffin;!rwe w4 cb;�Y Passed EAd adLF,Lud;:. ZL Erplu maing kif the Cie ,• Coulici I em the Ht d2v n'
jL11C, 41X:4: *-.v He follcmeing to W- L:
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Purchasing Policy July 2010 Appendix Page
N
J
C;
ORDINANCE NO. 09-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA CLARITA AMENDING CHAPTERS 12 AND
14 OF TITLE 3 OF THE MUNICIPAL CODE RELATING
TO PURCHASING CODES
This Ordinance is not reproduced here because of its length and the fact the pertinent change consisted
solely of increasing the Shop Santa Clarita percentage from 5 to 10%.
Purchasing Policy July 2010 - • Appendix G Page 6
APPENDIX H
RESOLUTION NO. 05-103
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA,. CALIFORNIA,
FOR THE ADOPTION OF A PROGRAM REGARDING
ENVIRONMENTALLY PREFERABLE PURCHASING
. WHEREAS, it is the policy of the City of Santa Clarita to use products and
services that have reduced impacts on human health and the environment; and
WHEREAS, the Environmentally Preferable Purchasing program will have a
beneficial affect on the citizens of the City; and
WHEREAS, the combined governments of the United States spending exceeds
more. than.a_trillion dollars worth-of;goods and services, each year; and
WHEREAS, the City's leadership role in helping protect the environment with a
EPP program will serve as a model for local businesses and private industry; and
WHEREAS, the Environmentally Preferable Purchasing program will build onto
the previously approved recycled product procurement resolution(93-09) to enhance
working to conserve the nature resources entering the waste stream.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby
resolve as follows: .
SECTION 1. The City Council hereby adopt the following policy:
SUSTAINABLE SANTA CLARITA
ENVIRONMENTALLY PREFERABLE PURCHASING PROGRAM
SECTION 1.0 - STATEMENT OF POLICY
It is the policy of City of Santa Clarita to:
13 purchase products that minimize environmental impacts, toxics, pollution, and
hazards to worker and community safety to the greatest extent practicable,
a 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,
o 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,
Purchasing Policy July 2010 Appendix H Pagel
1
C
0 adopt Environmentally Preferable Purchasing (EPP) processes in support of the
City's Sustainability Plan, and
o encourage vendors, contractors and grantees to implement this program for all
products and services provided to City of Santa Clarita.
SECTION 2.0 - PURPOSE
This Program is adopted in order to:
o conserve natural resources,
0 minimize environmental impacts such as pollution and use of water and energy,
o eliminate or reduce toxics that create hazards to workers and our community,
0 support strong,recycling •markets,
o reduce materials that are landfilled,
0 identify environmentally preferable products and distribution systems,
o increase the use and availability of environmentally preferable products that
protect the environment,
0 reward manufacturers and vendors that reduce environmental impacts in their
production and distribution systems,
0 create a model for successfully purchasing environmentally preferable products
that encourages other purchasers in our community to adopt similar goals.
SECTION 3.0 - SPECIFICATIONS
3.1 Source Reduction ,
3.1.1 City. of Santa Clarita shall institute practices that reduce waste and result in
the purchase of fewer products whenever practicable and cost-effective, but
without reducing safety or workplace quality, including but not limited to:.
o electronic communication instead of printed media,
o double -sided photocopying and printing;
0 washable and reusable dishes and utensils,
o rechargeable batteries,
0 streamlining and computerizing forms,
Purchasing Policy July 2010 . Appendix,H Page 2
o electronic.and "online" publishing via CD, Internet and intranet,
o "on -demand" printing of documents and reports as they are needed and
where electroiiic publishing would be unsatisfactory,
o leasing long -life products when service agreements support maintenance
and repair rather than new purchases, such as carpets,
o sharing equipment and occasional use items such as chippers,
o choosing durable products rather than disposable,
o reducing product weight or thickness when effectiveness is not
jeopardized in products such as, but not limited to, paper and plastic liner
bags,
o buying in bulk, when storage and operations exist to support it and
balanced with the costs of inventory management,
o reusing products such as, but not limited to, file folders, storage boxes,
office.supplies, and furnishings.
3.1.2 City of Santa Clarita shall purchase remanufactured products such as laser
toner cartridges, tires, furniture, equipment and automotive parts and fluids
whenever practicable, but without reducing safety, quality or effectiveness.
3.1.3 City of Santa Clarita shall require all equipment bought after the adoption of
this program -to be compatible with source reduction goals and practices when
practicable, including but not limited to:
o copiers and printers capable of duplexing,
o battery-operated equipment capable of being recharged or using
rechargeable batteries,
o dishwashing equipment, when washable and reusable dishes and utensils
are practicable,
o bulk storage and operation.
3.1.4 All buyers shall evaluate short-term and long-term costs in comparing
product alternatives, when feasible. This includes consideration of total costs
expected during the time a product is owned, including, but not limited to,
acquisition, extended warranties, operation, supplies, maintenance, disposal costs
and expected lifetime compared to other alternatives. Examples of products for
which such cost comparisons can indicate significant differences between short -
Purchasing Policy July 2010 Appendix H Page 3
and long-term costs include, b6t'are not limited to, janitorial towels and tissues,
parking stops, park benches, and tables, office equipment, software and vehicles.
3.1.5 Products that are durable, long lasting, reusable or refillable are preferred
whenever feasible.
3.2 Recycled Content Products
3:2..1 City staff shall strive to incorporate the requirements the U.S. EPA has .
established for various materials,. such as those for construction, landscaping,
parks and, recreation, transportation, vehicles, miscellaneous, and non -paper office
products. The .programs are known as the Comprehensive Procurement
Guidelines (CPG) and Recovered Materials Advisory Notice (R'MAN). These
programs are updated, periodically to identify categories of material for which.
there are recycled content alternatives and the recommended recycled contents.
3.2.2 Janitorial paper products shall contain the highest postconsumer content
practicable,'but no less than. the minimum recycled content standards established
by=the :U S EPA, Guidelines.,
3.2.3 Printing paper, office paper, and paper products shall contain the highest
postconsumer content practicable, but no less than the minimum recycled content
standards established by the United States Environmental Protection Agency
(U.S. EPA) Guidelines (see Definitions).
3.2.4 Copiers and printers bought shall be compatible with the use of recycled
content products. When necessary, suppliers shall train equipment maintenance
personnel in the appropriate use -of recycled products' Wil their equipment.
3.2.5 In accordance with California Public Contract Code, Sec. 10409, City of
Santa Clarita,shall purchase recycled lubricating and industrial oil for use in its
vehicles and other equipment, as long as it is certified by the American Petroleum
Institute (API) as appropriate for use in such equipment (see http://api-
eep.api.org/quality/iRdex.cfm for information about API's Engine Oil Licensing
and Certification System).
3.2.6 When specifying asphalt concrete, aggregate base or portland cement
concrete for road construction projects, City of Santa Clarita shall use recycled,
reusable or reground materials when practicable, including; but not limited to, in-
place recycling of asphalt concrete, aggregate base and portland cement concrete;
rubberized asphalt concrete; recycled aggregate base; recycled fly ash content
concrete or recycled asphalt concrete.
3.2.7 City of Santa Clarita shall specify and purchase recycled -content
transportation products, including signs, cones, parking stops, delineators, and
barricades, including recycled products approved by the California Department of
Transportation (Caltrans).
3.2.8. City of Santa Clarita shall specify and purchase carpet with 100% total
recycled PVC .backing, solution dyed nylon face fiber and permanent or durable
anti -microbial treatment.. In addition, the City should aim for producer '
responsibility for accepting old carpet for recycling to ensure future needs for
carpet replacement will include the recycling of old carpet.
Purchasing Policy July 2010 Appendix H Page 4
3.3 Forest Conservation
3.3.1 To the greatest extent practicable, City of Santa Clarita shall not procure
wood products such as lumber and paper that originate from forests harvested in
an environmentally unsustainable manner. When possible, City of Santa Clarita
shall give preference to wood products that are certified to be sustainably
harvested by a comprehensive, performance-based certification system, such as
the, Forest Stewardship Council. Further guidance may be found in the City of
Santa Clarita's Hardwood resolution.
3.4 Toxics and Pollution
3.4.1 When replacing vehicles; regular diesel shall be phased out and replaced
with less polluting alternatives such as low sulfur or bio -diesel, gasoline,
compressed natural gas, biobased fuels, hybrids, hydrogen fuel cells and electric
batteries.
3.4.2. To the extent practicable, no cleaning or disinfecting products (i.e. for
janitor=ial,or, automotive, use) . shall - contain .ingredients:.that are eye or. skin irritants,
neurotoxins, carcinogens, mutagens, or teratogens. These include chemicals listed
by the U.S. EPA or the National Institute for. Occupational Safety and Health on
the Toxics Release Inventory and those listed under Proposition 65 by the
California Office of Environmental Health Hazard Assessment. If products must
be used that contain these toxic materials, ensure that only the minimum amounts
are used, and the product is disposed of properly (see Definitions). To the extent
practicable, cleaning or disinfecting products should include biodegradability, be
in concentrated form, be non -aerosol and have a recyclable container made of
plastic numbers 1 or 2.
3.4.3 The use of chlorofluorocarbon -containing refrigerants, solvents and other
products shall be phased out and new purchases shall not contain them.
3.4.4 All surfactants and detergents shall be readily biodegradable and, where
practicable, shall not contain phosphates.
.3.4.5 All interior.paint shall contain the lowest concentrations practicable of
volatile organic compounds (VOCs), but as a minimum shall not exceed 50 grams
VOC per liter (50g/1) for flat paint and 150 grams per liter (150g/1) for non -flat
paints, as determined in accordance with U.S. EPA Test Method 24, CFR Title
40, Part 60, Appendix A. For exterior paints, preference shall be given to paints
containing at least 50 percent recycled content (post-industrial and postconsumer)
and/or VOC concentrations less than 150g/1 (U.S. EPA Test Method 24). All
adhesives shall meet South Coast Air Quality Management District Rule 1168.
3.4.6 City of Santa Clarita shall reduce or eliminate its use of products that
contribute to the formation of dioxins and furans. This includes, but is not limited
to:
o 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
Purchasing Policy July 2010 Appendix H Page 5
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.
a Prohibiting purchase of products that use polyvinyl chloride (PVC) such
as, but 'not to, binders, flooring, and medical supplies whenever
practicable.
3.4.7 City of Santa: Clarita. shall purchase products and. equipment with no lead or
mercury Whenever. possible,. including automotive vehicles; .equipment and
lighting: For products thatcontain lead,or mercury, -City -of Santa Clarita shall
give preference to .those products with lower quantities of these metals and to
vendors with established ,lead and mercury recovery programs.
3.4.8 To facilitate the.reprocessing.of paper waste the City shall call for the use
of soy/vegetable based inks for all printing. Graphics will continually monitor
indtistry'trends}towards rnor.&'&j! i" ronineritally'frier dly'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 acid T12
fluorescent lamps should be replaced with compact fluorescent lamps, high-
intensity discharge (HID) fixtures and low -mercury T8 or T5 fluorescent lamps.
The magnetic ballasts used- in older fluorescent lighting should be replaced with
electronic ballasts. New lighting should be designed to use no more than 85% of
the power allowed by Title 24 Energy Code. Purchasers shall require vendors to
recycle discarded lighting fixtures and lamps appropriately, with an emphasis on
lowering mercury levels in energy efficient lighting. Staff will continue to
investigate technologies that reduce the energy requirements of existing lighting
such as sensors, timers and frequency regulators.
3.5.3 All appliances purchased by City of Santa Clarita and for which the U. -S.
EPA Energy Star certification is available shall meet Energy Star certification.
Typically, this would include motors/pumps, exhaust fans, water heaters,
computers, exit signs, water coolers and appliances such as refrigerators,
dishwashers and microwave ovens.
3.5.4 When Energy Star labels are not available, choose energy efficient products
that are in the upper 25.% of energy efficiency as designated by the Federal
Energy*Manageinent Program.
Purchasing Policy July 2010 Appendix H` Page 6
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,Cityof Santa Clarita shall.purchase high efficiency space cooling equipment
witl'�.: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
66- issionirig'is'sues within one year of Iprojectcompletion, and'providebuilding
operations/maintenance staff training and a building systems manual.
3.6.2 All building and renovations undertaken by City of Santa Clarita shall
follow Green Building practices for design, construction, and operation, as
specified in the appropriate US Green Building Council Leadership in Energy and
Environmental Designs (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 LEEDd 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 LEEDa 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 LEEDS for commercial buildings and the
in consultation with appropriate City departments.
3.7 Waste Minimization
3.7.1 City of Santa Clarita requires vendors to eliminate packaging or use the
minimum amount necessary for product protection, to the greatest extent
practicable.
3.7.2 Packaging that is reusable, recyclable or compostable is preferred, when
suitable uses and programs exist.
3.7.3 Vendors shall be encouraged to take back and reuse pallets and packaging
materials.
L
Purchasing Policy July 2010 Appendix H Page 7
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
orenvironmentally 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 managementpractices whenever ,�_
possible, including:
o The use of Integrated Pest Management (IPM), including minimal
pesticide use is encouraged.
o Grasscycling (leaving -the clippings on the lawn) or mulching mowers is
required for at least 50% of all mowings.
o Pruning„shall be done on.an as;needI._'7:____d basis. Thinning,is.,the preferred
. .
method of pruning. Minimal heading or shearing is encouraged.
0 Fertilizing should be done on an as needed basis, as indicated by a soil
analysis. Slow release and/or organic fertilizers are preferred.
to Irrigation scheduling based on weather (evapo'transpiration rates) is
required _whenever possible. Drip irrigation is preferred whenever
practical.
a 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.
a Recycling of plant debris by composting and/or maintaining a minimum 2 -
inch layer of mulch under -all trees, shrubs and groundcovers and a
minimum 3 -inch layer in all open areas is strongly encouraged. Allowing
leaf drop to become part of the mulch layer in tree, shrub and groundcover
areas is preferred.
3.8.2 Plants should be selected to minimize waste by choosing species that are
appropriate to the microclimate, species that can grow to their natural size in the
space allotted them and perennials rather than annuals for color. Native and
drought -tolerant plants that require no or minimal watering once established are '
preferred.
3.8.3 To the greatest extent practicable, City of Santa Clarita shall not procure
mulch products that originate from forest products. When possible, City of Santa
Clarita shall give preference to mulch products that are produced on-site or from
regionally generated plant debris.
3.8.4 To the greatest extent practicable, City of Santa Clarita shall procure
compost that is produced from feedstock that includes at least 50%, by volume,
Purchasing Policy July 2010 Appendix H Page 8
regionally generated plant debris and/or food waste and less than 0.5% by
volume, physical contaminants. The compost shall be processed in accordance
with California Code of Regulations, Title 14, Chapter 3, Article 7, Sections
17868.2-3 to promote pathogen reduction and weed seed kill and minimize heavy
metal concentrations.
3.8.5 Hardscapes and landscape structures constructed of recycled content
materials. are encouraged. Concrete substitutes are encouraged for walkways, such,
as rosin emulsion paving.
3.9 Agrict ltural:Bio-Based Products
3.9.1 Vehicle fuels made from non -wood, plant -based contents such as vegetable
oils are encouraged whenever practicable.
3.9.2 Paper, paper, products and construction products made from non -wood,
plant -based contents such as agricultural crops and residues are encouraged
whenever practicable.
3:9'Electroriics ` " , . .
3.9.1 As technology advances have brought about an exponential increase in the
manufacture of electronic items, the impact of obsolescence caused waste has
been significant. Changing technology has brought the life expectancy of some
items down to as little as two years. Additionally, current electronics manufacture
is resource intensive and involves some toxic materials such as heavy metals. A
maximum preference of 5% of price or 5% of the total points possible may be
awarded for vendor products meeting any of the criteria specified in 3.9.2 through
3.9.4.
3.9.2 Electronic equipment procurement policies shall seek to preserve resources
by reducing the purchase frequency and pursuing upgrade opportunities to the
extent feasible. Items containing more than 20% recycled material by content
may qualify for a preference.
3.9.3 Acquisitions for electronic equipment should include "take back"
provisions. Vendors shall be required to accept replaced equipment for recycling
and proper disposal. Where possible, acquisitions shall require vendor to accept
equipment back for recycling and proper disposal when it has reached the end of
its useful life or is no longer working.
3.9.4 Specifications for electronic equipment shall give preference to equipment
manufactured with less toxic components or processes.
3.9.5 Upon installation, electronic equipment will have all energy management
features activated as the default setting.
SECTION 4.0 - DEFINITIONS
4.1 "Agricultural Bio -Based Products" means commercial or industrial products
(other than food or feed) that utilize agricultural crops or residues but does not
include products made from forestry materials.
Purchasing Policy July 2010 Appendix H Page 9
4.2 "Buyer" means anyone authorized to purchase on behalf of this jurisdiction or.
its subdivisions. .
4.3 "Chlorine free" means products processed without chlorine or chlorine':
derivatives."
4.4 "Contractor" means any person, group of persons, business, consultant,
designing.architeci, association, partnership, corporation, supplier, vendor or
other entity that has a contract .with City of Santa Clarita or serves in a,
subcontracting capacity with an entity having a contract with City of Santa Clarita
for the provision of .goods or services.
4.5 "Dioxins and furans" are a group of chemical compounds that are classified as
persistent, bioaccumulative, and toxic by the Environmental Protection Agency.
4.6 "Elemental Chlorine Free" (ECF) bleaching..processes replace elemental
chlorine. gas with.a chlorine derivative as the bleaching agent. There is a wide
range of different bleaching sequences covered,under this term. While all ECF
processes significantl, ..,reduce the -amount ofudioxins..created,in the:bleaching.
process, those that include enhanced processes such as extended and oxygen
delignification achieve the greatest reduction.
4.7 "Energy Star" means the U.S. EPA's energy efficiency product labeling
program described at http://www.energystar.gov. "
4.8 "Energy Efficient Product" means a product that is in the upper 25% of energy
efficiency for all similar products, or that is at least 10% more efficient than the
minimum -level that meets Federal standards.
4.9 The "Forest Stewardship Council" is a global organization that certifies
responsible, on -the -ground forest management according to rigorous standards
developed by a broad variety of stakeholder groups (http://fscus.or /hg tml/).
4.10 "LEEDa Rating System" means the self -assessing system; Leadership in
Energy and Environmental Design, developed by the U.S. Green Building
Council designed for rating new and existing commercial, institutional, and high-'
rise residential buildings. Credits are earned for satisfying defined criteria and
standards. Different levels of green building certification are awarded based on.
the total credits earned. The LEEDa Green Building Rating System is described at
http://www.us bg corg.
4.11 "Postconsumer Material" means a finished material which would'normally
be disposed of as a solid waste, having reached its intended end-use and
completed its life cycle as a consumer item, and does not include manufacturing
or converting wastes.
4.12 "Practical" and "Practicable" mean whenever possible and compatible with
state and federal law, without reducing safety, quality, or effectiveness. -
4.13 'Treconsumer Material" means material or by-products generated after
manufacture of a product is completed but before the product reaches the end-use
consumer. Preconsumer material does not include mill.and manufacturing,trim, ..:..
Purchasing Policy July 2010 Appendix H Page 10
scrap, or broke which is generated at a manufacturing site and commonly reused
on-site in thesame or. anothermanufacturing process.
4.14 "Processed Chlorine Free (PCF)" refers to a recycled product in which the
recycled content is produced using no chlorine or chlorine derivatives. Any virgin
content in the product must also be produced in a chlorine free system.
4:15 "Proposition 65" means a list of chemicals that are known to the State of
California to cause cancer, birth defects or other reproductive harm. The list is
maintained .by the California .Office of Environmental Health Hazard Assessment
(htti)://www.oehha.ca.gov/prop65.html).
4.16 "Recovered Material" means fragments of products or finished products of a
manufacturing process, which has converted.a resource into a commodity of real
economic value, and includes preconsumer and postconsumer material but does
not include excess resources of the manufacturing process.
4.17 'Recycled Content" means the percentage of recovered material, including
preconsumer:and.postconsumer;materials, :;in,a:..product.,.
4.18 "Recycled Content Standard" means the minimum level of recovered
material and/or postconsumer material necessary for products to qualify as
"recycled-products."
4.19 "Recycled Product" means a product that meets City of Santa Clarita's
recycled content.policy objectives for postconsumer and recovered material.
4.20 '`Remanufactured Product" means any product diverted from the supply of
discarded materials by refurbishing and marketing said product without
substantial change to its original form.
4.21 "Reused Product" means any product designed to be used many times for the
same or other purposes without additional processing except for specific
requirements such as cleaning, painting or minor repairs.
4.22 "Source Reduction" refers to products that result in a net reduction in the
generation of waste compared to their previous or alternate version and includes
durable, reusable and remanufactured products; products with no, or reduced,
toxic constituents; and products marketed with no, or reduced, packaging.
4.23 "Title 24" means the State of California's energy efficiency standards for
residential and nonresidential buildings (Title 24, Part 6) maintained by the
California Energy Commission and described at http_//www.energy.ca.gov/title24.
4.24 The "Toxics Release Inventory" (TRI) is a publicly available U. S. EPA
database that contains information on toxic chemical releases and other waste
management activities reported annually by certain covered industry groups as
well as federal facilities. It includes chemicals that are classified as carcinogens
under the requirements of the Occupation Safety and Health Administration
(OSHA) Lists can be obtained from http://www.epa.gov/tri/chemical/index.htm.
4.25 "U.S. EPA Guidelines" means the Comprehensive Procurement Guidelines
established by the U.S. Environmental Protection Agency for federal agency
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purchases as of May 2002 and described at http://www.epa.gov/epaoswer/non-
hw/procure/products.htm,.or. as updated.
4.26 "Water -Saving Products" are those that are in the upper 25% of water
conservation for all similar -products, or at least 10% more water -conserving than
the minimum level that:meets the Federal standards.
SECTION 5.0 - PRIORI -TIES "
5.1 The health: and:safety of workers and citizens is of utmost importance and
takes precedence over 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
suecess furrecycling systemand.recogmzes`that-,recycled content products are
essential to the continuing viability of that recycling system and for the
foundation of an environmentally sound production system. Therefore, to the
greatest extent practicable, recycled content shall be included in products that also
meet other specifications - such as chlorine free or bio -based.
5.3 Nothing contained in this program shall be construed as requiring a
department or contractor to procure products that do not perform adequately for
their intended use, exclude adequate competition, or are not available at a
reasonable price in a reasonable period of time.
5.4 Nothing contained in this program shall be construed as requiring the City of
Santa Clarita, department or contractor to take any action that conflicts with state
or federal requirements.
SECTION 6.0 - IMPLEMENTATION
6.1 Environmental Services shall help departments implement this program
through development of an advisory committee consisting of members
representing Environmental Services, Purchasing, Information Technology, and
each department. The team's responsibilities shall include, but are not limited to:
o evaluating opportunities for substituting environmentally preferable
products,
o designing and implementing programs and processes for increasing the
purchase of environmentally preferable products,
o educating managers and, staff about City of Santa Clarita's.
Environmentally Preferable Purchasing Program,.
o ensuring that purchasing documents, specifications, and contracting
procedures do not contradict each other and do not deter or inhibit the
Purchasing Policy July 2010 Appendix H Page 12
purchase of environmentally preferable products,
to providing information to facilitate the evaluation and purchase of
environmentally preferable products, including identifying appropriate
products and sources and providing technical assistance,
a evaluating obstacles to purchasing such products in order to create
solutions, and. `
o tracking and recording progress in achieving successful results.
6.2 In compliance with State law, vendors shall be required to specify the
minimum or actual, percentage of recovered and postconsumer material in their
products, even when such percentages are zero.
6.3 Vendors and successful bidders shall verify and report any environmentally
preferable purcha"sing'att'ributes'irf Writing Thin` requirement`for certification
applies to products for which the vendor or successfulbidder claims such
attributes as apply to the product, including, but not limited to, recycled content,
chlorine free, non-toxic, reduced toxicity, sustainable forestry, and energy-saving
features.
6.4 Buyers making the selection shall provide a written explanation for not
selecting product choices that meet the environmentally preferable purchasing
criteria.in this policy. Such written explanations shall be filed with the -Purchasing
Agent within 15 days of making the product choice (see Attachment for sample
procurement determination form).
6.5 All contracts and grants providing services or products to the City of Santa
Clarita shall adhere to the guidelines stated in this program to the extent possible.
SECTION 7.0 - PROGRAM EVALUATION AND MEASUREMENT
7.1 Environmental Services shall institute a system for tracking the purchases of
environmentally preferable products. Whenever practicable, vendors will be
required to provide reports on their sales of environmentally preferable products
to assist City of Santa Clarita in this tracking.
7.2 Each Department will report EPP procurements to the Environmental Services
Manager each quarter. The reports will identify the type of commodity
purchased, the dollar value and the qualifying attributes of the commodity.
7.3 The Environmental Services Manager shall provide a narrative report annually
to the City Council on the success of this policy's implementation. To the extent
practicable, such report shall include information on the annual volume and dollar
amount of environmentally preferable products purchased compared to the total
amount of products purchased, within general product categories. When possible,
reports shall include a narrative evaluation of the performance, safety, and
environmental benefits achieved through use of the environmentally preferable
Purchasing Policy July 2010 Appendix H Page 13
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5
products purchased. Reports should relate progress in meeting the objectives of
this:P.olicv,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-anybarriers encountered in procurement of
environmentally preferable products °recommendations'for resolution, and/or
description of assistance needed for overcoming the obstacles.
SECTION, 8.0 - EFFECTIV'E DATES'
8.1 This policy shall take effect on August 23, 2005.
8.2 The first annual report shall be. issued within one year following the effective
date of this .policy.
SECTION 2. TNe City Clerk shall certify to'the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 23 day of August, 2005.
ATTEST:
CITY CLERK
Purchasing Policy July 2010
MAYOR
Appendix H Page 14
STATE OF`CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City of Santa'Clarita at a regular
meeting thereof, held on the day of , 2005, by the'following vote of the City
Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
1
11
Purchasing Policy July 2010 Appendix H Page 15
1
STATE OF CALIFORNIA )
COUNTY OF LOS.ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
'CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City -Clerk of the,City-of Santa Clarita, do hereby certify that this is
a true and correct copy" of the original :Resolution No. 05-103, adopted by the City
Council of the City. of Santa� Clarita, California on August 23, 2005, which is now on file
m my office.
Witness my hand and seal of the City of 'Santa Clarita, California, this day of
, 2005.
Sharon.L. Dawson, CMC
City Clerk
By
Susan Coffman
Deputy City Clerk
Purchasing Policy July 2010 Appendix H Page 16
ATTACHMENT
Sample Procurement Determination Form
Item: ------—__- ---- - — -- -- This item is required to meet Environmentally Preferable Purchasinc guidelines as
described in 'Resolution XX -XX.
have considered tree Environmentally Preferable Purchasing guidelines and
searched for 'Product or service optionsthat meet them.
_ Compliance with Resolution XX -XX was not attainable for this purchase because:
Iterri 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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Purchasing Pdicy Juiv 2010 Appendix H Page 17