HomeMy WebLinkAbout2014-02-11 - AGENDA REPORTS - PURCHASING POLICY UPDATE (2)Agenda Item: 4
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval:
Item to be presented by: Joseph Oerum
DATE: February 11, 2014
SUBJECT: PURCHASING POLICY UPDATE
DEPARTMENT: City Manager's Office
RECOMMENDED ACTION
Approve updates to the City of Santa Clarita's current Purchasing Policy in an effort to
streamline the process and provide greater opportunities for the City to "Shop Local."
BACKGROUND
In an ongoing effort to streamline processes and to provide greater opportunities for the City to
"Shop Local," staff has reviewed the Purchasing Policy of the Municipal Code and are
recommending changes to that Code. These changes are primarily in three different categories, 1)
Administrative clean-up of language, 2) updates to remain consistent with State of California
policies, and 3) updates to streamline the purchasing process and encourage more local spending,
while continuing to obtain the best price for goods and services. The current Purchasing Policy
was adopted by the City Council on April 24, 2012. None of the recommended changes will
affect the dollar thresholds that are required to be approved by City Council, that threshold will
remain $50,000 for standard purchases, and $175,000 for Public Works projects, as required by
the State.
Administrative Clean -Up Updates
With organizational changes that have moved the Purchasing Office into the City Manager's
Office, there is a need to update the language to reflect the current organizational structure. Other
administrative changes to the Purchasing Policy include simplified protest procedures and minor
clarifications to the Solicitation Process Administration section which include sales and use
taxes, bid corrections and non-responsive bids. These changes provide specifics to remove any
potential ambiguity of previous language.
A P P R00 V F 0
State of California Code Updates
The State Public Contract Code mandates changes for Public Works projects and the City is
required to follow suit. In accordance with recently updated State Public Contract Code Section
22032, the quote threshold for Public Projects has been amended and has been raised to amounts
between $3,000 for Purchase Orders and $45,000 for quotes, per State mandates. Public
Projects over $45,000 are subject to the informal bid process, and Public Projects over $175,000
remain formally bid. Formal bids have additional publishing requirements including use of local
papers, plan rooms (clearing houses for Public Projects) and the number of times advertised.
These updates conform to the new State code.
Streamlining Process and Increasing Shopping Local
The proposed updates to the Purchasing Policy will provide more opportunities for the City to
shop locally for both goods and services by allowing staff to receive quotes from local vendors
for purchases up to $40,000 as opposed to the current formal Bid process which can be more
complicated, takes longer, involves more staff time, and too often results in purchases being
awarded to non -local businesses. The Purchasing Policy continues to provide the structure to
insure that the City is a good steward of public monies and obtains the most competitive prices.
Specific threshold changes include an increase in the Purchase Order requirement from $2,000 to
$3,000, with the Quote threshold raised from $20,000 to $40,000. Examples of items the City
routinely purchases that fall in the range between $20,000 and $40,000 include shirts/jerseys for
youth sports programs and cars/trucks for the City vehicle fleet. The documentation
requirements will not change.
Staff reviewed purchasing policies at the ten benchmark cities. At this time, the City's current
thresholds are significantly below the thresholds of those Cities. Most benchmark Cities use a
Purchase Order requirement for purchases up to $5,000 and a Quote requirement for purchases
between $5,001, and up to $50,000, while the threshold for formal Bids fall anywhere between
$30,000 to $125,000. These suggested updates will bring Santa Clarita limits into the low end of
the range of the ten benchmark Cities.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
None by this action.
ATTACHMENTS
Purchasing Policy (red line version 8) available in the City Clerk's Reading File
Jt ya♦ fq f, j9City of Santa Clarita
Purchasing POLICY
TABLE OF CONTENTS
SECTION
DESCRIPTION
PAGE
INTRODUCTION
1
SECTION 1.0
GENERAL PROVISIONS
2
SECTION 2.0
SOLICITATION PROCESSES
4
SECTION 3.0
SUPPLIES/SERVICES/EQUIPMENT
4415
SECTION 4.0
PROFESSIONAL SERVICES
4-718
SECTION 5.0
PUBLIC PROJECTS
4920
SECTION 6.0
PURCHASE ORDER CHANGES
2223
SECTION 7.0
SUPPLIER RELATIONS
2425
SECTION 8.0
POLICY EXCEPTIONS
2728
SECTION 9.0
GRATUITIES
2930
SECTION 10.0
SURPLUS/TRANSFER OF PROPERTY
3931
SECTION 11.0
PURCHASING WITH SPECIAL FUNDS
3432
SECTION 12.0
SUSTAINABLE PURCHASING
3233
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.
Purchasing Policy I %NOVRFRh§ f January 20123 Change 78 Page 2
SECTION 1.0
GENERAL PROVISIONS
SCOPE
All provisions listed here apply to all purchases in general. As used in this
policy, unless the purchase order or contract specifically indicates
otherwise:
9-.A. "Purchasing Agent" shall mean the person responsible for the day
to day operations of the City's procurement program.
f,
CB. Any purchase order or contract contrary to the provisions of this
policy shall be null and void.
II. PROCUREMENT AUTHORITY
A. All purchases of $23,000 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 $23,000;
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 duaeDlevewl;er January 20123 Change 78 Page 3
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 $23,000 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 $175,000.
Purchasing Policy ' nANeuembea January 20123 Change 7b Page 4
SECTION 2.0
SOLICITATION PROCESSES
SCOPE
An appropriate competitive procurement process is required for all
purchases of $23,000 and over. This section will cover the various
solicitation processes and their use as well as requests for information.
Public project procurement is governed by State Codes and is discussed
separately. Although not mandatory, Purchasing will make available
sample templates for the various types of solicitations for use by staff.
Recommendations for the administration of the solicitation process are
also provided.
It. 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). Some professional services
are required by law to use a Quality Based Selection (QBS) process. For
these services a Request for Qualifications may be used or a RFP
template may be used with the elimination of the cost section.
The type of solicitation does NOT determine the method of successful
vendor selection. With the exception of public projects, quotes and bids
may be awarded on a basis other than lowest cost and for other than true
professional services, RFPs may be awarded based on the lowest cost.
The method of successful vendor selection needs to be specified in the
solicitation.
There are four types of solicitations authorized for use by this Purchasing
Policy:
A. Request for Quote — The RFQ_process is used for the procurement
of material, equipment and general services costing $2340,000 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 $2340,000
where the needs of the City may be adequately defined.
Purchasing Policy daaeNevepAheF January 20123 Change $8 Page 5
C. Request for Proposal — The RFP process is used for the
procurement of professional services ^• mate al, equipment and
general services where the City seeks proposed solutions from the
marketplace to achieve goals and objectives stated in the RFP.
D. Request for Qualifications — The Request for Qualification process
is used for the procurement of certain professional services
required by law to be solely based on qualifications. These are
architecture, landscape architecture, engineering, environmental
services, land surveying, or construction project management.
These are also commonly referred to as "A&E" services.
III. REQUEST FOR QUOTE
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. The process for
distributing solicitations should document when and to whom
notices are sent. The process should have adequate controls to
allow staff to respond intelligently to public inquiries.
C. While not required, users are encouraged to allow sufficient time to
permit advertisement on the City's website.
D. Normally, 2-3 weeks should be allowed for a response to a quote.
Simple and emergency quotes may be done as quickly as vendors
can respond.
E. If the RFQ is for services it must contain a sample of the contract
document.
F. The successful contractor is selected in accordance with the
Municipal Code.
IV. INVITATION FOR BID
An Invitation for Bid (IFB) is a more structured solicitation reflecting the
dollar value and complexity of the procurement.
Purchasing Policy daaelhlever be January 20123 Change 78 Page 6
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. The process for distributing
solicitations should document when and to whom notices are sent.
The process should have adequate controls to allow staff to
respond intelligently to public inquiries.
C. IFBs may be advertised in the local newspaper as well as posted
on the City's website.
D. Normally, IFBs should be advertised at least 30 days before the
responses are due. Slightly shorter response timeframes may be
permitted for simple bids for off-the-shelf commercial items.
Slightly longer timeframes may be needed to support questions or
pre-bid 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.
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
GENERAL. A Request for Proposal (RFP) solicitation is normally used for
professional services or where detailed specifications are not available
and the City seeks solutions in the form of proposals from experienced
firms. RFP solicitations are very specific to the situation. As the template
from Purchasing must serve a variety of purposes it is intended to be
modified for each situation. If procurement of architecture, landscape
architecture, engineering, environmental services, land surveying, or
construction project management will be conducted using the RFP
process, the cost section must be deleted. A&E services (Architectural &
Engineering) may also be procured using the Request for Qualification
process described later.
A. The RFP will contain detailed instructions and the City's terms and
conditions. Contact Purchasing for retention requirements.
Purchasing Policy deaeNeverbeF January 20123 Change 78 Page 7
B. Notices of the RFP should be sent to all businesses that have
provided information to the City as well as any known by the users
to be interested in the opportunity. The process for distributing
solicitations should document when and to whom notices are sent.
The process should have adequate controls to allow staff to
respond intelligently to public inquiries.
C. RFPs should be advertised at least twice in the local newspaper as
well as posted on the City's website.
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.
EVALUATION. 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 weight for each criterion should be determined and entered
onto the evaluation score sheet form. The form should be prepared
when the RFP is prepared, but NOT included with the RFP.
C. Pricing should be requested as a separate, detachable section.
The pricing format should be set up to provide all of the pricing
information needed to provide a clear picture of costs including
potential changes.
D. When conducting RFP evaluations, a single individual should
conduct reference checks and that score included on the score
sheets. If pricing is included, the scoring for all other criteria should
be completed before opening and including the pricing.
Purchasing Policy deaeNeveF4ec January 2012L3 Change 78 Page 8
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. REQUEST FOR QUALIFICATIONS
The Request for Qualifications may use a streamlined RFP format tailored
to the specific needs and calling for qualifications in lieu of a "proposal".
Most of the administrative process will be similar to that for the RFP with
the exception of cost data. While pricing may not be considered in
evaluating A&E services, a competitive process is still required by the
state Government Code.
A. The evaluation criteria should be listed in the order of their
importance.
B. The weight for each criterion should be determined and entered
onto the evaluation score sheet form. The form should be prepared
when the Request for Qualifications is prepared, but NOT published
with the document.
C. When conducting Request for Qualification evaluations, a single
individual should conduct reference checks and that score included
on the score sheets.
D. Contract negotiations should begin with the highest ranked firm.
Should an agreement not be reached, negotiations should be
terminated with that firm and begin with the second ranked firm.
The process should continue until an agreement is reached with a
satisfactory firm.
VII. PUBLIC PROJECTS
The City's public project solicitation process is governed by the State
Public Contract Code (PCC). Additionally, the City has elected to become
subject to the uniform construction cost accounting procedures. Public
projects are defined at Public Contract Code Section 22002. The
procedures allow for an alternative bidding process. These alternative
bidding procedures are found in PCC 22030-22050 and supplement the
requirements of PCC 20100-20104.70 and PCC 20160-20189. The
successful contractor will be selected in accordance with the Public
Contract Code.
Purchasing P01icy daaePleverabec Januar 20123 Change 78 Page 9
Public project solicitations are also guided by other State Codes as well as
Federal Codes when any Federal funding is involved. The dollar
thresholds that follow are set by PCC 22032, which takes precedence
over these figures if different. Due to the complexities involved, staff is
encouraged to contact Purchasing about their specific project.
A. The alternative bidding procedure provides thresholds for the public
project procurement process. For projects under $3945,000 the
procedure provides for the award of projects by Purchase Order
other than by bidding. For staff this means that for projects
between $23,000 and $3945,000, the solicitation process may be
by a request for quote. Projects over $3945,000 must be bid by
either the informal (projects from $3945,000 to $175,000) or formal
(projects over $175,000) solicitation. The PCC provides for
simplified and shortened notification procedures for informal bids.
B. Request for Quote — The public project request for quote will follow
the normal City request for quote process with the exception of the
format of and the award of the solicitation. The solicitation format
will be modified to meet the needs of the using department and the
public project. The contract will be awarded to the lowest
responsible bidder and may be awarded by the City Manager or
designee.
C. Invitation for Bid — Informal
Public projects over $3045,000 but less than $175,000 will follow
the City's normal bid process with the changes permitted by the
informal bid process cited in the Public Contract Code (PCC).
(1) The notice inviting bids must be sent to the trade journals or
all firms on Purchasing's contractor list or both at least 10
days before the bids are due to the City. The notice is not
required to be published in the newspaper.
(2) A bid bond in an amount equal to at least 10% of the amount
of 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 $2545,000.
Performance bonds may also be required.
(4) The sealed bids will be opened and read in public.
Purchasing Policy jwReNevembeF January 20123 Change 78 Page 10
(5) The successful bidder will be the lowest responsible bidder
and the contract may be awarded by the City Manager or
designee. Plans and specifications do not require the
approval of the City Council.
D. Invitation for Bid — Formal
Public projects over $175,000 will follow the City's normal bid
process with the additional requirements of the Public Contract
Code (PCC).
(1) The notice inviting bids must be sent to the trade journals at
least 30 days before and to the local newspaper at least 14
days before the bids are due to the City.
(2) The plans, specifications and contract award must be
approved by the Council.
(3) A bid bond in an amount equal to at least 10% of the amount
of the bid is required.
(4) A payment bond in an amount equal to 100% of the contract
value is required. Performance bonds may also be required.
(5) The sealed bids will be opened and read in public.
(6) The successful bidder will be the lowest responsible bidder
and the contract will be awarded by the City Council.
E. Acceptance of Public Works Projects, Execution and Recording of
Notice of Completion and Release of Bonds
(1) The City Manager is hereby authorized to accept public
works projects as complete upon satisfactory completion of
the project.
(2) Pursuant to Civil Code Section 3086, a public works project
is deemed complete on the date of acceptance of the project
or when there has been a cessation of labor on the project
for a continuous period of 30 (thirty) days, whichever date is
earlier ("Completion Date."). Within 10 (ten) days of the
Completion Date, the City Manager is hereby authorized to
Purchasing Policy I ReNevepAheF January 20123 Change 7-8 Page 11
sign and cause to be recorded with the County Recorder's
Office a Notice of Completion.
(3) Pursuant to Civil Code Section 3185, within 10 (ten) days of
recording a Notice of Completion, a copy of the Notice of
Completion shall be mailed by the City by registered or
certified mail to any stop notice claimant who has paid to the
City the sum of two dollars ($2) at the time of filing of the
stop notice.
(4) The City Manager is hereby authorized to release bonds
relating to public works projects upon the recommendation of
the City Engineer as follows:
(a) The Performance Bond shall not be released until
there has been satisfactory completion of the project
(b) The Labor and Material Bond (also known as the
"Payment Bond") shall not be released until the date
of either the final disposition of all stop notices
lawsuits or the date the statutory limitation period for
filing a stop notice lawsuit has expired without the
filing of any stop notice lawsuits, whichever is later
(c) Warranty Bonds shall not be released until the
warranty period has expired.
(d) Maintenance Bonds shall not be released until the
maintenance period has expired.
VIII. SOLICITATION PROCESS ADMINISTRATION
must be clear, open, and consistent and provide a fair opportunity to enter
the bidding process. City staff is responsible for ensuring solicitation
processes are properly carried out or seek the assistance of Purchasing.
vendors indicate they are not including/collecting/or paving the use
tax or fail to reflect the amount of use tax, staff will determine the
amount of use tax. This will be included in the vendor's cost for
comparison purposes.
! Purchasing P011cy d6iaePlewerab8F January 20123 Change 7-8 Page 12
B. Solicitation Responses — The City acknowledges the possibility of
an imperfect solicitation response. The City believes in the concept
of "substantial" compliance and reserves the right to waive or not,
minor irregularities. The City ^'G^Fesep.,es the . ^ht-tO nteFlgFet a
make airithmek ntiA uhe.a them of the
I h take ntevt with the whole th
e„n;-�s-slea;T„�; e-sf�e�erse.
(1) Late sealed bids may not be accepted and shall be returned
unopened in accordance with Government Code Section
53068.
2) The absence of a sianature except those on the bonds or of
the notary may be waived if the balance of the response
contains those signatures to constitute a valid contract or
convey convincing evidence of the intent to enter into a
contract.
(3) City staff will be consistent in the application of these
sections.
4) Purchasino Aaent or desianee will have the authoritv to
accept or reiect a request by a bidder to withdraw its bid
under Public Contract Code Section 5100 et.seq. Any
obiections to the decision by the Purchasing Agent must
follow the Bid Protest procedures.
(5) Purchasing Agent or designee will have the authority to
reiect a bid as non-responsive. Any objections to the
decision by the Purchasing Agent must follow the Bid Protest
procedures.
(6) Purchasing Agent or designee will have the authority to
reiect all bids as permitted by the Public Contract Code.
7) The Purchasina Aaent or desianee shall have the authorit
to find a bidder is not a responsible bidder as defined in
Public Contract Code Section 1103. Any such finding must
be in writing to the bidder and include: (1) All information in
support of the finding that the bidder is not responsible; (2) A
statement that if the bidder obiects to the finding of the
Purchasing Agent, then the bidder must follow the Bid
Purchasing Policy JdReNGVGMb8 January 2012.3 Change;8 Page 13
Protest procedures and (3) As part of the City Manager's
review of the protest, the bidder may meet with the City
Manager to present its position on the finding.
C. Bid Correction Rules — In the case of mathematical discrepancy or
discrepancies in the bid submitted, the City shall apply the following
Rules to correct the bid amount:
(1) Unit prices shall govern over extended item prices.
(2) The total of the extended item pricing, if corrected by Rule
#1, will govern over the Total Amount of the Bid.
3) If the Total Amount of the Bid, as submitted by the bidder
has a discrepancy between the number amount and the
amount written in words, then words shall govern. This rule
shall not apply if the City has corrected the Total Amount of
the Bid pursuant to Rule #1 and/or Rule #2.
DG. Protest Procedures - Any person or entity may present a formal
protest to the City with respect to solicitations being conducted by
staff.
(1) Definitions.
"Bidder" means any person or firm providing a timely, written
response to the City solicitation.
'Bid Protest' means any protest with regard to the response
submitted by another bidder.
"Response" means the written response to the City
solicitation provided by a person or firm.
"Solicitation Protest" means a statement of protest, dispute,
challenge, disagreement, disapproval or other objection
regarding documents determinations or actions taken or
contemplated by the City with respect to a solicitation.
"Solicitation" means the document by which the City
identifies goods, equipment services or public construction
projects for which it seeks a response.
(2) Format.
Purchasing Policy deaeNeverbeF January 20123 Change 78 Page 14
The protest must be in writing and include the following
information at a minimum:
(a) The name, address and phone number of the
protester, or the authorized representative of the
protester;
(b) The signature of the protester or authorized
representative of the protester;
(c) The solicitation number and title under which the
protest is submitted;
d) A detailed description of the legal and/or factual
grounds for the protest and all supporting
documentation. For protests containing elements not
based on publicly released information the protest
must contain documentation clearly showing the date
on which the protester received the information; and
(e) The form of relief requested.
(3) Solicitation Protests
be received by the City's Purchasing Agent not more than
five calendar days after the last day for questions or the last
addendum is issued, whichever is later. The decision by the
Purchasing Agent on any solicitation protest shall be final.
(4) Bid -Protest and Review.
a. �—The protest, in the Format specified above,
must
be submitted to the City Manager by email or by
personal delivery or overnight mail (to City Hall,
23920 Valencia Boulevard, Suite 120, Santa Clarita,
CA 91355) so that it is received by the City no later
than
seven calendar days after the bid opening.
(b) 2---A copy of the protest must be served upon the
bidder subject to the protest in the same manner by
which the protest was submitted to the City Manager.
Failure to serve the protest upon the bidder subject to
Purchasing Policy duaeNevembef January 20123 Change 78 Page 15
the protest is grounds upon which the City may deny
the protest.
cl 3--A bidder whose bid has been protested b
another bidder may submit to the City Manager a
written response to the protest by email or by
personal delivery or overnight mail (to City Hall,
23920 Valencia Boulevard, Suite 120, Santa Clarita,
CA 91355) so that it is received by the City no later
than seven calendar days after the protest has been
served by the protesting bidder.
(d) 4—The City Manager or
designee shall have up to ten calendar days to decide
whether to approve or refect the protest. The written
decision of the City Manager or designee on the
protest shall be served upon the protesting bidder and
any bidder subject to the protest within 14 calendar
days of receipt of the bid protest. The City Manager
or designee may extend the 10 calendar days if
necessary to review additional information requested
from any bidder.
(e) The decision of the City Manager or designee on the
bid protest shall be final with no further review.
(5) State or Federal Funding
If the subject matter of the solicitation or project is receiving
any State or Federal funds which requires a protest
procedure different than the procedures stated above, then
that protest procedure shall control.
(6) Mandatory Procedure.
This administrative procedure and the time limits set forth
herein are mandatory. Failure to comply with these
mandatory procedures shall constitute a waiver of any right
to pursue the bid protest, including filing a Government Code
claim or any
legal proceedings or actions.
Purchasing Policy JaneNeveMbec January 20123 Change 78 Page 16
Purchasing Policy daaeNeveaR§er Januar-y-20123 Change 7-8 Page 17
Purchasing Policy January 20123 Change *8 Page 18
Purchasing Policy dugelslevembe January 20123 Change 7-8 Page 19
Purchasing Policy daaeMeveraf3ec January 20123 Change 7-8 Page 20
SECTION 3.0
SUPPLIES/SERVICES/EQUIPMENT
SCOPE
This section, in conjunction with Section 1, provides the requirements for
the procurement of all supplies, services (other than professional), and
equipment.
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 $23,000
(1) Coded invoice - determination of price reasonableness is
recommended.
(4)(ZLEvidence 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 duneWevea+§er January20123 Change 7-8 Page 21
B. PURCHASES FROM $23,000 TO $2340,000
(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
C. PURCHASES OVER $2340,000
(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
D. "SHOP LOCAL" INITIATIVE
(1) All bids and quotes, not using a multi -criteria award
designation are now required to be reviewed on a local
preference basis. Local refers to any business having a
working address within the City limits. For any bid that
would have been awarded to a non- local vendor, where a
local vendor has come within 10% of the non -local bid, you
must now contact the local vendor and offer them a chance
to meet the low bid. If the closest local vendor (within 10%)
is not able to meet the bid, the next lowest, local bid, within
the 10% threshold will be contacted, and so on, and so on.
This will continue until a local bidder has accepted the
chance to meet the low bid or, all local bidders within the
10% threshold has been contacted and none could meet the
Purchasing Policy duneNeveabeF January 20123 Change 7-S Page 22
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.
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) may 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).
Purchasing Policy daaeNeve<ab January 20123 Change 78 Page 23
SECTION 4.0
PROFESSIONAL SERVICES
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.
III. REQUIREMENTS
A. PURCHASES UNDER $23,000
(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 $23,000 TO $5340,000
(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
Purchasing Policy daaeNeverabeF January 20123 Change 78 Page 24
IV. GENERAL
A. Formal bids are not required on professional services as they must
be selected based on qualifications first, cost second. However, a
selection process is required and quotations or proposals are
recommended from a minimum of three qualified individuals or
firms to ensure adequate comparison and fair pricing occur.
Should negotiations prove unsuccessful with the primary
professional service provider, written notice must be given to
formally terminate negotiations and negotiations shall commence
with the second most -qualified firm.
B. A copy of the contract or indemnity clauses must be included in all
solicitations.
C. A contract or letter of agreement specifying all necessary insurance
and bonding requirements is required for services under this
section. The contract number or copy of completed contract route
sheet is acceptable. LA County is covered under a master
agreement for most services.
Purchasing P011cy jWReNeVembeF January20123 Change 78 Page 25
SECTION 5.0
PUBLIC PROJECTS
SCOPE
This section, in conjunction with Sections 1 and 2, provides the
requirements for procurement associated with all public projects and is
derived from the State Public Contract Code.
DEFINITIONS
A. A Public Project (also known as Public Works Projects and includes
Capital Improvement Projects) - is defined in the Public Contract
Code as follows:
"Public project" means any of the following:
(1) Construction, reconstruction, erection, alteration, renovation,
improvement, demolition and repair work involving any
publicly owned, leased or operated facility;
(2) Painting or repainting of any publicly owned, leased or
operated facility;
(3) In the case of a publicly owned utility system, "public project'
shall include only the construction, erection, improvement, or
repair of dams, reservoirs, and electrical transmission lines
of 230,000 volts and higher.
(4) "Public project' does not include maintenance work.
However, maintenance work 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;
Purchasing Policy 111RRNevembec January 20123 Change 7-8 Page 26
(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 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.
Ill. REQUIREMENTS
A. FOR PROFESSIONAL SERVICES ASSOCIATED WITH PUBLIC
PROJECTS REFER TO SECTION 4.0
B. PROJECTS UNDER $23,000
(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 $23,000 TO $3045,000
(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 $3845,001 TO $175,000
(1) Product/service descriptions/specifications
(2) Informal bid process (See Section 2.VI)
Purchasing Policy duneNevera§ec January 20123 Change 78 Page 27
(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 $175,000
(1) Product/servicedescriptions/specifications
(2) Formal bid process (See Section 2.VI)
(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
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 duaeWeveabec January 20123 Change 7-8 Page 28
SECTION 6.0
PURCHASE ORDER CHANGES
SCOPE
This section provides guidelines for changing established purchase
orders.
If. 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 $175,000, whichever is less;
(2) A change to a purchase order that results in a purchase
order total dollar amount less than the Council -approved
contract amount plus any Council- approved contingency
can be approved by the department head or designee
subject to number three below;
(3) Cumulative changes greater than $175,000 to a contract that
result in a purchase order total dollar amount less than the
Council -approved contract amount plus any Council -
Purchasing Policy duneWevembw January 20123 Change 78 Page 29
approved contingency must be approved by the City
Manager and may require additional Council approval if
deemed necessary by the City Manager;
(4) A change to a purchase order that results in a purchase
order total dollar amount greater than the contract amount
plus any Council -approved contingency requires 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
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 $2340,000 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
$2340,000 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 duaeNeveaber January 20123 Change 7-8 Page 30
SECTION 7.0
SUPPLIER RELATIONS
SCOPE
This section provides guidelines for employees participating in
transactions on behalf of the City. See also the Purchasing Standards of
Conduct Policy, Appendix A.
11. 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.
III. 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
Purchasing Policy duaeNevemlaeF Janua 20123 Change TS Page 31
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 duaeM'Qvemhec January20123 Change .78 Page 32
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;
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;
Purchasing P011cy daaeNav8F;;bG January 20123 Change 7-8 Page 33
D. Explain as clearly as possible to suppliers the reason for rejection
of their quotations upon request;
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.
C. 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.
D. For more serious situations you will need to provide the notification
by letter and in detail. The detail should include a request for
remedy if appropriate.
E. Always let Purchasing know as soon as 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 cannot 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. Do not hesitate to contact Purchasing if you
have any questions.
Purchasing Policy duneNevembeF 41aUarL,20123 Change 78 Page 34
SECTION 8.0
POLICY EXCEPTIONS
�*i iQLZ
This section provides information on exceptions to this policy such as sole
source selection and emergency purchases.
DEFINITION
A. Sole Source — The services/products provided by the supplier are
proprietary or unique in nature, such as patented or copyrighted
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. A Single/Sole Source form has been created by Purchasing and is
required for all department directed Single/Sole Source requests.
See Appendix I
D. Emergency - A situation that threatens life or property. Time
constraint is NOT an adequate justification for an emergency
purchase.
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.
Purchasing Policy duneWeveraber January 20123 Change 78 Page 35
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.
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.
Purchasing Policy d6IF1ea6V8F;b8F January 20123 Change M Page 36
SECTION 9.0
GRATUITIES
SCOPE
This section provides guidelines on the acceptance of gratuities.
II. DEFINITION
Gratuity - a payment, loan, subscription, advanced deposit of money,
service or anything of more than nominal value, present or promised,
without expectation of substantial, equal, or greater consideration in
return.
III. GENERAL
A. Employees may accept items such as coffee cups, pencil holders,
pens etc. in the instance where:
(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 duneWevemie Janna 20121 Change 78 Page 37
SECTION 10.0
SURPLUS/TRANSFER OF PROPERTY
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).
Purchasing Policy duaeNevembec January 20123 Change 78 Page 38
SECTION 11.0
PURCHASING WITH SPECIAL FUNDS
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 AiReNeve beF January 20123 Change 78 Page 39
SECTION 12.0
SUSTAINABLE PURCHASING
SCOPE
This section provides the requirements in support of sustainable
purchasing of supplies, equipment and services. The City has adopted an
Environmentally Preferable Purchasing (EPP) Program included as
Appendix H. This program provides general guidance towards improving
the sustainable purchasing process. Additionally, the State Public
Contract Code outlines some specific requirements for cities to follow.
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 -C. Businesses - includes bidders, contractors, and other interested
parties that provide services to, or sell products to, the state.
r, -D. Postconsumer material - means a finished material that would have
been disposed of as a solid waste, having completed its life cycle
as a consumer item, and does not include manufacturing wastes.
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
Purchasing Policy duaeOlevemisec anua 20123 Change 7-8 Page 40
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.
B. All City purchases will require responding businesses to certify the
postconsumer content of the products being offered even if that
content is zero.
C. All City contracts resulting in printed materials will require the printing to
be on recycled paper.
Purchasing Policy duneMe4embeF January 20123 Change $8 Page 41