Chapter 34 — FINANCE AND REVENUE

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DEMAND. A demand, claim, or account.

PERSON. A person, public officer, firm, corporation, company, or association. ('65 Code, § 3-2.01) (Ord. 448-C.S., passed 4-18-95)

No city officer shall present any demand for allowance against the city except for his own service or expenses incurred by him or her on behalf of the city; nor shall any city officer in any way, except in the discharge of his or her official duty, advocate the relief asked in any demand made by any other person. ('65 Code, § 3-2.02) (Ord. 448-C.S., passed 4-18-95)

(A) The Council shall not ratify, hear, consider, credit, audit, or allow any demand in favor of any person against the city unless the same is itemized giving the check number, date of check, vendor name, a brief description of services rendered or materials furnished, and price to be paid therefor and unless the demand is presented to and filed with the Finance Director within one year after the last item of the demand occurred.

(B) If the Council does not ratify a demand for the reason that it is not so itemized, the Council shall cause notice of that fact to be given to the claimant or his or her attorney and shall allow time to have the same itemized.

('65 Code, § 3-2.03) (Ord. 448-C.S., passed 4-18-95)

No demand shall be audited, passed upon, or ratified by the Council unless it is in the form set forth in this chapter and presented to and filed with the Finance Director 10 days prior to the meeting of the Council at which the demand is to be presented.

('65 Code, § 3-2.04) (Ord. 448-C.S., passed 4-18-95)

(A) All demands authorized by any department of the city, or chargeable to any such department shall be presented to the head of such department before filing the same with the Finance Director. The department head or his designee shall note thereon the date received, promptly check and verify the same, and, if found authorized, correct, and legal, endorse approval thereon over his or her signature or initials along with the date of such approval. The department head shall forthwith forward the same to the Finance Director. (B) All demands which heads of departments decline to approve, and all demands arising out of matters not contracted for by any department of the city, shall be presented to and filed with the Finance Director.

('65 Code, § 3-2.05) (Ord. 448-C.S., passed 4-18-95)

(A) Verification. Upon presentation of any demand, the Finance Director shall cause the same to be stamped, showing the date and time of filing, and shall examine and verify it as to its validity, accuracy, certification, and required previous approval and shall prepare for signature and ratification, a check for such demand.

(B) Form of check. Such check shall specify in whose favor it is drawn, the purpose for which it is drawn, the amount thereof, and the bank out which it is payable when executed and approved.

(C) Check register. The Finance Director shall note such demands and checks upon a register, which may be in the form of a computer printout, setting forth the number of the check, in whose favor the check is drawn, and the amount thereof, and of the bank out of which the check is payable, and shall certify thereon by his or her signature that the demands are correct as to computations and required previous approvals.

('65 Code, § 3-2.06) (Ord. 448-C.S., passed 4-18-95)

All demands so presented shall be reviewed by the Council and, if found authorized, correct, and legal, shall be ratified by the Council. Such action of the Council shall be evidenced by a motion entered in its minutes, which motion may be embodied in a motion to approve the Council's consent calendar. ('65 Code, § 3-2.07) (Ord. 448-C.S., passed 4-18-95)

Any person may appear before the Council and oppose the allowance of any demand made against the city. ('65 Code, § 3-2.08) (Ord. 448-C.S., passed 4-18-95)

The City Manager shall promulgate administrative regulations which prescribe a method of drawing checks in payment of demands allowed and ordered paid; provided, however, such method shall require the manual, mechanical, or electronic signature of at least one officer who has executed an official bond to the city covering the faithful performance by such officer of the duties of his or her office as provided in Cal. Gov't Code § 37203. ('65 Code, § 3-2.09) (Ord. 448-C.S., passed 4-18-95; Am. Ord. 657, passed 11-5-19)

The check register for the current period shall be included in the City Council agenda packets. ('65 Code, § 3-2.10) (Ord. 448-C.S., passed 4-18-95)

All demands for services rendered or materials supplied by any city department, the expenses of which are payable out of a separate fund, shall be presented in the name of, and the check drawn or journal entry payable to, the City of San Gabriel, designating the department to which the demand shall be payable. ('65 Code, § 3-2.11) (Ord. 448-C.S., passed 4-18-95)

The provisions of this subchapter shall not be construed as preventing the payment by the City Treasurer of the bonded indebtedness of the city, and the interest coupons thereof, or the payment of bonded indebtedness and coupons in accordance with the laws authorizing the issuance of bonds. ('65 Code, § 3-2.12) (Ord. 448-C.S., passed 4-18-95)

PURCHASING PROCEDURE

The provisions of this chapter are adopted in accordance with the provisions of Cal. Gov't Code §§ 54201 through 54205. This chapter is not intended to cover the expenditures of funds for public projects which are covered by the provisions of Cal. Pub. Con. Code §§ 20160 et seq., except the bid opening procedures for such projects shall conform to the provisions of § 34.31.

('65 Code, § 2-7.01) (Ord. 448-C.S., passed 4-18-95; Am. Ord. 657, passed 11-5-19)

The responsibility and authority for the purchasing of supplies, equipment and services is vested in the City Manager, or such other person as the City Manager may designate, who shall be the Purchasing Officer of the city.

('65 Code, § 2-7.02) (Ord. 448-C.S., passed 4-18-95; Am. Ord. 657, passed 11-5-19)

The duties and responsibilities of the Purchasing Officer shall be to:

(A) Purchase or contract for all supplies, equipment, and contractual personal services, excluding professional services, needed by any using city department or agency which derives its support wholly or in part from the city, in accordance with the purchasing procedures prescribed by this chapter, relevant administrative regulations, and such rules and regulations as the Purchasing Officer may adopt;

(B) Negotiate and recommend the execution of contracts for the purchase of supplies and equipment;

(C) Act to procure for the city acceptable quality in supplies and equipment at the least expense to the city;

(D) Discourage uniform bidding and induce full competition on all purchases;

(E) Adopt administrative regulations, from time to time, governing the purchase of supplies and equipment for the city;

(F) Keep informed of current developments in the field of purchasing, prices, market conditions, and new products;

(G) Prescribe, design, and issue forms needed for the operation of this chapter and other applicable rules and regulations;

(H) Regulate the transfer of surplus property between departments as needed or sell or otherwise dispose of such surplus property;

(I) Maintain a bidders' list, vendors' catalog file, or other records as the Purchasing Officer deems necessary; and

(J) Assure that every bidder complies with all applicable municipal, state and federal regulations.

('65 Code, § 2-7.03) (Ord. 448-C.S., passed 4-18-95; Am. Ord. 657, passed 11-5-19)

The Purchasing Officer shall develop administrative regulations and procedures that cover the following steps:

(A) Determinations of requirements by the Purchasing Officer and using agency;

(B) Negotiations for procurements;

(C) Referral of bids to the using department or agency for analysis and recommendation;

(D) Award of purchase orders or contracts;

(E) Supervision of receipt and acceptance procedures; and

• (F) Approval of invoices for payment.

('65 Code, § 2-7.04) (Ord. 448-C.S., passed 4-18-95; Am. Ord. 657, passed 11-5-19)

(A) As needed, the Purchasing Officer, in conjunction with the using department or agency, shall develop standard specifications for repetitively procured items and service.

(B) Every specification shall be prepared to assure the broadest possible bidder participation consistent with the needs of the using agency.

(C) Alternate specification provisions for any particular bid invitation may be established by concurrence of the Purchasing Officer and the requisitioning department or agency. ('65 Code, § 2-7.05) (Ord. 448-C.S., passed 4-18-95; Am. Ord. 657, passed 11-5-19)

The Purchasing Officer shall approve purchase orders only in consequence of having received a prepared purchase order from the requisitioning department or agency. The Purchasing Officer shall supply purchase order forms and administer their usage in accordance with applicable regulations. ('65 Code, § 2-7.06) (Ord. 448-C.S., passed 4-18-95; Am. Ord. 657, passed 11-5-19)

Except as otherwise provided herein, purchases of supplies, general services and equipment of an estimated value greater than $25,000 shall be by formal sealed written competitive bids. Awards for such expenditures shall be made by the Council to the lowest responsible bidder in accordance with the following provisions:

(A) Lowest responsible bidder. As used in this chapter, LOWEST RESPONSIBLE BIDDER shall mean that bidder whose bid best serves the interests of the city in the opinion of the Council and the Purchasing Officer based upon considerations of price, quality, service, fitness, ability of the bidder to deliver, ability of the bidder to deliver on time and within budget, availability of parts and/or service, prior experience with the bidder, and any other factors relating to the particular needs of the city for the supplies or equipment to be purchased.

(B) Notices inviting bids. Notices inviting bids shall be posted at least ten days before the date of opening of the bids on the city's website and shall be posted in at least one public place in the city that has been designated for the posting of public notices. The notice shall include a general description of the articles to be purchased, shall state where bid forms and specifications may be secured, and give the time and place for receipt and opening of the bids. All such bids shall be filed with the City Clerk and opened by the City Clerk at the time and place specified in the notices inviting bids. Any bidder may be present during such bid opening and may inspect any bids received. The Purchasing Officer shall evaluate all bids and present his/her recommendation as to the lowest responsible bidder to the Council, together with a summary of all bids received.

(C) Bidders list. When the Purchasing Officer elects to establish a bidders list, he or she shall also solicit sealed bids from all responsible prospective suppliers whose names are on the "bidders list," or who have made written requests that their names be added thereto, except those removed from the list for cause.

(D) Bidder's security. When deemed necessary by the Purchasing Officer, bidder's security may be prescribed in the notices inviting bids. Bidders shall be entitled to the return of bid securities, provided, however, a successful bidder shall forfeit his or her bid security upon refusal or failure to execute the contract within the time designated in the bid specifications. The Council, on refusal or failure of the successful bidder to execute the contract, may award the contract to the next lowest responsible bidder. If the Council awards the contract to the next lowest 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.

ure of the successful bidder to execute the contract, may award the contract to the next lowest responsible bidder. If the Council awards the contract to the next lowest 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.

(E) Waivers . In the event the Council finds that it is in the public interest and necessity to purchase supplies, services, or equipment without compliance with the formal contract procedures set forth in this section, the Council may waive such procedures.

(Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19; Am. Ord. 713, passed 9-17-24)

Subject to other applicable provisions of this chapter:

(A) Open market purchases for goods, supplies, equipment and services not exceeding $25,000 may be made by the Purchasing Officer pursuant to the procedures set forth in this section without observing the procedures set forth in § 34.31.

(B) Purchase of goods, supplies, equipment, and general services for amounts greater than $5,000 but no more than $25,000 shall be based on informal written bids and shall be awarded by the Purchasing Officer to the lowest responsible bidder.

(C) Procurement of professional or specialized services for amounts over $5,000 but not more than $25,000 shall be based on at least three informal written bids and awarded by the Purchasing Officer in accordance with § 34.33.

(D) Purchases of supplies, equipment, and services having a total purchase price of $5,000 or less may be purchased on the open market free of bidding requirements.

(E) Exclusions as provided in § 34.35 may be applied to open market purchases as best benefits the city.

(Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19; Am. Ord. 713, passed 9-17-24)

Services of a professional nature or specialized services including, but not limited to, services rendered by artists, performers, architects, attorneys, accountants, auditors, engineers and other professional consultants shall be selected on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required, negotiated between parties rather than on the basis of cost alone. Therefore, the purchasing officer or the City Council is not limited to awarding professional services contracts to the lowest responsible bidder. Contracts of less than $25,000 shall not require City Council approval and will follow the open market procedure for bidding; the Purchasing Officer is authorized to execute such contact. Award of contracts for $25,000 or more shall be by formal written proposals in response to a request for proposals, where possible, and will be made by the City Council.

(Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19; Am. Ord. 713, passed 9-17-24)

In order to promote the economic health of the city and to encourage local participation in the procurement process, the city, in determining the lowest responsible bidder, may take into consideration the sales tax which would be returned to the city as a result of the award unless prohibited by grant, state, or federal regulations or the vendor is unable to meet delivery date needs of the city.

(Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19)

(A) Items that do not lend themselves to competitive bidding. Items such as subscriptions, dues to approved organizations, conference expenses, insurance payments, employee benefits, newspaper advertisements and notices, payments to other government units, utility service payments, postage, and the like.

(B) Cooperative and piggyback purchasing. The bidding requirements of this subchapter shall not apply to purchasing of any equipment or supplies which the purchasing agent determines to be in the best interest of the city obtained through a cooperative competitive bidding procedure or a "piggyback" contract prepared by and processed through another local, state, or federal governmental agency or joint powers authority made up of government agencies, including but not limited to the California Multiple Award Schedules (CMAS), California Communities, US Communities, General Services Administration (GSA) or Government Wide Acquisition Contracts (GWAC). The proposed contract should be based on at least three bids from contractors identified in such purchasing agreements or cooperatives. Purchases in excess of $25,000 require City Council approval.

(C) Sole source purchases . Purchases of materials, supplies and equipment if it can be obtained from only one manufacturer or vendor including proprietary items sold directly from the manufacturer, items that have only one distributor authorized to sell in this area, or items that perform a complex or unique function. Also includes upgrades, alterations, additions, deletions, to an existing proprietary article or process, or in which a warranty, guarantee or other assurances could be voided. Purchases in excess of $25,000 require City Council approval.

(D) Contracting for services in which an applicant deposits 100% of the costs of such service and agrees to replenish a deposit account for any additional costs incurred under the professional service agreement. The professional services to be contracted shall be contractually obligated to the city for purposes of oversight and supervision, not the

applicant, and no public funds will be a source of any payment to the service provider under that specific contract. These contracts do not require City Council approval regardless of dollar amount.

(Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19; Am. Ord. 713, passed 9-17-24)

(A) If opportunities arise to purchase used equipment, such equipment may be purchased without competitive bidding, provided all the following conditions are met: (1) The equipment being sold is warrantied or, in the case of an "as is, where-is" purchase, there is an inspection by a qualified party who certifies that the condition of the item is acceptable and adequate for efficient city use;

(2) The dealer/seller of the equipment is a bona-fide and reputable dealer as verified through reference checks or the equipment is being purchased from another governmental entity;

(B) If the purchase price is greater than $25,000, City Council approval in advance of the purchase is required.

(C) Justification for the sole source purchase of used equipment must be documented and maintained as part of the procurement file. It is not allowable to purchase used equipment when procedures for the acquisition of new equipment have been circumvented to avoid the competitive bidding process.

(Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19; Am. Ord. 713, passed 9-17-24)

(A) When an emergency requires immediate purchase of supplies and equipment, the department concerned shall, after approval by the City Manager, or acting City Manager, or in the event of his or her absence or unavailability, the Finance Director, or, in the case of the absence of both, on its own authority, immediately deliver a purchase order to the City Manager's office, which will expedite verification of funds available and complete the preparation of the purchase order, returning the vendor's copy to the ordering department "on the spot" to enable an immediate purchase.

(B) If, at the time of the emergency, the Purchasing Officer is unavailable, the department head, having obtained prior approval in accordance with the provisions of divisions (A) above, may order immediately the needed commodity from the nearest available source. As soon as possible thereafter, the department head shall submit to the Purchasing Officer a requisition having the approval of the City Manager and a notation that the commodity has been ordered on an emergency basis from the vendor designated.

(C) For purposes of this section, an emergency shall be deemed to exist only if:

(1) There is great public calamity; or

(2) There is an immediate need to prepare for national or local defense; or

(3) There is a breakdown in machinery or essential service which requires the immediate purchase of supplies or equipment to protect the public health, welfare, or safety; or (4) An essential departmental operation affecting the public health, welfare, or safety would be greatly hampered if the prescribed purchasing procedure would cause an undue delay in the procurement of the needed item.

('65 Code, § 2-7.11) (Ord. 448-C.S., passed 4-18-95; Am. Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19)

In accordance with Cal. Gov’t Code § 40601, the Purchasing Officer is authorized to sign and execute all contracts pursuant to this subsection for $25,000 or less. The City Manager is authorized to sign and execute all contracts greater than $25,000 pursuant to this subchapter after City Council award. (Ord. 657, passed 11-5-19; Am. Ord. 713, passed 9-17-24)

Purchases of supplies and equipment shall be made in accordance with prescribed administrative regulations governing the preparation and issuance of purchase orders. Except as otherwise provided in this chapter, the administrative regulations shall establish responsibilities for processing purchase orders, and no exception may be made unless specifically provided for in the regulations.

(65 Code, § 2-7.09) (Ord. 448-C.S., passed 4-18-95; Am. Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19)

No acquisition of equipment, materials, supplies, or contractual services from a single vendor or provider shall be accomplished by the issuance of several purchase orders for portions thereof.

(Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19)

The using department shall inspect supplies and equipment upon receipt to verify that they conform in quantity and quality with the specifications accompanying the purchase order. Before payment is authorized, satisfactory receipt of goods shall be established as prescribed in the administrative regulations governing the processing of purchase orders. (65 Code, § 2-7.10) (Ord. 448-C.S., passed 4-18-95; Am. Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19)

(A) Selected commodities with recurring high usage rates may be stocked and issued from a central warehouse under the direction and control of the Purchasing Officer. The Purchasing Officer shall examine the usage rates for various commodities and, in coordination with the using departments, expand or reduce the quantities and types of items in central stores.

(B) Central stores items shall be replenished as needed through regular purchasing procedures. The inventory levels of commodities on hand shall be determined by the Purchasing Officer, based upon economic and demand factors.

(C) Detailed instructions for ordering and accounting methods shall be set forth in administrative regulations governing the central stores operation. (65 Code, § 2-7.12) (Ord. 448-C.S., passed 4-18-95; Am. Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19)

Subject to the purchasing procedures of this chapter and the administrative regulations promulgated thereunder, expenditures not exceeding $25,000 may be approved by the City Manager subject to budgetary provisions, and expenditures of $25,000 or more, which are subject to the purchasing provisions of this chapter, shall require the approval of the Council prior to the issuance of a purchase order.

(65 Code, § 2-7.13) (Ord. 448-C.S., passed 4-18-95; Am. Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19; Am. Ord. 713, passed 9-17-24)

All using agencies shall file detailed estimates of their requirements for supplies and equipment in such a manner, at such time, and for such future periods as the City Manager shall request.

(65 Code, § 2-7.14) (Ord. 448-C.S., passed 4-18-95; Am. Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19)

Each using agency shall submit at least annually to the City Manager, in the form and manner he or she shall prescribe, reports describing all supplies, equipment, materials, fixtures, and other personal property of the city in the agency's custody which is surplus to need or which has become obsolete or unserviceable.

(A) Subject to the provisions of division (E) of this section, the City Manager is authorized, from time to time, to sell or exchange any and all equipment, materials, fixtures, and other personal property of the city having a salvage value and which is obsolete or unserviceable, or is surplus to the city, or for which replacement is to be purchased. The City Manager may sell the same for the best price obtainable in the open market or, when he or she deems it advisable, to the highest bidder at a public sale, or he or she may exchange the same for other property or for credit on other property.

(B) In the event the City Manager determines that any such obsolete or surplus property has no salvage value, he or she may dispose of it as he or she deems advisable.

(C) All sales shall be for cash or by certified check, guaranteed check, or money order payable to the city.

(D) The City Manager shall have the authority to sign bills of sale and other papers or documents evidencing transfer of title of such property for and on behalf of the city.

(E) Prior to disposing of any obsolete or surplus personal property having an apparent market value in excess of $25,000, the City Manager shall inform the Council of the nature of the personal property proposed for disposition and the price offered and obtain the Council's approval for disposition.

(65 Code, § 2-7.15) (Ord. 448-C.S., passed 4-18-95; Am. Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19; Am. Ord. 713, passed 9-17-24)

The offer of any gratuity to an official or employee by any vendor or contractor, or perspective vendor or contractor, shall be cause for declaring such individual or firm to be an irresponsible bidder. Promotional items of nominal value, such as pens, notepads, etc., shall not constitute a gift if received as a non-personal item by the officer or employee, and the item is distributed to customers or potential customers routinely by the contributor.

(Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19)

Changes in the general method or policy of purchasing and the operation of central stores shall be made by amending the provisions of this chapter. Operational policies and procedures necessary for the effective and efficient operation of the purchasing function as set forth herein shall be by shall be set by council resolution. Changes affecting only details or forms used in the administration of the provisions of this chapter concerning purchasing and central stores may be initiated by the City Manager as administrative revisions to the pertinent procedural regulations.

(65 Code, § 2-7.16) (Ord. 448-C.S., passed 4-18-95; Am. Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19)

FUNDS

(A) Created. Pursuant to the provisions of Cal. Gov't Code §§ 53730 through 53737, and subject to the limitations therein stated, there is hereby created in the city treasury a special fund to be known as the Special Fund for Capital Outlays. ('65 Code, § 3-4.101)

(B) Purpose. The fund shall remain inviolate for the making of such capital outlays as the Council shall direct to be made from the fund. Money shall not be disbursed therefrom for any other purpose except upon the consent of the electors obtained as provided by the provisions of the California Government Code. ('65 Code, § 3-4.102)

(C) Levy of taxes. The Council may include in its annual tax levy taxes for the raising of money for such fund; provided, however, no levy so made shall exceed the limitations imposed by the general laws of the state upon the right of the city to impose taxes without the assent of two-thirds of the qualified electors of the city voting at any general or special election at which such proposition may be submitted. ('65 Code, § 3-4.103)

(D) Transfer of funds. The Council may transfer to such fund any portion or all unencumbered surplus funds remaining on hand at the end of any fiscal year. ('65 Code, § 3- 4.104)

(Ord. 874, passed - - )

The Finance Director may establish such special funds as may be required by law, administrative regulation or generally accepted governmental accounting practice.

OFFICIAL BONDS

The Finance Director and the City Treasurer shall each execute a bond to the city, issued by a surety company authorized to do business in the state, for the faithful performance of the duties of their respective offices in the penal sums set opposite the names of their offices as follows:

(A) Finance Director $ 250,000

(B) City Treasurer $ 250,000

('65 Code, § 3-5.01) (Ord. 612, passed - - ; Am. Ord. 664, passed - - ; Am. Ord. 727, passed - - ; Am. Ord. 821, passed - - )

All other officers and employees of the city, including deputies of the Finance Director and City Treasurer, shall be covered by an honesty position bond, issued by a surety company authorized to do business in the state, for the faithful performance of the duties of their respective offices or employment in the penal sum of $100,000 each. ('65 Code, § 3-5.02) (Ord. 612, passed - - ; Am. Ord. 664, passed - - ; Am. Ord. 728, passed - - )

Cross-reference:

City officials, see Ch. 31 Personnel policies, see Ch. 38

The bonds required by the provisions of this subchapter shall be in the manner and form as set forth in Cal. Gov't Code §§ 36518 through 36521, and the premiums therefor shall be paid by the city.

('65 Code, § 3-5.03) (Ord. 612, passed - - )

PUBLIC PROJECTS BIDDING PROCEDURES

Pubic projects, as defined in the Uniform Public Construction Cost Accounting Act, Cal. Pub. Con. Code §§ 22000 et seq., and in accordance with the limits listed in Cal. Pub. Con. Code § 22032, may be let to contract by informal procedures as set forth in Cal. Pub. Con. Code §§ 22032 et seq. (Ord. 570-C.S., passed 6-3-08; Am. Ord. 657, passed 11-5-19)

A list of contractors shall be developed and maintained in accordance with Cal. Pub. Con. Code § 22034 and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

(Ord. 570-C.S., passed 6-3-08; Am. Ord. 657, passed 11-5-19)

Where a public project is to be performed which is subject to the provisions of this subchapter, a notice inviting formal bids shall be mailed, faxed, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with § 34.76, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Cal. Pub. Con. Code § 22036. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids, 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 mailed, faxed, or emailed only to the construction trade journals specified by the Commission.

(B) If the 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 mailed, faxed, or emailed exclusively to such contractor or contractors.

(Ord. 570-C.S., passed 6-3-08; Am. Ord. 657, passed 11-5-19)

The City Purchasing Officer, City Manager, and the Public Works Director are each authorized to award informal contracts pursuant to this subchapter. (Ord. 570-C.S., passed 6-3-08; Am. Ord. 657, passed 11-5-19)

RECOVERED ORGANIC WASTE

(A) Purpose. It is the policy of 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:

ANNUAL RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT TARGET. 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 § 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.

CITY. The City of San Gabriel

COMPOST. Means:

(a) 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 § 17896.2(a)(4).

(b) 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.

DIRECT SERVICE PROVIDER. 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 § 18982(a)(17).

ELECTRICITY PROCURED FROM BIOMASS CONVERSION. 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 § 18993.1(i).

ORGANIC WASTE. 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 § 18982(a) (46). Biosolids and digestate are as defined in 14 CCR § 18982(a)(4) and 14 CCR § 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 § 18982(a)(51).

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 § 18982(a)(54).

PROCUREMENT OF RECOVERED ORGANIC WASTE PRODUCTS. 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.

PUBLICLY-OWNED TREATMENT WORKS or POTW. Has the same meaning as in § 403.3(r) of Title 40 of the Code of Federal Regulations.

RECOVERED ORGANIC WASTE PRODUCTS. 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 § 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.

wise defined in 14 CCR § 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.

RECORDKEEPING DESIGNEE. 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.

RECYCLABILITY. 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 § 260.12 (2013).

RECYCLED-CONTENT PAPER PRODUCTS AND RECYCLED-CONTENT PRINTING AND WRITER PAPER. Such products that consist of at least 30%, by fiber weight, postconsumer fiber, consistent with the requirements of Cal. Public Contract Code §§ 22150 to 22154 and §§ 12200 and 12209, and as amended.

RENEWABLE GAS. 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 § 18982(a)(62).

SB 1383. Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Cal. Health and Safety Code §§ 39730.5, 39730.6, 39730.7, and 39730.8, and added Cal. Public Resources Code Chapter 13.1 (commencing with § 42652) to Part 3 of Division 30, 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 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. SB 1383 ELIGIBLE MULCH. 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 § 18993.1(f)(4):

• (a) Produced at one of the following facilities:

1. A compostable material handling operation or facility as defined in 14 CCR § 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 § 17852(a)(10);

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

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

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

STATE. The State of California.

(C) Recovered organic waste product procurement.

(1) Procurement target.

(a) 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 divisions (C) through (E) of this section.

(b) 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 division (B) of this section):

1. SB 1383 eligible compost.

2. SB 1383 eligible mulch.

3. Renewable gas in the form of transportation fuel, electricity, or heat.

4. Electricity procured from biomass conversion.

• (2) Requirements for city departments.

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

1. Use compost and SB 1383 eligible mulch produced from recovered organic waste 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 § 17852(a)(24.5)(A)(1) through (3).

2. 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) § 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:

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

• (c) 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 5% of the landscape area without mulch. Designated insect

habitat must be included in the landscape design plan as such.

(d) Procure organic mulch materials made from recycled or postconsumer materials rather than inorganic materials or virgin forest products unless the recycled postconsumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances. (e) 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 § 17852(a)(24.5)(A)(1) through (3). (f) 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: a. General description of how and where the product was used and applied, if applicable; 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. 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 this section. 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 § 18993.1, as it may be amended from time to time. (g) 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: 1. Definitions and specifications for SB 1383 eligible mulch, compost, renewable gas, and/or electricity procured from biomass conversion; and 2. 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: (a) 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 § 18993.1. (b) Keep records in the same manner indicated in this section for the amount of renewable gas procured and used by the city, including the general procurement record information specified in this section, 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 this section, if applicable. (c) If the city procures renewable gas from a POTW: 1. Annually verify that the renewable gas from the POTW complies with the requirements specified in 14 CCR § 18993.1(h), including, but not limited to the exclusion in 14 CCR § 17896.6(a)(1) and the items listed in this section. 2. Annually receive a record from the POTW documenting the tons of organic waste received by the POTW from: a. A compostable material handling operation or facility as defined in 14 CCR § 17852(a)(12), other than a chipping and grinding operation or facility as defined in 14 CCR § 17852(a)(10), that is permitted or authorized under 14 CCR Division 7; b. Transfer/processing facility or transfer/processing operation as defined in 14 CCR § 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 Cal. Public Resources Code § 40195.1 that is permitted under 27 CCR Division 2. 3. 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 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 § 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 § 18983.1(b). Alternative daily cover or alternative intermediate cover are defined in 27 CCR §§ 20690 and 20700, respectively. 4. Annually receive documentation that the POTW receives vehicle-transported solid waste that is an anaerobically digestible material for the purpose of anaerobic codigestion with POTW treatment plant wastewater to demonstrate that the POTW meets the requirement of 14 CCR § 18993.1(h)(2).

ative daily cover or alternative intermediate cover are defined in 27 CCR §§ 20690 and 20700, respectively. 4. Annually receive documentation that the POTW receives vehicle-transported solid waste that is an anaerobically digestible material for the purpose of anaerobic codigestion with POTW treatment plant wastewater to demonstrate that the POTW meets the requirement of 14 CCR § 18993.1(h)(2).

5. The city shall submit these records to the recordkeeping designee on an annual basis, not to exceed 20 days from receipt of notification from the POTW. (4) Electricity procured from biomass conversion. For electricity procured from biomass conversion, the city shall:

(a) 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 § 18993.1.

• (b) Maintain records and conduct the following recordkeeping activities: 1. Keep records in the same manner indicated in this section for the amount of electricity procured from biomass conversion facilities, including the general procurement record information specified in this section. 2. 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 § 18993.1(i).

3. Provide these records to the recordkeeping designee.

• (D) Requirements for direct service providers.

• (1) Direct service providers of landscaping maintenance, renovation, and construction shall:

(a) Use compost and SB 1383 eligible mulch, as practicable, produced from recovered organic waste 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 § 17852 (a)(24.5)(A)(1) through (3).

• (b) If direct service provider is subject to the city's WELO, comply with one of the following, whichever is more stringent:

1. The locally-adopted WELO that is more stringent than the state's MWELO; or

2. 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 cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top six 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 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 postconsumer 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 § 17852(a)(24.5)(A)(1) through (3).

• (c) 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

4. Invoice or other record demonstrating purchase or procurement.

• (2) Direct service provider of organic waste collection services shall:

• (a) 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.

• (b) Keep and provide records to the city including the following:

1. Dates provided; 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 provided; and

2. Invoice or other record or documentation demonstrating purchase, procurement, or transfer of material to giveaway location. (3) Renewable gas procurement by direct service providers. (a) If renewable gas made from recovered organic waste is used by direct service providers, direct service providers shall submit information listed in this section on a schedule to be determined by the city, but not less than annually to the recordkeeping designee.

purchase, procurement, or transfer of material to giveaway location. (3) Renewable gas procurement by direct service providers. (a) If renewable gas made from recovered organic waste is used by direct service providers, direct service providers shall submit information listed in this section on a schedule to be determined by the city, but not less than annually to the recordkeeping designee.

(b) Renewable gas used by direct service providers under divisions (C)(3)(a) and (b) shall comply with criteria specified in 14 CCR § 18993.1. (E) Recycled-content paper procurement. (1) Requirements for city departments: (a) 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 nonrecycled 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 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 Cal. Public Contracts Code, §§ 22150 through 22154 and §§ 12200 and 12209, as amended. (b) 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 § 260.12 (2013). (c) Provide records to the recordkeeping designee of all paper products and printing and writing paper purchases within 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 this section 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. (a) All vendors that provide paper products (including janitorial paper products) and printing and writing paper to the city shall: 1. Provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 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. 2. 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 § 260.12 (2013). 3. 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. 4. 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 § 260.12 (2013). 5. Provide records to the recordkeeping designee of all paper products and printing and writing paper purchased from the vendor within 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 this section 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.

his section 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.

(b) 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 30%, by fiber weight, postconsumer fiber, or as amended by Cal. Public Contract Code § 12209.

(F) Recordkeeping responsibilities.

(1) The Finance 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.

(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:

(a) 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 § 18993.3.

(b) 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 § 18993.1. (c) 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 this section.

f 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 § 18993.1. (c) 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 this section.

(d) 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 § 18993.2 for the annual recovered organic waste product procurement target and 14 CCR § 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.

(G) Effective date of policy. This policy shall go into effect December 2, 2021.

(Ord. 681, passed 11-2-21)