El Monte Municipal Code Ch. 3.24 Purchasing System

A. This chapter is adopted pursuant to Section 54201 et seq. of the California Government Code. By adoption of this chapter (here is established a purchasing system, for city purchases and contracts (including rentals and leases): (1) to provide guidance and direction regarding the procurement of supplies, materials, equipment, and services; (2) to procure supplies, materials, equipment and general services at the lowest possible cost commensurate with the quality needed and professional services based upon demonstrated competence, professional qualifications and suitability for the project in general; (3) to exercise positive financial control over purchases; and (4) to clearly define and delegate authority for the purchasing function. This chapter and the policies it implements shall be enforced by the Purchasing Officer and shall be complied with by all departments and divisions of the city when procuring supplies, services and/or equipment. This chapter and the policies it implements are intended to promote prudent review and decision making with respect to the purchasing of supplies, materials, equipment and services.

B. Notwithstanding any other provision of this chapter to the contrary, work and/or services which fall within the definition of the term "public project" as set forth under the Uniform Public Construction Cost Accounting Act (California Public Contract Code Section 22000 et seq.), to wit, the Act, shall be governed by the procedures prescribed under Section 3.24.080 of this chapter. The definition of the term "general services" as set forth in this chapter may in certain instances overlap with the definition of the term "public project" and where such is the case the work or services in question shall be awarded and contracted in accordance with those provisions of this chapter, to wit Section 3.24.080, governing "public projects." The remaining provisions of this chapter shall only apply to the procurement of such work or services to the extent they are applicable and to the extent such provisions do not conflict with the requirements of the Act or Section 3.24.080.

C. The power and authority of the City Manager and the Assistant City Manager to sign contracts on behalf of the city, subject to the requirements and restrictions set forth under this chapter, is delegated by the City Council pursuant to Government Code Section 40602 and Section 2.12.120 (Contract Authority) of the El Monte Municipal Code. Similarly, the power and authority of city department heads to sign contracts, subject to the requirements and restrictions set forth under this chapter, is delegated by the City Council pursuant to Government Code Section 40602.

(Ord. 2727 § 1 (part), 2008)

(Ord. No. 2956, § 3, 10-15-2019)

A. The City Manager shall designate one city employee to act as the city's Purchasing Officer. The Purchasing Officer shall exercise all powers and duties conferred to under this section.

B. The Purchasing Officer shall have the following duties and responsibilities:

1. Coordinate and manage the procurement of supplies, materials, equipment and services required by any city department or division in accordance with the purchasing procedures set forth under this chapter and under the Purchasing Procedures Manual;

2. Operate and maintain warehouse and storage facilities for supplies, materials, and equipment used by more than one city department or division, and maintain proper inventory control records of the contents thereof;

3. Review requests for purchases to determine if they are reasonable in quantity and quality in relation to known needs of the requesting department or division, to ascertain that they are within budgetary allotments, and to determine whether supplies already on hand in the warehouse or in other departments or divisions can be used to satisfy the request;

4. Oversee and administer emergency purchases in the manner prescribed herein and in the Purchasing Procedures Manual;

5. Prepare and maintain standard specifications for supplies, materials and equipment whenever practical, and to consolidate and schedule orders for all standard items;

6. Maintain a bidder's list, vendor's catalog file and records needed for the efficient operation of the purchasing office;

7. Promote and maintain good relations with vendors with the objective of optimizing the price and quality of materials, services and equipment for the benefit of the city;

8. Prescribe and maintain such forms as are reasonably necessary to the operation of the procedures provided for in this chapter;

9. Supervise the inspection of all supplies, materials, equipment and services purchased to insure conformance with specifications;

10. Oversee compliance with the city-adopted Uniform Public Construction Cost Accounting Procedures set forth under this chapter, including but not limited to, the development and maintenance of contractor lists as set forth under Section 3.24.080;

11. Recommend the transfer of surplus or unused supplies, materials and equipment between departments and divisions as needed and the sale/disposal of all supplies, materials and equipment which cannot be used by any department or division which have become unsuitable for city use, in compliance with the adopted procedures;

12. Cause to be distributed to each department or division from available warehouse or stockroom items on hand, supplies, materials and equipment when requisitioned.

C. The City Council may adopt and from time to time amend and/or modify a procedures manual, (the "Purchasing Policy and Procedures Manual") setting forth additional administrative policies and procedures that are not in conflict with this chapter for the vetting, advertising and awarding of contracts, agreements, purchase orders and other like instruments covered under this chapter.

(Ord. 2727 § 1 (part), 2008; Ord. No. 3047, § 1, 4-16-2025)

City departments and divisions are charged with the following responsibilities in the purchasing process:

A. The submittal of forms as specified in the Purchasing Procedures Manual;

B. The anticipation of departmental or division requirements sufficiently in advance to allow adequate time to procure supplies, materials, equipment and services in accordance with purchasing procedures set forth herein and in the Purchasing Procedures Manual;

C. The communication and coordination of contemplated purchases with the Purchasing Officer;

D. Informing the Purchasing Officer of any vendor relations problems, shipping problems and any other situations which could affect the purchasing function;

E. The provision of adequate supporting documentation when emergency or single-source purchases are necessary or when cooperative purchases are desirable.

(Ord. 2727 § 1 (part), 2008)

All city contracts, agreements, purchase orders and other like instruments covered under this chapter may be signed by the person authorized to sign such documents on the city's behalf by means of a wet signature or, to the extent permitted bylaw, by means of a digital signature as may be provided elsewhere under the El Monte Municipal Code and subject to the city's compliance with all state laws governing the use of digital signatures.

(Ord. No. 3047, § 2, 4-16-2025)

A. Department Head Approval. Without prior approval of the City Council, each department head shall have the authority to approve and sign on behalf of the city:

1. Any contract (including purchase orders) for:

a. Any single purchase of supplies, materials or equipment for sums of fifteen thousand dollars ($15,000.00) or less per single purchase; and

b. The performance of general services for sums of fifteen thousand dollars ($15,000) or less for the preparation, completion and delivery of specific, tangible work product or other deliverables or for the performance and completion of discrete, project-specific services or tasks on or by specified dates.

2. Any fixed-term contract (including purchase orders) for:

a. The purchase of supplies, materials or equipment at specified rates, as requested by the city over the term of the contract, provided the total compensation paid to the seller does not exceed the aggregate sum of fifteen thousand dollars ($15,000.00) over the term of the contract. The term of the contract is inclusive of any automatic extension terms or extensions terms which may be authorized administratively without further approval by the City Council; and

b. The performance of ongoing and/or as-needed general services for sums of fifteen thousand dollars ($15,000.00) or less over the term of the contract, inclusive of any automatic extension terms or extensions terms which may be authorized administratively without further approval by the City Council.

All such purchases and procurements shall be made in compliance with the informal purchasing procedures set forth in the Purchasing Procedures Manual.

B. City Manager/Assistant City Manager Approval. Without prior approval of the City Council, the City Manager, or the Assistant City Manager if the City Manager is unavailable, shall have authority to approve and sign on behalf of the city:

1. Any contract (including purchase orders) for:

a. Any single purchase of supplies, materials or equipment for sums of fifty thousand dollars ($50,000.00) or less per single purchase; and

b. The performance of general services for sums of fifty thousand dollars ($50,000.00) or less for the preparation, completion and delivery of specific, tangible work product or other deliverables or for the performance and completion of discrete, project-specific tasks on or by specified dates.

2. Any fixed-term contract (including purchase orders) for:

a. The purchase of supplies, materials or equipment at specified rates as requested by city over the term of the contract, where the total compensation paid to the seller exceeds the aggregate sum of fifty thousand dollars ($50,000.00) over the term of the contract. The term of the contract is inclusive of any automatic extension terms or extensions terms which may be authorized administratively without further approval by the City Council;

b. The performance of ongoing and/or as-needed general services for sums in excess of fifty thousand dollars ($50,000.00) over the term of the contract, inclusive of any automatic extension terms or extensions terms which may be authorized administratively without further approval by the City Council.

3. Any indefinite term contract (including purchase orders) for:

a. The purchase of supplies, materials or equipment at contractually specified rates, as requested by city over the life of the contract;

b. Ongoing and/or as-needed general services, for contracts with an actual or estimated annual compensation sum in excess of fifty thousand dollars ($50,000.00) per fiscal year;

c. Ongoing and/or as-needed general services, for contracts with an actual or estimated annual compensation sum of fifty thousand dollars ($50,000.00) or less per fiscal year, if such contract can only be terminated for cause or can only be terminated for convenience and without cause upon prior notice that is greater than thirty (30) calendar days.

C. City Council Approval. Subject to all other applicable requirements set forth in the Purchasing Procedures Manual and such other applicable requirements as may be set forth in this chapter, City Council approval shall be required for:

1. Any contract (including purchase orders) for:

a. Any single purchase of supplies, materials or equipment for sums in excess of thirty thousand dollars ($30,000.00);

b. The performance of general services for sums in excess of thirty thousand dollars ($30,000.00) for the preparation, completion and delivery of specific, tangible work product or other deliverables or for the performance and completion of discrete, project-specific tasks on or by specified dates.

With respect to any contract (including purchase orders) required incident to, and in the furtherance of, a specific, City Council-approved capital improvement project, City Council approval shall be required for any contract (including purchase orders) in excess of the City Manager's expenditure authority set forth under subsection B.1. of this section, above.

2. Any fixed-term contract (including purchase orders) for:

a. The purchase of supplies, materials or equipment at specified rates as requested by city over the term of the contract, where the total compensation paid to the seller exceeds the aggregate sum of thirty thousand dollars ($30,000.00) over the term of the contract. The term of the contract is inclusive of any automatic extension terms or extensions terms which may be authorized administratively without further approval by the City Council;

b. The performance of ongoing and/or as-needed general services for sums in excess of thirty thousand dollars ($30,000.00) over the term of the contract, inclusive of any automatic extension terms or extensions terms which may be authorized administratively without further approval by the City Council.

3. Any indefinite term contract (including purchase orders) for:

a. The purchase of supplies, materials or equipment at contractually specified rates, as requested by city over the life of the contract;

b. Ongoing and/or as-needed general services, for contracts with an actual or estimated annual compensation sum in excess of thirty thousand dollars ($30,000.00) per fiscal year;

c. Ongoing and/or as-needed general services, for contracts with an actual or estimated annual compensation sum of thirty thousand dollars ($30,000.00) or less per fiscal year, if such contract can only be terminated for cause or can only be terminated for convenience and without cause upon prior notice that is greater than thirty (30) calendar days.

D. Applicable Award Procedures. With respect any type of contract (including purchase orders) referenced under subsection C. of this section, above, if the proposed not-to-exceed sum for the length of the contract or the annual estimated compensation for the contract exceeds one hundred fifty thousand dollars ($150,000.00), the solicitation documents for such a contract may either provide (i) that the contract will be awarded to the lowest responsive and responsible bidder; or alternatively, (ii) that the contract will be awarded on the basis of some alternative methodology that takes into account multiple factors (not simply unit pricing or overall cost) to obtain the best value for the city. The procedures prescribed under subsections A. through D. of this Section shall not apply to public project contracts covered by Section 3.24.080 or public projects within the meaning of Section 20161 of the Public Contracts Code.

E. Follow-Up Approval for Contracts that Exceed Original Limits. If a contract originally approved by a department head or the City Manager later requires authorization for additional expenditures or costs that, if included as part of the original contract, would have exceeded the department head's or City Manager's contract approval authority, any amendment(s) authorizing such additional expenditures or costs shall be: (i) approved by the City Manager in so far as the additional expenditures and costs, had they been included in the original contract, would have still been within the City Manager's approval authority; or (ii) approved by the City Council in so far as the additional expenditures and costs, had they been included in the original contract, would have exceeded the City Manager's approval authority.

F. Miscellaneous Form and Content Requirements. All purchase orders must be made using printed forms that have been pre-approved by the City Manager and/or the City Council or on such other forms that have been approved as to form by the City Attorney. All contracts (other than purchase orders) must be made in writing and approved as to form by the City Attorney. During any given fiscal year, procurements of identical supplies, equipment, materials or general services may not be broken-up into multiple procurements for the purpose of evading the more approval requirements of this section, above. The City Council reserves the right to disapprove any purchases, engagements or other procurements placed with such intent where it is determined that the accountability and expenditure control benefits of complying with the more stringent approval requirements outweigh the immediate convenience of avoiding such requirements or where such action runs contrary to the spirit of fiscal accountability which is the underlying objective of this chapter.

G. City Attorney Review. All contracts (including purchase orders) required under this section must be submitted to and approved by the appropriate authorizing officer or body and to the City Attorney before being presented to the vendor or general services provider as the city's propose instrument.

(Ord. 2727 § 1 (part), 2008)

(Ord. No. 2956, § 4, 10-15-2019; Ord. No. 2984, § 3, 9-15-2020; Ord. No. 3047, § 3, 4-16-2025)

A. Purpose. It is the policy of the City of El Monte (the "city"), applicable to all departments and divisions, to incorporate environmental considerations including recycled-content and recovered organic waste product use into purchasing practices and procurement. This recovered organic waste product procurement policy (policy) will help the city to:

1. Protect and conserve natural resources, water, and energy;

2. Minimize the city's contribution to climate change, pollution, and solid waste disposal; and,

3. Comply with state requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations) to procure a specified amount of recovered organic waste products to support organic waste disposal reduction targets and markets for products made from recycled and recovered organic waste materials, and to purchase recycled-content paper products and recycled-content printing and writing paper.

B. Definitions. The following definitions will be applicable to this Section 3.24.041:

1. "Annual recovered organic waste product procurement target" means the amount of organic waste in the form of a recovered organic waste product that the city is required to procure annually under 14 CCR Section 18993.1. This target shall be calculated by multiplying the per capita procurement target, which shall be 0.08 tons of organic waste per California resident per year, times the city's residential population using the most recent annual data reported by the California Department of Finance. Annually, CalRecycle will provide notice to each city of its annual recovered organic waste product procurement target by posting such information on CalRecycle's website and providing written notice directly to the city.

2. "City" The City of El Monte.

3. "Compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). Compost eligible for meeting the annual recovered organic waste product procurement target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the state's composting operations regulatory requirements.

4. "Direct service provider" means a person, company, agency, district, or other entity that provides a service or services to the city pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).

5. "Electricity procured from biomass conversion" means electricity generated from biomass facilities that convert recovered organic waste, such as wood and prunings from the municipal stream, into electricity. Electricity procured from a biomass conversion facility may only count toward the city's annual recovered organic waste product procurement target if the facility receives feedstock directly from certain permitted or authorized compostable material handling operations or facilities, transfer/processing operations or facilities, or landfills, as described in 14 CCR Section 18993.1(i).

6. "Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.

7. "Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).

8. "Printing and writing papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).

9. "Procurement of recovered organic waste products" shall mean purchase or acquisition (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), and end use by the city or others. The city's annual recovered organic waste product procurement target can be fulfilled directly by the city or by direct service providers through written contracts or agreements for procurement of recovered organic waste products at the city's behest.

10. "Publicly-owned treatment works" or "POTW" has the same meaning as in Section 403.3(r) of Title 40 of the Code of Federal Regulations.

11. "Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the annual recovered organic waste product procurement target shall include compost, SB 1383 eligible mulch, renewable gas from an in-vessel digestion facility, and electricity procured from biomass conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.

12. "Recordkeeping designee" means the public employee appointed by the City Manager or their designee to track procurement and maintain records of recovered organic waste product procurement efforts both by the city and others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12 and 13.

13. "Recyclability" means that the paper products and printing and writing paper offered or sold to the city are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations Section 260.12 (2013).

14. "Recycled-content paper products and recycled-content printing and writing paper" means such products that consist of at least thirty (30) percent, by fiber weight, postconsumer fiber, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code, and as amended.

15. "Renewable gas" means gas derived from organic waste that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

16. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.

17. "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this policy, the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.

18. "SB 1383 eligible mulch" means mulch eligible to meet the annual recovered organic waste product procurement target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 eligible mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):

i. Produced at one of the following facilities:

a. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10);

b. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or,

c. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.

ii. Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852 (a)(24.5)(A)1 through 3.

19. "State" means the State of California.

C. Recovered Organic Waste Product Procurement.

1. Procurement Target.

i. The city will annually procure for use or giveaway a quantity of recovered organic waste products that meets or exceeds its annual recovered organic waste product procurement target through the implementation of Sections C through E of this policy.

ii. To be eligible to meet the annual recovered organic waste product procurement target, products that may be procured include the following (provided that each product meets the criteria included in their respective definition in Section B of this policy):

a. SB 1383 eligible compost (as defined in Section B.3).

b. SB 1383 eligible mulch (as defined in Section B.18).

c. Renewable gas (in the form of transportation fuel, electricity, or heat) (as defined in Section B.15).

d. Electricity procured from biomass conversion (as defined in Section B.5).

2. Requirements for City Departments.

i. Compost and SB 1383 Eligible Mulch procurement. Divisions and departments responsible for landscaping maintenance, renovation, or construction shall:

a. Use compost and SB 1383 eligible mulch produced from recovered organic waste, as defined in Section B.3 and B.18 of this policy, for landscaping maintenance, renovation, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 eligible mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

b. When the city uses compost and SB 1383 eligible mulch and the applications are subject to the city's Water Efficient Landscaping Ordinance (WELO), comply with one of the following, whichever is more stringent, (i) the city's WELO, if more stringent than the state's Model Water Efficient Landscape Ordinance (MWELO), or (ii) Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State's Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a "Soil Preparation, Mulch, and Amendments Section" to include the following:

ii. For landscape installations, compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six (6) percent organic matter in the top six (6) inches of soil are exempt from adding compost and tilling.

iii. Apply a minimum three-inch layer of mulch on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, leave up to five (5) percent of the landscape area without mulch. Designated insect habitat must be included in the landscape design plan as such.

iv. Procure organic mulch materials made from recycled or post-consumer materials rather than inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

v. For all mulch that is land applied, procure SB 1383 eligible mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

vi. Keep records, including invoices or proof of recovered organic waste product procurement (either through purchase or acquisition), and submit records to the recordkeeping designee, on a schedule to be determined by recordkeeping designee.

Records shall include:

a. General procurement records, including:

I. General description of how and where the product was used and applied, if applicable;

II. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured;

III. Type of product;

IV. Quantity of each product; and

V. Invoice or other record demonstrating purchase or procurement.

b. For compost and SB 1383 eligible mulch provided to residents through giveaway events or other types of distribution methods, keep records of the compost and SB 1383 eligible mulch provided to residents. Records shall be maintained and submitted to the recordkeeping designee in accordance with the requirements specified in Section C-2 1.c.

c. For procurement of SB 1383 eligible mulch, maintain an updated copy of the ordinance or enforceable mechanism(s) requiring that the mulch procured by the city or direct service provider meets the land application standards specified in 14 CCR Section 18993.1, as it may be amended from time to time.

vii. When procurement of recovered organic waste products occurs through a direct service provider, enter into a written contract or agreement or execute a purchase order with enforceable provisions that includes: (i) definitions and specifications for SB 1383 eligible mulch, compost, renewable gas, and/or electricity procured from biomass conversion; and, (ii) an enforcement mechanism (e.g., termination, liquidated damages) in the event the direct service provider is not compliant with the requirements.

3. Renewable Gas procurement (used for fuel for transportation, electricity, or heating applications). For renewable gas procurement, the city shall:

i. Procure renewable gas made from recovered organic waste for transportation fuel, electricity, and heating applications to the degree that it is appropriate and available for the city and to help meet the annual recovered organic waste product procurement target, which requires compliance with criteria specified in 14 CCR Section 18993.1.

ii. Keep records in the same manner indicated in Section C-2 1.c for the amount of renewable gas procured and used by the city, including the general procurement record information specified in Section C-2 1.c.1, and submit records to the Recordkeeping Designee on a quarterly schedule. The quarterly schedule shall be as follows: renewable gas records are to be provided to the recordkeeping designee by April 15 for January 1 through March 31, July 15 for April 1 through June 30, October 15 for July 1 through September 30, and January 15 for October 1 through December 31. The city shall additionally obtain the documentation and submit records specified in Section C-2 2.c below, if applicable.

iii. If the city procures renewable gas from a POTW,

a. Annually verify that the renewable gas from the POTW complies with the requirements specified in 14 CCR Section 18993.1(h), including, but not limited to, the exclusion in 14 CCR Section 17896.6(a)(1) and the items listed in this Section C-2 2.c.

b. Annually receive a record from the POTW documenting the tons of Organic Waste received by the POTW from: (i) a compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10), that is permitted or authorized under 14 CCR Division 7; (ii) transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or (iii) a solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.

c. Annually receive documentation from the POTW of the percentage of biosolids that the POTW produced and transported to activities that constitute landfill disposal in order to demonstrate that the POTW transported less than twenty-five (25) percent of the biosolids it produced to activities that constitute landfill disposal. For the purposes of this policy, landfill disposal is defined pursuant to 14 CCR Section 18983.1(a) and includes final disposition at a landfill; use of material as alternative daily cover or alternative intermediate cover at a landfill, and other dispositions not listed in 14 CCR Section 18983.1(b). Alternative daily cover or alternative intermediate cover are defined in 27 CCR Sections 20690 and 20700, respectively.

d. Annually receive documentation that the POTW receives vehicle-transported solid waste that is an anaerobically digestible material for the purpose of anaerobic co-digestion with POTW treatment plant wastewater to demonstrate that the POTW meets the requirement of 14 CCR Section 18993.1(h) (2).

e. The City shall submit these records to the recordkeeping designee on an annual basis, not to exceed twenty (20) days from receipt of notification from the POTW.

4. Electricity Procured from Biomass Conversion. For electricity procured from biomass conversion, the city shall:

i. Procure electricity from a biomass conversion facility that receives feedstock from a composting facility, transfer/processing facility, a solid waste landfill, and/or receives feedstock from the generator or employees on behalf of the generator of the organic waste and to the degree that it is available and practicable for the city and to help meet the annual recovered organic waste product procurement target, which requires compliance with criteria specified in 14 CCR Section 18993.1.

ii. Maintain records and conduct the following recordkeeping activities:

a. Keep records in the same manner indicated in Section C-2 1.c. of this policy for the amount of electricity procured from biomass conversion facilities, including the general procurement record information specified in Section C-2 1.c.1.

b. Receive written notification by an authorized representative of the biomass conversion facility certifying that biomass feedstock was received from a permitted solid waste facility identified in 14 CCR Section 18993.1(i).

c. Provide these records to the recordkeeping designee.

C. Requirements for Direct Service Providers.

1. Direct service providers of landscaping maintenance, renovation, and construction shall:

i. Use compost and SB 1383 eligible mulch, as practicable, produced from recovered organic waste, as defined in Section B.2 and B.18 of this policy, for all landscaping renovations, construction, or maintenance performed for the city, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852 (a) (24.5) (A)(1) through (3).

ii. If direct service provider is subject to the city's WELO, comply with one of the following, whichever is more stringent: (i) the locally-adopted WELO that is more stringent than the state's MWELO, or (ii) Sections 492.6 (a)(3)(B), (C), (D), and (G) of the state's MWELO, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a "Soil Preparation, Mulch, and Amendments Section" to include the following:

a. For landscape installations, compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six (6) percent organic matter in the top six (6) inches of soil are exempt from adding compost and tilling.

b. Apply a minimum three-inch layer of mulch on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, leave up to five (5) percent of the landscape area without mulch. Designated insect habitat must be included in the landscape design plan as such.

c. Procure organic mulch materials made from recycled or post-consumer materials rather than inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

d. For all mulch that is land applied, procure SB 1383 eligible mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

iii. Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to Recordkeeping Designee, on a schedule to be determined by Recordkeeping Designee. Information to be provided shall include:

a. General description of how and where the product was used and if applicable, applied;

b. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured;

c. Type of product;

d. Quantity of each product; and,

e. Invoice or other record demonstrating purchase or procurement.

2. Direct service provider of organic waste collection services shall:

i. Provide a specified quantity of Compost or SB 1383 eligible mulch to the city and its customers via periodic "giveaways" as specified in a franchise agreement or other agreement.

ii. Keep and provide records to the city including the following:

a. Dates provided;

b. Source of product including name, physical location and contact information for each entity, operation or facility from whom the recovered organic waste products were procured;

c. Type of product;

d. Quantity provided; and,

e. Invoice or other record or documentation demonstrating purchase, procurement, or transfer of material to giveaway location.

3. Renewable Gas Procurement by Direct Service Providers.

i. If renewable gas made from recovered organic waste is used by direct service providers, direct service providers shall submit information listed in Section C-3 2.b.1-5 on a schedule to be determined by the city, but not less than annually to the recordkeeping designee.

ii. Renewable gas used by direct service providers under Sections C-3 A and C-3 B shall comply with criteria specified in 14 CCR Section 18993.1.

D. Recycled-Content Paper Procurement.

1. Requirements for City Departments.

i. Comparable or more favorable pricing: If fitness and quality of recycled-content paper products and recycled-content printing and writing paper are equal to that of non-recycled items, all departments and divisions of the city shall purchase recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber, whenever available at the same or a lesser total cost than non-recycled items, consistent with the requirements of the Public Contracts Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.

ii. All paper products and printing and writing paper shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

iii. Provide records to the recordkeeping designee of all paper products and printing and writing paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the city. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Section D.2 1.a-d for recycled-content purchases, vendor name, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled-content paper products and/or non-recycled-content printing and writing paper are provided, include a description of why recycled-content paper products and/or recycled-content printing and writing paper were not provided.

2. Requirements for Vendors.

i. All vendors that provide paper products (including janitorial paper products) and printing and writing paper to the city shall:

a. Provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non-recycled item and available at equal or lesser price.

b. Only provide paper products and printing and writing papers that meet Federal Trade Commission Recyclability standard as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

c. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the city. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

d. Certify in writing, under penalty of perjury, that the paper products and printing and writing paper offered or sold to the city is eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

e. Provide records to the recordkeeping designee of all paper products and printing and writing paper purchased from the vendor within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the city. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Section D-2 1.a-d for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled-content paper products and/or non-recycled-content printing and writing paper are provided, include a description of why recycled-content paper products and/or recycled-content printing and writing paper were not provided.

ii. All vendors providing printing services to the city via a printing contract or written agreement, shall use printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber, or as amended by Public Contract Code Section 12209.

E. Recordkeeping Responsibilities.

1. The Environmental Services Division will be the responsible department and will select an employee to act as the recordkeeping designee that will be responsible for obtaining records pertaining to procurement of recovered organic waste products and recycled-content paper products and recycled-content printing and writing paper.

2. The recordkeeping designee will do the following to track procurement of recovered organic waste products, recycled-content paper products, and recycled-content printing and writing paper:

i. Collect and collate copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of printing and writing paper and paper products, including the volume and type of all paper purchases; and, copies of certifications and other required verifications from all departments and/or divisions procuring paper products and printing and writing paper (whether or not they contain recycled content) and/or from the vendors providing printing and writing paper and paper products. These records must be kept as part of city's documentation of its compliance with 14 CCR Section 18993.3.

ii. Collect and collate copies of invoices or receipts or documentation evidencing procurement from all departments and divisions procuring recovered organic waste products and invoices or similar records from vendors/contractors/others procuring recovered organic waste products on behalf of the city to develop evidence of the city meeting its annual recovered organic waste product procurement target. These records must be kept as part of the city's documentation of its compliance with 14 CCR Section 18993.1.

iii. Collect, collate, and maintain documentation submitted by the city, direct service providers, and/or vendors, including the information reported to the recordkeeping designee in accordance with Sections C-2 1.c, C-2 2.b, C-2 3.b, C-3 1.c, C-3 2.b, C-3 3.a, D-1 3, and D-2 1.e.

iv. Compile an annual report on the city's direct procurement, and vendor/other procurement on behalf of the city, of recovered organic waste products, recycled-content paper products, and recycled-content printing and writing paper, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2 for the annual recovered organic waste product procurement target and 14 CCR Section 18993.4 for recycled-content paper products and recycled-content printing and writing paper procurement. This report shall be made available to the city's responsible entity for compiling the annual report to be submitted to CalRecycle (which will include a description of compliance on many other SB 1383 regulatory requirements) pursuant to 14 CCR Division 7, Chapter 12, Article 13. The procurement report shall also be shared with council annually as evidence of implementing this policy.

F. Effective Date of Policy.

This policy shall go into effect January 1, 2022.

(Ord. No. 3005, § 2, 10-19-2021)

Except as otherwise provided in this chapter, procurements subject to the formal bidding procedures of this section shall be awarded in accordance the following requirements and such additional requirements set forth under the Purchasing Procedure Manual:

A. Notice Inviting Bids. The Purchasing Officer shall issue a notice inviting bids for all purchases or sales subject to this section. In addition to such other requirements as may be set forth in the Purchasing Procedure Manual, such notice inviting bids shall include a general description of the supplies, materials, equipment or general services to be procured; where bid forms and specifications may be secured; and the final time and place for submitting bids.

B. Published Notice. Notice inviting bids shall be published at least ten (10) days before the date of opening of the bids. Such notice may be published in any one or more the following manners: (i) a recognized trade publication; (ii) an internet platform for the publication of public contract solicitations; (iii) a newspaper of general circulation in the City of El Monte; and/or (iv) such other method prescribed by applicable law or under the Purchasing Procedure Manual.

C. Bidder's Security. When required applicable law or deemed desirable, the Purchasing Officer shall require bidders' security. If bid security is prescribed, the same type and rate of security shall be required of each bidder, and no contract may be awarded to any bidder failing to post the required bid security. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder.

D. Bid Opening Procedure. Bidders shall submit sealed bids in the manner prescribed in the bid solicitation documents. Bids shall be opened in public at the time and place stated in the bid solicitation documents. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.

E. Rejection of Bids. In its discretion, the City Council may reject any and all bids presented, and may re-advertise for bids.

F. Nonresponsive Bids. If no bid, or no responsive bid, is received after inviting bids under this section, the Purchasing Officer, to the extent permitted by applicable law, may proceed to hire or have general services performed or purchase the supplies or equipment on the open market.

G. Award of Contracts. Except as otherwise provided under this chapter or applicable law, contracts awarded pursuant to the procedures set for under this section, shall be awarded by the City Council to the lowest responsive and responsible bidder.

H. Tie Bids. If two (2) or more 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 may select any one of the tie bidders in its sole and absolute discretion.

I. Performance Bonds and Labor and Materials Bond. Except as otherwise required under the Purchasing Procedures Manual, the Purchasing Officer may require a performance bond and/or a labors and materials bond as a condition to the city's solicitation of any bids, in such amount as the Purchasing Officer shall find reasonably necessary to protect the best interests of the city. If the Purchasing Officer requires a performance bond and/or labor and materials bond, the form and amount of the bond shall be described in the notice inviting bids.

J. Unlawful Evasion of Bidding Requirements. It is unlawful to split into smaller orders the purchase of supplies, equipment, materials or general services for the purpose of evading the competitive bidding provisions of this section.

K. Written Agreements. All procurements subject to this section shall be made by written agreement approved as to form by the City Attorney.

L. Scope of Application. These procedures do not apply to procurements covered under Sections 3.24.075 and 3.24.080.

(Ord. 2727 § 1 (part), 2008)

(Ord. No. 2984, § 2, 9-15-2020)

The following varieties of procurements are exempt from the competitive bidding requirements of Section 3.24.050, above, and any other semi-competitive or informally competitive procedures set forth in this chapter or in the city's Purchasing Policy and Procedures Manual:

A. Single-source or sole-source procurements or purchases of materials, supplies, equipment, software or general services (i) that can obtained from only one manufacturer, vendor or service provider including singlepatented, proprietary or copyrighted items; (ii) that have only one distributor authorized to sell in this area; (iii) that perform a unique function or for which there is no comparable, commercially available product or service; or (iv) where compatibility or warranty requirements require the use of a specific brand of materials, supplies, equipment, software or general service.

B. Piggyback or cooperative purchases of materials, supplies, equipment, software or general services where such procurements (1) have already been made using applicable competitive or semi-competitive solicitation procedures of another public agency; or (2) are conducted in accordance with the procedures of a cooperative purchasing or piggyback purchasing organization or association like the California Multiple Award Schedules Program; the U.S. General Services Administration; the United States Communities Government Purchasing Alliance; or any other similar cooperative purchasing program. The foregoing notwithstanding, in order to qualify as a piggyback purchase or cooperative purchase under this chapter (1) the cost or unit pricing of the supplies, materials, equipment, software or general services procured must be equal to or less than the cost or unit pricing paid by the public agency, organization or association with whom the piggyback purchase or cooperative purchase is made; and (2) the specifications and/or other characteristics of the materials, equipment, software or general services must be same as provided to the public agency, organization or association with whom the cooperative purchase is to be made.

C. The procurement of items for which there is no competitive market such as memberships in professional organizations or industry organizations; registration fees for conferences, meetings or other like business-related events; or subscriptions to professional or trade journals and/or periodicals.

D. Emergency procurements of supplies, materials, equipment or general services subject to the terms and conditions set under this paragraph (D). To qualify as an emergency procurement, exempt from the formal competitive bidding requirements of this chapter, the procurement must be made for the purpose of responding to an "emergency" within the meaning of Public Contract Code Section 1102. All emergency procurements shall be conducted in accordance with the procedures set forth under Government Code Section 22050. As authorized pursuant to Government Code Section 22050(b)(1) and pursuant to City Council Ordinance No. 3047, approved by no less than 4/5 vote of the City Council on March 26, 2025, the City Manager and the Purchasing Officer are both delegated the authority to order any action pursuant to paragraph (1) of subdivision (a) of Government Code Section 22050, subject to all reporting obligations and City Council review requirements set forth under Government Code Sections 22050(b)(3) and 22050(c).

E. Professional consulting services within the meaning of Section 3.24.140(A)(6) of this chapter. This exemption is inclusive of any requirement for the solicitation of multiple quotes or proposals as may be set forth in this chapter or in the Purchasing Policy and Procedures Manual.

F. Any procurement of supplies, materials, equipment, software or general services, in which the City Council shall find, by resolution adopted by not less than four-fifths of its full membership, that such procurement may be more economically and efficiently effected by (1) the waiver of solicitation procedures otherwise required by this chapter or the Purchasing Policy and Procedures Manual; or (2) the use of an alternative transactional process or alternative procurement procedure. This exception may not be applied to public projects which are subject to mandatory competitive bidding under applicable state law or any mandated informal bidding authorized under the Uniform Public Construction Cost Accounting Act.

G. The engagement of individual(s) as musicians, musical groups, singers, dancers, and other performing artists providing live entertainment for city organized or city sponsored events or functions; or the engagement of individuals(s) as artists for the creation and installation of original and unique works of art commissioned by the city as works for hire (e.g., murals, paintings, photographs, sculptures, animation etc.).

(Ord. No. 2956, § 5, 10-15-2019; Ord. No. 3047, § 4, 4-16-2025)

Editor's note— Ord. No. 2956, § 5, adopted Oct. 15, 2019, amended § 3.24.060 in its entirety to read as herein set out. Former § 3.24.060, pertained to procurements exempted from competitive bidding requirements, and derived from Ord. 2727 § 1 (part), adopted in 2008.

A. Department Head Approval. Without prior City Council approval, each department head shall have the authority to approve and sign on behalf of the city:

1. Any contract for professional consulting services for the preparation, completion and delivery of specific, tangible work product or other deliverables or for the performance and completion of discrete, project-specific tasks on or by specified dates for sums of fifteen thousand dollars ($15,000.00) or less; and

2. Any fixed-term contract for ongoing and/or as-needed, professional consulting services for sums of fifteen thousand dollars ($15,000.00) or less over the term specified in the contract, inclusive of any automatic extension terms or extensions terms which may be authorized administratively without further approval by the City Council.

All such engagements of professional services shall be undertaken in compliance with the purchasing procedures set forth in the Purchasing Procedures Manual.

B. City Manager/Assistant City Manager Approval. Without prior City Council approval, the City Manager, or the Assistant City Manager if the City Manager is unavailable, shall have authority to approve and sign on behalf of the City:

1. Any contract for professional consulting services for the preparation, completion and delivery of specific, tangible work product or other deliverables or for the performance and completion of discrete, project specific tasks on or by specified dates for sums of fifty thousand dollars ($50,000.00) or less;

2. Any fixed-term contract for ongoing and/or as-needed, professional consulting services for sums of fifty thousand dollars ($50,000.00) or less over the term specified in the contract, inclusive of any automatic extension terms or extensions terms which may be authorized administratively without further approval by the City Council;

3. Any indefinite term contract for ongoing and/or as-needed professional consulting services, for contracts with an estimated annual compensation sum of fifty thousand dollars ($50,000.00) or less per fiscal year, provided such contract may be terminated by the city for convenience and without cause upon no more than thirty (30) calendar days prior written notice. City Council approval shall be required for any annual actual expenditures in excess of the fifty thousand dollar ($50,000.00) limit set forth herein.

All engagements of professional services under this subsection B. shall be undertaken in compliance with the purchasing procedures set forth in the Purchasing Procedures Manual.

C. City Council Approval. The City Council shall approve:

1. Any contract for professional consulting services for the preparation, completion and delivery of specific, tangible work product or other deliverables or for the performance and completion of discrete, projectspecific tasks on or by specified dates for sums in excess of fifty thousand dollars ($50,000.00). With respect to any professional services contract required incident to, and in the furtherance of, a specific, City Council- approved capital improvement project, City Council approval shall be required for any such contract in excess of the City Manager's expenditure authority set forth under subsection B.1. of this section, above.

2. Any fixed-term contract for ongoing and/or as-needed, professional consulting services for sums in excess of fifty thousand dollars ($50,000.00) over the term specified in the contract, inclusive of any automatic extension terms or extensions terms which may be authorized administratively without further approval by the City Council.

3. Any indefinite term contract for ongoing and/or as-needed professional consulting services:

a. For contracts with an actual or estimated annual compensation sum in excess of fifty thousand dollars ($50,000.00) per fiscal year;

b. For contracts with an estimated annual compensation sum of fifty thousand dollars ($50,000) or less per fiscal year, if such contract can only be terminated for cause or can only be terminated for convenience and without cause upon prior notice that is greater than thirty (30) calendar days. With respect to the types of professional consulting services contracts described under this subsection, above, the following subset of contracts shall be awarded following the city's issuance of a request for qualifications or proposals as provided under the Purchasing Procedures Manual, unless such requirement is waived by the City Council:

i. Any contract for professional consulting services for the preparation and completion of specific, tangible deliverables or other work product and the performance of related services and tasks for sums in excess of one hundred fifty thousand dollars ($150,000.00);

ii. Any fixed-term contract for ongoing and/or as-needed, professional consulting services for sums of in excess of one hundred fifty thousand dollars ($150,000.00) over the term specified in the contract, inclusive of any automatic extension terms or extensions terms which may be authorized administratively without further approval by the City Council;

iii. Any indefinite term contract for ongoing and/or as-needed professional consulting services, for contracts with an estimated annual sum in excess of one hundred fifty thousand dollars ($150,000.00).

D. All professional consulting contracts must be made in writing in a form approved as to form by the City Attorney. Such agreements must be submitted to, and approved by the appropriate authorizing officer or body and approved as to form by the City Attorney before being presented to the professional services provider.

(Ord. 2727 § 1 (part), 2008)

(Ord. No. 2956, § 6, 10-15-2019; Ord. No. 2984, § 4, 9-15-2020; Ord. No. 3047, § 5, 4-16-2025)

A. Except for public project contracts awarded in compliance with Section 3.24.080 (Public projects—UPCCAA procedures), contracts for public projects within the meaning of Section 20161 of the Public Contracts Code which exceed the expenditure limits of Section 20162 of the Public Contracts Code shall be let by a process of formal competitive bidding as required by state law and such other competitive bidding statutes which may apply to a specific bid solicitation.

B. In addition to such other procedures and requirements as may be set forth by law or under the Purchasing Procedures Manual, the following procedures shall apply for the solicitation of bids for public projects as defined under this section:

1. Notices inviting sealed bids shall be published at least twice, not less than five (5) days apart, the first time being no less than twenty-one (21) calendar days before the date of the opening of the bids.

2. Notices inviting bids shall include a description of the public project, where bid forms and specifications may be obtained, and the time, date and place for the opening of bids.

3. When required by law or as otherwise deemed necessary by the Purchasing Officer, bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon the bidder's refusal or failure to execute the contract within ten (10) calendar days after the notice of award of contract has been issued by the City. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsive and responsible bidder. If the City Council awards the contract to the next lowest responsive and responsible bidder, the amount of the lowest bidder's security shall be applied by the city to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the City Council rejects all bids presented, due to the failure of the successful bidder to execute the contract, and re-advertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder.

4. Sealed bids together with bidder's security shall be submitted to the Public Works Director or designee. The bid shall be so identified on the envelope. Bids shall be opened in public at the date, time and place stated in the public notices inviting the bids. Any bid received after the scheduled time of the bid opening shall be returned to the bidder unopened. A tabulation of all bids received shall be available for public inspection during regular business hours.

5. Public projects let pursuant to this section shall require the execution of a written agreement.

6. At its sole discretion, the City Council may reject any and all bids presented and re-advertise for bids pursuant to the procedure prescribed above. In the event no bids are received or all bids are rejected, the City Council may, in accordance with Public Contracts Code Section 20167, and any amendments thereto, direct the Public Works Director or designee to proceed pursuant to paragraphs relating to open market procedure or competitive negotiations.

7. The city shall have authority to require performance and labor and materials security before entering into and executing a contract in such amount as it finds reasonably necessary to protect the best interests of the city. If the city requires security, the form and the amount of the security shall be described in the notice inviting bids. The notice inviting bids may provide that security may be posted in the form of a surety bond or such other security.

C. Following the award of a public project contract awarded pursuant to this section, such contract may be amended by the issuance of a change order, provided the change which is the subject of the change order is reasonably related to the scope of the original contract. Notwithstanding anything under Section 3.24.040(B) of this chapter to the contrary, unless a lower limit has been set by the terms of the city's bid solicitation documents, applicable law or the City Council, the City Manager is authorized to approve and execute the following change orders for public project contracts awarded pursuant to this section without City Council approval:

1. Any change order which results in the total contract price of fifty thousand dollars ($50,000.00) or less; and

2. Any change order which results in a total contract price not to exceed ten (10) percent of the original contract price.

Any change order for contracts pursuant to this section which results in a total contract price in excess of ten (10) percent of the original contract price must be approved by the City Council.

(Ord. No. 2956, § 5, 10-15-2019)

A. Work or services which fall with the definition of the term "public project" as defined under Section 22002 of the California Public Contract Code shall be let in accordance with the procedures set forth under Uniform Public Construction Cost Accounting Act codified under the California Public Contract Code, Section 22000 et seq. (hereinafter, the "Act"). The city of El Monte initially adopted the Act as its procedures for the procurement of work or services which fall within the definition of the term "public project" in 2004 by way of El Monte City Council Ordinance No. 2614.

B. Pursuant to Section 22032(a) of the California Public Contract Code, work or services which qualify as a "public project" within the meaning of the Act may be performed by negotiated contract, purchase order or such other method authorized under Section 22032(a) of the California Public Contract Code if the cost of such work or services is equal or less than the not-to-exceed sum set forth under Section 22032(a) of the California Public Contract Code.

C. Pursuant to Section 22032(b) of the California Public Contract Code, work or services which qualify as a "public project" within the meaning of the Act may be let to contract by the informal procedures set forth under Section 22034 of the California Public Contract Code if the cost of the works or services is equal to or less than the not-to-exceed sum set forth under Section 22032(b) of the California Public Contract Code.

D. Pursuant to Section 22032(c) of the California Public Contract Code, work or services which qualify as a "public project" within the meaning of the Act shall be let to contract by formal bidding procedures if the cost of the work or services is in excess of the sum set forth under Section 22032(c) of the California Public Contract Code. The applicable formal bidding procedures shall be those set forth under Section 3.24.075 of this chapter and such other additional procedures as may be set forth under the Purchasing Procedure Manual.

E. Approval of Public Project Awards. Department heads shall have the authority to approve the award of a public project costing fifteen thousand dollars ($15,000.00) or less, subject to all applicable requirements of the Act and this section. The City Manager shall have the authority to approve the award of a public project costing in excess of fifteen thousand dollars ($15,000.00) but below fifty thousand dollars ($50,000.00), subject to all applicable requirements of the Act and this section. The City Council must approve the award of any public project costing fifty thousand dollars ($50,000.00) or more, subject to all applicable requirements of the Act and this section.

F. With respect to informal bidding procedures, the city shall comply with all requirements of the Act, including those specifically set forth under Section 22034 of the California Public Contract. In compliance with the Act, the city shall do the following:

1. A list of contractors shall be developed and maintained in accordance with the provision of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission; and

2. A notice inviting informal bids shall be mailed to all contractors for the category of work or services to be bid no less than ten (10) days prior to the bid due date. Additional contractors and/or construction trade journals may be notified at the discretion of the Purchasing Officer; provided however: (a) if there is no list of qualified contractors maintained by the city for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the California Uniform Construction Cost Accounting Commission; and (b) if the work, product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

(Ord. 2727 § 1 (part), 2008)

(Ord. No. 2956, § 6, 10-15-2019; Ord. No. 2984, § 5, 9-15-2020)

A. Each city department or division shall submit to the Purchasing Officer, at such times and in such form as the Purchasing Officer shall prescribe, reports showing all supplies, materials and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Officer shall have authority to sell or otherwise dispose of all supplies, materials and equipment which cannot be used by a department, or which have become unsuitable for city use. The Purchasing Officer may also exchange the same for, or trade in the same on, new supplies, materials and/or equipment.

B. Disposition of surplus and/or obsolete items may include some form of recycling or reuse such as donation to public bodies, charitable, civic or nonprofit organizations and may include city property which has no commercial value or for which the estimated cost of continued care, handling, maintenance or storage would exceed the estimated proceeds of sale. Sales procedures may include negotiated sales, acceptance of sealed bids or public auction. Services of a paid auctioneer may be used, as appropriate. City Council is required for the sale or other disposition of supplies, materials or equipment when the total estimated value the specific supply, material or equipment exceeds ten thousand dollars ($10,000.00).

(Ord. 2727 § 1 (part), 2008; Ord. No. 3047, § 6, 4-16-2025)

The Purchasing Officer in consultation with the Finance Director shall not issue any purchase orders for supplies, materials, equipment or services in excess of one thousand dollars ($1,000.00) unless there exists an unencumbered amount in the current fiscal budget against which said purchase is to be, or may be, charged.

(Ord. 2727 § 1 (part), 2008)

(Ord. No. 2956, § 8, 10-15-2019)

Local preference is desirable because of its ability to stimulate the local economy, generate jobs and spur further investment into the community. As set forth in this section, the city shall strive to give preference to businesses located within the city of El Monte. All other procurement factors being equal, if the cost differential or unit price difference between an item or service provided by a business located in the city of El Monte is no greater than one percent of the cost or unit price quoted by a non-city business, the procurement may be awarded to the El Monte business under the rational that the city will recoup at least one percent of the cost of the transaction in the form of sales taxes.

(Ord. 2727 § 1 (part), 2008)

A. Any procurement of supplies, materials, equipment or services made in violation of the procedures set forth under this chapter or under the Purchasing Procedures Manual shall be void and not considered an obligation of the city. Furthermore, invoices issued without an authorized purchase order may be returned to the vendor or service provider unpaid. The person making the unauthorized purchase may also be held personally liable for the costs of the purchase or contract.

B. With respect to procurements authorized via purchase order, such purchase orders shall be issued prior to ordering supplies, equipment, materials or general services and not "after the fact" for work already performed or materials already supplied.

(Ord. 2727 § 1 (part), 2008)

A. City officials, officers and employees shall discharge their duties impartially so as to assure fair competitive access to the city procurement opportunities by responsible and responsive contractors, sellers and vendors. Moreover, they shall conduct themselves in such a manner as to foster public confidence in the integrity of city procurement activities.

B. No city official, officer or employee shall participate directly or indirectly in a city procurement when the employee knows that: (1) the official, officer or employee or any member of the official's, officer's or employee's immediate family has a financial interest pertaining to the procurement; or (2) the official, officer or employee or any member of the official's officer's or employee's immediate family is negotiating or has an employment arrangement which is contingent upon or will be affected by the procurement.

C. Upon discovery of an actual or potential conflict of interest, an employee shall promptly withdraw from further participation in the procurement.

D. No city official, officer or employee shall maintain a financial interest or stake in any contract where the approval of the contract in light of such interest would cause a violation of Section 1090 of the California Government Code.

E. No person shall offer, give or agree to give any city official, officer or employee any gratuity or offer of employment in connection with a procurement by the city.

F. For purposes of this section, the following terms shall have the meaning set forth below:

1. "Financial interest" means any (a) ownership of any interest or involvement in any relationship from which, or as a result of which, a person has received compensation within the past year, or is entitled to, or is currently receiving compensation; or (b) ownership, whether wholly or in part, of any property or business; or (c) status as an officer, director, trustee, partner, employee, agent or manager of a business.

2. "Immediate family" means any spouse, child or stepchild of a city officer, official or employee. The relationship of parent to child includes both natural and adoptive relationships.

3. "Gratuity" means a gift, payment, loan, advance, deposit of money, or service, presented or promised in return for or in anticipation of favorable consideration in the contracting process.

(Ord. 2727 § 1 (part), 2008)

A. For purposes of this chapter, the following words and phrases shall have the meaning set forth under this section:

1. The term "the Act" means and refers to the Uniform Public Construction Cost Accounting Act codified under the California Public Contract Code, Section 22000 et seq.

2. The terms "contract" or "agreement" mean any legally binding instrument to do or not do a certain thing. "Contract" and "agreement" are synonymous. The term "contract" includes but is not limited to, a purchase order, a contract for services, an addendum or change order, a letter agreement or a memorandum of understanding.

3. The term "equipment" means items that are durable, have a fixed life expectancy.

4. The term "general services" means and includes any work performed or services rendered by an independent contractor, with or without the furnishing of materials, including but not limited to the following:

a. Maintenance or nonstructural repair to city buildings, structures or improvements which do not require engineering plans, specifications or design, including but not limited to, unscheduled replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, plumbing services, elevator maintenance, custodial services and pest control;

b. Repair, modification and maintenance of city equipment and software;

c. Cleaning, testing, moving, removal or disposal (other than by sale) of city supplies, materials or equipment;

d. Repainting, care or maintenance of public grounds, including, but not limited to, trees, shrubbery, flowers, lawns;

e. Providing temporary clerical/administrative support services;

f. Providing other miscellaneous services to facilitate city operations;

g. Performing repair, demolition or other work required to abate nuisances under the El Monte Municipal Code;

h. Licensing software;

i. Leasing or rental of equipment (personal property) for use by the city;

j. A maintenance agreement for equipment owned or leased by the city;

k. The engagement musicians, musical groups, singers, dancers, and other performing artists providing live entertainment at city organized or city sponsored events or functions; or the engagement of artists for the creation and installation of original and unique works of art commissioned by the city (e.g., murals, paintings, photographs, sculptures, animation, etc.).

The term "general services" does not include "professional consulting services." The definition of the term "general services" may in certain instances overlap with the definition of the term "public project" and where such is the case the work or services in question shall be awarded and contracted in accordance with those provisions of this chapter governing "public projects."

5. The term "person" means any natural person, partnership, limited partnership, limited liability partnership, association, trust, family trust, corporation, limited liability corporation, labor union, committee, sole proprietorship, club, governmental entity, public entity or quasi-public entity.

6. The term "professional consulting services" as used in this chapter means services rendered persons or entities on an independent contractor basis where the service or function rendered is of an analytical nature; or where such services or functions essentially consist of the rendering of advice and opinion; and/or the exercise of judgment all based on the educational training, experience or specialized expertise of the person(s) rendering the advice and opinion or exercising judgment. The term "professional consulting services" does not include services rendered by a natural person pursuant to a direct employment arrangement, employment contract, collective bargaining agreement or collective bargaining memorandum of understanding.

7. The term "public project" shall have that meaning provided in Section 22002(c) of the California Public Contract Code as that section may be amended from time to time. As set forth under Section 22002(c) of the California Public Contract Code, the term "public project" does not include "maintenance work" as the term "maintenance work" is defined therein. The Purchasing Procedures Manual shall set forth concrete examples distinguishing "public projects" from "maintenance work."

8. The terms "purchase," "procure" or "procurement" mean the buying, renting, leasing, acquisition, licensing or trade of supplies, equipment, materials or services.

9. The terms "supplies" and "materials" mean and include office supplies, janitorial supplies, materials used for the maintenance of public works (e.g., cement, concrete, asphalt, gravel), goods, tools or other commodities used in the general conduct of the city's business that do not constitute equipment.

(Ord. 2727 § 1 (part), 2008; Ord. No. 3047, § 7, 4-16-2025)