La Puente Municipal Code Ch. 2.20 Purchasing

Sections:

• 2.20.010 Purpose.

• 2.20.020 Definitions.

• 2.20.030 Purchasing Officer—Powers and duties.

• 2.20.040 City Council authorizes City Manager to implement administrative regulations.

• 2.20.050 Signature authority.

• 2.20.060 Required forms.

• 2.20.070 Bidding—Procedures—When required.

• 2.20.080 Encumbered accounts and funds.

• 2.20.090 Formal bidding procedures.

• 2.20.100 Rejection of bids.

• 2.20.110 Recovered organic waste procurement.

• 2.20.115 Recycled content paper procurement.

• 2.20.120 Disposition of surplus personal property.

The purpose of this chapter is to establish efficient policies and procedures for the purchase of goods, services, services and equipment, to clearly define authority for city purchases, and to assure the quality of purchases.

Furthermore, it is the policy of the City of La Puente (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 This policy shall go into effect January 1, 2022 and remain in full force and effect until revised or repealed.

This Recovered Organic Waste Product Procurement Policy (policy) will help the city to protect and conserve natural resources, water, and energy; minimize the city's contribution to climate change, pollution, and solid waste disposal; and 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.

(Ord. 977 § 2, 2021)

In construing the provisions of this chapter, the following definitions are applicable:

"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.

“Bidder’s list” shall mean a list of responsible prospective vendors capable of providing the services or items being bid upon.

"City" means the City of La Puente.

"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.

(La Puente 4-22) 30

“Cooperative bid” is when several government agencies join together to create one bid document combining all agencies product volume for consideration of the bidder in determining the unit cost.

"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).

"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).

“Emergency” for purposes of public projects has that meaning provided in California Public Contract Code Sections 22035 and 22050.

“Equipment” means furnishings, machinery, vehicles, rolling stock, and other personal property used by the city in its operations.

“Goods”, also referred to as “supplies”, means office supplies, janitorial supplies, materials, tools, or other commodities used in the general conduct of the city’s business, excepting supplies or materials for a public work which is regulated under the California Public Contract Code Sections 20160, et seq.

“Maintenance work” has that meaning provided in section 22002(d) of the Public Contract Code, as that section may be amended from time to time, and shall include, but is not limited to, all of the following:

(1) Routine, recurring, and usual work for the cleaning, preservation, or protection of any publicly owned or publicly operated facility for its intended purposes.

(2) Minor repainting.

(3) Resurfacing of streets and highways at less than one (1") inch.

(4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.

"Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, 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.

"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).

“Piggyback” means use of another public agency’s existing contracting and/or bidding procedures to purchase the same product(s) as outlined in the awarding bid document.

"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).

"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.

“Professional services” means any work performed by an artist, attorney, doctor, architect, engineer, environmental consultant, land surveyor, construction manager, appraiser, expert, accounting firm, consultant or those services such as computer services, and transportation/transit operator services.

“Public works has meaning provided in Section 22002(c) of the Public Contract Code, as that section may be amended from time to time, and shall not include maintenance work. Public works shall include, but shall not be limited to, all 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.

"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.

“Purchase” includes renting, leasing, licensing, or a trade of equipment or supplies.

The “purchasing officer,” is the city manager or his/her designee.

"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.

"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.

"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).

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

"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).

"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.

"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):

1. Produced at one of the following facilities:

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

ii. 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,

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

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

"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.

"State" means the State of California.

(Ord. 977 § 2, 2021: Ord. 18-953 § 2 (part), 2018)

The purchasing officer shall have the authority to:

(a) Purchase or contract for needed city supplies, services, and equipment;

(b) Investigate, keep knowledgeable about, negotiate, and recommend on the execution of contracts or the purchasing of supplies, services, and equipment pursuant to the procedures of this chapter, and such administrative rules and regulations as promulgated by the city;

(c) Prescribe and maintain such forms as necessary for the proper operation of this purchasing system;

(d) Assist with the supervision and inspection of all supplies, general services, and equipment purchased under this chapter to assure conformance with city specifications;

(e) Supervise the transfer of surplus and unused supplies and equipment for sale or disposal of such;

(f) Maintain up-to-date bidder’s list, vendors’ catalogs, files, and such other records as needed to perform these duties;

(g) Ensure that purchasing specifications are written to encourage full competition;

(h) Perform such other tasks as may be necessary for the proper conduct of purchasing of supplies, services, and equipment.

(Ord. 18-953 § 2 (part), 2018)

The city council hereby authorizes the city manager to establish and maintain written administrative regulations and standards consistent with this chapter.

(Ord. 18-953 § 2 (part), 2018)

In accordance with Government Code Section 40602, the following officers are authorized to sign agreements pursuant to this chapter on the city’s behalf:

(a) The mayor;

(b) The city manager when directed to do so by resolution, ordinance, or by minute order of the city council;

(c) Department directors for agreements up to and including five thousand dollars ($5,000.00);

(Ord. 18-953 § 2 (part), 2018)

Pursuant to Public Contract Code Section 1600 and 1601, the city is authorized to utilize electronic means in the procurement and administration of contracts, in accordance with all applicable laws, rules and regulations. Without limiting the nature of the foregoing, the city may utilize online bidding and selling methods, electronic signature in accordance with applicable state, local and federal law, and electronic mail for delivery of notices when “mailed” notice is required herein. Whenever “sealed” bids or proposals are called for, any electronic means may be used so long as such electronic means provide for the secured submission of the required data. Whenever bids are required to be “opened”, such bids shall be deemed “opened” if and when they are made available to both the city and the public simultaneously, in a public setting, including, without limitation, by way of making such bids available in an electronic format that is readable by the public.

(Ord. 18-953 § 2 (part), 2018)

For purchases of less than twenty-five thousand dollars ($25,000), the purchasing officer shall use the following procedures.

(a) For purchases having an estimated value of one thousand dollars ($1,000.00) or less, informal quotes may be obtained from vendors, but are not required.

(b) For purchases having an estimated value of more than one thousand dollars ($1,000.00), but less than twenty-five thousand dollars ($25,000.00), firm quotes either received in writing or taken verbally but confirmed in writing, shall be obtained.

(c) At the purchasing officer’s discretion, purchases of less than twenty-five thousand dollars ($25,000.00), may be made in accordance with the provisions set forth in section 2.20.080.

(d) If two or more bids received are for the same total amount or unit price, quality and service being equal, the purchasing officer may accept either bid, or accept the lowest bid offered following negotiations with the tie bidders.

(Ord. 18-953 § 2 (part), 2018)

Purchases with an estimated value of twenty-five thousand dollars ($25,000) or more shall be made as follows:

(a) Purchases of twenty-five thousand dollars ($25,000) or more require city council approval.

(b) A “notice inviting bids” shall be prepared and shall include a general description of the goods or services to be purchased or sold, where bid instructions and specifications may be obtained, the time and place for bid openings, and whether a bid deposit or bond, or other security, such as performance, payment or maintenance bonds, will be required.

(c) A “notice inviting bids” shall be advertised at least once in a Newspaper of general circulation in the city at least ten (10) days prior to the opening of bids. The purchasing officer may advertise the “notice inviting bids” in applicable publications and websites accessible to the public.

(d) When required by law or deemed appropriate by the purchasing officer, and if included in bid instructions, bidders shall submit a bid deposit or bond in an amount determined by the purchasing officer. Bidders shall be entitled to return of bid security, except that a successful bidder (and a successful bidder’s - surety, if a bid bond is required) shall be liable for any damages suffered or incurred by the city upon refusal or failure to execute a contract within ten days after the notice of award of contract has been mailed, unless the city is responsible for the delay.

(e) The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder following a forfeit of the bid security by the lowest bidder, the amount of the lowest bidder’s bid security shall be applied by the city to the difference between the low bid and the second lowest bid; the surplus, if any, shall then be returned to the lowest bidder.

(f) When deemed appropriate by the purchasing officer, and if included in bid instructions, any person or entity entering into a contract with the city shall furnish a faithful performance deposit or bond in an amount determined by the purchasing officer.

(g) Sealed bids shall be submitted to the purchasing officer and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be available for public inspection in accordance with the California Public Records Act.

(h) Award of contracts/minor irregularities. Contracts may be awarded by the city council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended. The city council may waive any bid defect or irregularity.

(i) Tie bids. If two 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 or re-advertising for bids, the city council may accept either bid, or accept the lowest bid offered following negotiations with the tie bidders.

(j) Performance/labor/materials bonds. A labor and materials bond, plus a performance bond may be required, from an acceptable surety, in such amounts and in such a form as the purchasing officer finds reasonably necessary to protect the public interest.

(Ord. 18-953 § 2 (part), 2018)

Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and requirements of this chapter may be dispensed within any of the following instances:

(a) Under one thousand dollars. When the estimated amount involved is one thousand dollars ($1,000) or less;

(b) Sole source. When the commodities or services are unique and can only be obtained from one vendor.

(c) Interagency purchases. The contracting of materials, supplies, equipment or services from other governmental agencies.

(d) Emergency purchase. The city manager may authorize the purchase of materials, supplies, and equipment, when an emergency is deemed to exist and it is determined that service involving the public health, safety, or welfare would be interrupted if the normal procedure were followed. A declaration of emergency as set forth in this code is conclusive evidence of such an event. All emergency purchases which would otherwise require formal bidding procedures made pursuant to this section shall be submitted to the city council for ratification at the next regular city council meeting after the purchase is authorized for which legally required meeting notice can be provided;

(e) Cooperative or piggyback purchasing. When the Purchasing Officer identifies a cooperative competitive bidding procedure or a “piggyback” contract prepared by and processed through another local, state, or federal governmental agency or a cooperative purchasing entity set up by or utilized by such governments or public agencies, and where the piggyback contract has gone through the competitive bidding process of that entity. Under such circumstances, the city may join into an existing written purchase contract obtained within the last thirty-six (36) months;

(f) Professional services. Agreements for professional may be executed without observing the bidding procedures provided in this chapter if the city manager determines that an informal or formal competitive process is unnecessary because a professional services provider is the best provider for a particular agreement based on some or all of these factors: demonstrated competence; qualifications for the types of services to be performed; experience; knowledge of the city due to a long-standing relationship; reasonableness of cost to perform work; or other similar relevant criteria.

(g) Public works projects. Public works projects of forty-five thousand dollars ($45,000) or less may be performed by the employees of the city by force account, by negotiated contract or by purchase order. In addition, the city may, but shall not be legally required to, use one of the procurement methods set forth in this chapter.

(Ord. 18-953 § 2 (part), 2018)

The city council may, for any reason, reject all bids presented and use whatever method it deems appropriate, such as rebid, abandon acquisition, or negotiate a contract to complete the purchase.

(Ord. 18-953 § 2 (part), 2018)

a. Procurement target.

1. 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.

2. 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):

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

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

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

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

b. Requirements for city departments.

1. Compost and SB 1383 eligible mulch procurement. Divisions and departments responsible for landscaping maintenance, renovation, or construction shall:

i. 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).

ii. 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:

iii. For landscape installations, compost at a rate of a minimum of 4 cubic yards per 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 percent (6%) organic matter in the top six (6) inches of soil are exempt from adding compost and tilling.

iv. Apply a minimum three- (3-) 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 percent (5%) of the landscape area without mulch. Designated insect habitat must be included in the landscape design plan as such.

v. 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.

vi. 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).

c. 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:

1. 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.

2. 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.

3. 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.

d. 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.

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

ii. 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.

4. 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.

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

i. 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.

ii. 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.

iii. 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 percent (25%) 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.

iv. 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).

v. 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.

e. 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.

f. 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 4 cubic yards per 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 percent (6%) organic matter in the top six (6) inches of soil are exempt from adding compost and tilling.

B. Apply a minimum three- (3-) 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 percent (5%) 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).

g. 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:

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

2. 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;

• 3. Type of product;
• 4. Quantity of each product; and,
• 5. Invoice or other record demonstrating purchase or procurement.

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

1. 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.

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

i. Dates provided

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 provided; and,

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

i. Renewable gas procurement by direct service providers.

1. 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.

2. 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.

(Ord. 677 § 2, 2021)

a. Requirements for city departments.

(1) 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 percent (30%), 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.

(2) 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).

(3) 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.

b. Requirements for vendors

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

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

ii. 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).

iii. 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.

iv. 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).

v. 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.

2. 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 percent (30%), by fiber weight, postconsumer fiber, or as amended by Public Contract Code Section 12209.

(Ord. 677 § 2, 2021)

(a) At such times as determined by the purchasing officer, reports shall be prepared showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The purchasing officer shall have the authority to sell, trade or exchange all supplies and equipment. All surplus property valued at more than five hundred ($500.00) dollars requires a council resolution declaring it surplus.

(b) Disposition. The purchasing officer is hereby authorized to dispose of surplus goods which are not used or needed or which have become unsuitable for city use. Such goods may be disposed of by any of the following procedures:

(1) Exchanged or traded in on new goods;

(2) Sold utilizing competitive procedures similar to those prescribed herein for open market procurement;

(3) Sold at public auction conducted by a professional auctioneer;

(4) Sold utilizing a negotiation process when the purchasing officer deems that such process is in the best interests of the city;

(5) Disposed of as scrap material or destroyed if no resale value exists; or

(6) Donated to a non-profit organization or other public entity following a city council determination that such donation serves a public purpose.

(Ord. 18-953 § 2 (part), 2018)

(a) The Administrative Services Department 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.

(b) 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:

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(Ord. 677 § 2, 2021)