Chapter 2.40
PURCHASING SYSTEM
Sections:
2.40.010 Adoption of purchasing system.
2.40.020 Centralized purchasing division.
2.40.040 Exemptions from centralized purchasing.
2.40.050 Estimates of requirements.
2.40.060 Requisitions – Standard forms to be used.
2.40.090 Encumbrance of funds.
2.40.100 Formal contract procedure.
2.40.110 Open market procedure.
2.40.120 Inspection and testing.
2.40.130 Surplus supplies and equipment.
2.40.135 Professional services.
2.40.140 Gratuities – Acceptance constitutes violation of city gift policy.
2.40.150 Purchasing recycled materials and recovered organic waste products.
2.40.010 Adoption of purchasing system.
In order to establish efficient procedures for the purchase of supplies and equipment, to secure for the city of Highland (the “city”) supplies and equipment at the lowest possible cost commensurate with quality and quantity needed, availability of the items, and the ultimate use intended, to exercise positive financial control over purchases, to clearly define authority for purchasing function and to assure the quality of purchases, a purchasing system is hereby adopted pursuant to the provisions of Sections 54201 through 54205 of the Government Code of the state of California. This chapter shall not apply to supplies/materials/equipment that are to be used on a “public project” pursuant to Public Contract Code Section 20161. (Ord. 310 § 1, 2006; Ord. 175 § 2, 1994)
2.40.020 Centralized purchasing division.
There is created a centralized purchasing division within the finance department of the city in which is vested authority for the purchase of supplies and equipment. (Ord. 175 § 3, 1994)
2.40.030 Purchasing officer.
There is created the position of purchasing officer. He/she shall be appointed by the city manager. The purchasing officer shall be the head and have general supervision of the purchasing division. The duties of purchasing officer may be combined with those of any other office or position. The purchasing officer shall have the authority to:
A. Purchase or contract for supplies and equipment required by any using department in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the purchasing officer shall adopt for the internal management and operation of the purchasing division and such other rules and regulations as shall be prescribed by the city manager;
B. Negotiate and recommend execution of contracts for the purchase of supplies and equipment;
C. Act to procure for the city the needed quality in supplies and equipment at least expense to the city;
D. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases;
E. Prepare and recommend to the city council rules governing the purchase of supplies and equipment for the city;
F. Prepare and recommend to the city council revisions and amendments to the purchasing rules;
G. Keep informed of current developments in the field of purchasing, prices, market conditions and new products;
H. Prescribe and maintain such forms as reasonably necessary to the operation of this chapter and other rules and regulations;
I. Supervise the inspection of all supplies and equipment purchased to ensure conformance with specifications;
J. Recommend to the city manager the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any agency or which have become unsuitable for city use;
K. Maintain a bidders’ list, vendors catalog file and records needed for the efficient operation of the purchasing division. (Ord. 175 § 4, 1994)
2.40.040 Exemptions from centralized purchasing.
The purchasing officer, with approval of the city manager, may authorize, in writing, any department to purchase specified supplies and equipment independently of the purchasing division. However, he/she shall require that such purchases shall be made in conformity with the procedures established by this chapter, and shall further require periodic reports from the department on the purchases made under such written authorization. (Ord. 175 § 5, 1994)
2.40.050 Estimates of requirements.
Each using department shall file detailed estimates of their requirements in supplies and equipment in such manner, at such time, and for such future periods as the purchasing officer shall prescribe. (Ord. 175 § 6, 1994)
2.40.060 Requisitions – Standard forms to be used.
Using departments shall submit requests for supplies and equipment to the purchasing officer by standard requisition forms, or by other means as may be established by the purchasing rules and regulations. (Ord. 175 § 7, 1994)
2.40.070 Bid procedures.
Purchases of supplies and equipment shall be by bid procedures pursuant to HMC 2.40.100 and 2.40.110. Bidding may be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply, or when the amount involved is less than $15,000 or when the commodity can be obtained from only one vendor. Any bid received shall not be disclosed to any other bidder until the bidding is closed.
Procurements which by their nature are not suited to award by competitive bidding shall not be subject to the competitive requirements and/or approval limits specified in this chapter as identified in the table below. The city manager or purchasing officer shall have the authority to approve the following items:
|
Description |
Exempt from Competitive Procedure |
Exempt from Approval Authority Limits in HMC 2.40.100 |
|---|---|---|
|
1. Utility services such as water, electric power, natural gas, telephone, and internet service provider, except when alternative supplies or services are available |
X |
X |
|
2. Witness and jury fees and other payments as may be ordered by the court |
X |
X |
|
3. Medicines or medical supplies or services which are not generic in nature, and which would not be available from other sources through competitive bid or negotiation. |
X |
|
|
4. Advertisements and notices (unless required by the Public Contracts Code) |
X |
|
|
5. Courier/delivery/messenger |
X |
|
|
6. Emergency fuel purchases |
X |
X |
|
7. Contracts for insurance are not subject to competitive bidding |
X |
X |
|
8. Contracts for medical services |
X |
|
|
9. Membership dues |
X |
|
|
10. Property rentals |
X |
|
|
11. Real property/easement acquisition |
X |
|
|
12. Subscriptions |
X |
|
|
13. Trade circulars/books/periodicals/subscriptions |
X |
|
|
14. Travel expense/advances |
X |
|
|
15. Seminars/conferences |
X |
|
|
16. Required government or regulatory goods and services |
X |
|
|
17. Purchases made on behalf of a third party, for which that third party will be promptly and appropriately billable – excluding grant-related expenditures (i.e., costs incurred on behalf of a customer renting a facility) |
X |
X |
|
18. Performing artists and any vendors for city events |
X |
X |
|
19. Urgent repairs to continue existing city operations |
X |
X |
|
20. Postage |
X |
X |
|
21. Contracts for banking services |
X |
|
|
22. Real estate purchases, leases, and easements |
X |
|
|
23. Temporary staffing agencies agreements with staffing agencies |
X |
|
|
24. Professional services |
X |
|
|
25. California Correctional Industries Division purchases |
X |
|
|
26. Materials purchased at public auction, bankruptcy sale, or similar auction/sale where purchases are made significantly below market cost |
X |
|
|
27. Other items for which a competitive procurement procedure cannot be practicably applied |
X |
|
|
28. Purchases where competitive bid procedures have already been utilized, such as purchases from federal, state or county governments, including state of California agencies, counties, cities, joint power agencies, special districts, and nonprofit agencies whose main purpose is to assist cities or other public entities, and the supplies or equipment are supplied to the city at the same or better price, as was obtained through the competitive bid procedures of that entity |
X |
|
Other items may be exempt from competitive procurement as determined by city council authorization at any time. (Ord. 459 § 1, 2023; Ord. 310 § 2, 2006; Ord. 175 § 8, 1994)
2.40.080 Purchase orders.
Purchases of supplies and equipment shall be made only by purchase orders in any amount exceeding $2,500. No purchase order is required for purchases of supplies and equipment in the amount of $2,500 or less. Except as otherwise provided in this chapter, no purchase order shall be issued unless the prior approval of the purchasing officer or his/her designated representative has been obtained. (Ord. 459 § 2, 2023; Ord. 310 § 3, 2006; Ord. 175 § 9, 1994)
2.40.090 Encumbrance of funds.
Except in cases of emergency or in cases where specific authority has been first obtained from the city manager, the purchasing officer shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. (Ord. 175 § 10, 1994)
2.40.100 Formal contract procedure.
Except as otherwise provided in this chapter, purchases of supplies and equipment of an estimated value of $50,000 or more shall be by written contract with the lowest responsible bidder pursuant to the procedure hereinafter prescribed.
A. Notices Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid proposal forms and specifications may be secured, and the time and place for opening bids.
1. Published Notice. Notices inviting bids shall be published at least 10 days before the date of opening of the bids. Notices shall be published at least once in a newspaper of general circulation printed and published in the city, or if there is none, it shall be posted in at least three public places in the city that have been designated by resolution as the places for posting public notices.
2. Bidders’ List. The purchasing officer shall also solicit sealed bids from all responsible perspective suppliers whose names are on the bidders’ list or who have made written request that their names be added thereto.
B. Bidder’s Security. When deemed necessary by the purchasing officer, bidder’s security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his bid security upon the refusal or failure to execute the contract within 10 days after the notice of award of contract has been mailed, unless in the latter event the city is solely responsible for the delay in executing the contract. 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, the amount of the lowest bidder’s security shall be applied by the city to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the city council rejects all bids presented and re-advertises, the amount of the lowest bidder’s security may be used to offset the cost of receiving new bids (and the surplus, if any, shall be returned to the lowest bidder).
C. Bid Opening Procedure. 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 notices. Bids shall be carefully safeguarded until the hour established for opening such bids. The purchasing officer shall read the name of each bidder and the total price. Unit prices will be read upon request. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.
D. Rejection of Bids. In its discretion, the city council may reject all bids presented and readvertise for bids pursuant to the procedure hereinabove prescribed.
E. Award of Contracts. If the amount of any purchase or contract is $50,000 or more, the contract shall be awarded by the city council to the lowest responsible bidder.
F. 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 of readvertising for bids, the city council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening.
G. Performance Bonds. The city council shall have authority to require a performance bond before entering a contract in such amount as it shall find necessary to protect the best interests of the city. If the city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. (Ord. 459 § 3, 2023; Ord. 310 § 4, 2006; Ord. 175 § 11, 1994)
2.40.110 Open market procedure.
Purchases of supplies and equipment of an estimated value in the amount of $49,999.99 or less may be made by the city manager from the lowest responsible bidder and $14,999.99 or less may be made by the purchasing officer, from the lowest responsible bidder, in the open market pursuant to the procedure hereinafter prescribed and without observing the procedure prescribed in HMC 2.40.100; provided, however, all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of less than $2,500 or when deemed necessary by the city manager for the preservation of life and property.
A. Minimum Number of Bids. Open market purchases shall, wherever possible, be based on at least three bids, and shall be awarded to the lowest responsible bidder.
B. Blanket Purchase Orders. It shall be the responsibility of the purchasing officer to issue single purchase orders for a term up to a full fiscal year for the receipt of certain supplies in instances when only one vendor is available, or wherein bids have been received and awarded for purchases over an extended term not to exceed a fiscal year, or in other routine and reoccurring purchases.
C. Cooperative Agreements. The purchasing officer may enter into purchasing agreements with other governmental agencies (cities, counties, the state, etc.) and cooperative purchasing groups (Sourcewell, US Communities, etc.) for the purchase of items, consistent with the provisions of this chapter. He/she may, with the consent of the city manager, enter into lease purchase agreements.
D. Used Furniture and Equipment. Where the city desires to purchase used furniture and/or equipment, the bid process will not apply. The specifications will be such that the item be purchased “as is.” Used items will be purchased when the quality of the product is acceptable to the city’s needs. (Ord. 459 § 4, 2023; Ord. 310 § 5, 2006; Ord. 175 § 12, 1994)
2.40.120 Inspection and testing.
The purchasing officer shall inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order. The purchasing officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. The seller shall be required to pay the costs of all such tests if material or product fails to meet specified standards. (Ord. 175 § 13, 1994)
2.40.130 Surplus supplies and equipment.
All using departments shall submit to the purchasing officer, at such times and in such forms as he/she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The purchasing officer shall have authority to exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by any department or which have become unsuitable for city use. (Ord. 175 § 14, 1994)
2.40.135 Professional services.
For those professional services that are bid by request for proposal that exceed $100,000, the service shall be awarded by the city council; for services of $50,000 to $99,999.99, by the city manager with approval by the finance subcommittee; or less than $50,000, by the city manager. The request for proposal will be specific to the type of service to be performed. Award shall be made to the most qualified and responsible bidder. Any contract for professional services such as attorneys, physicians, architects, engineers, consultants, accountants, specialized printers or other individuals or organizations possessing a high degree of professional, unique, specialized or technical skill or expertise are not subject to a formal bid process. (Ord. 459 § 5, 2023; Ord. 310 § 6, 2006; Ord. 224, 1997)
2.40.140 Gratuities – Acceptance constitutes violation of city gift policy.
A. The acceptance of any gratuity in the form of cash, merchandise or any other thing of value whatsoever by an official or employee of the city from any vendor, contractor, or prospective vendor or contractor, or from any person, shall be deemed to be a violation of the city gift policy and shall be cause for removal or other disciplinary action and also be cause for punishment under the penalty provision of this code.
B. The offer of any such gratuity to any official or employee of the city by any vendor or contractor, or prospective vender or contractor, or any other person, shall be cause for declaring such individual or firm to be an irresponsible bidder and for debarring him from bidding, as provided by the city. (Ord. 175 § 15, 1995)
2.40.150 Purchasing recycled materials and recovered organic waste products.
A. Policy. It is the policy of the city to be a good steward of the environment by conserving and protecting natural resources along with demonstrating compliance with the Waste Management Reduction Act and the Short-Lived Climate Pollutant Reduction Act known as Senate Bill 1383 (“SB 1383”). The maintenance of a quality environment for the citizens of the city is an ongoing endeavor. Considering these statements, it is the policy of the city to encourage the use of recycled materials whenever possible, where the fitness and quality of recycled materials are equal to and cost no more than non-recycled products. It is also the policy of the city to encourage the procurement of recovered organic waste products to assist the city in meeting its annual recovered organic waste procurement target pursuant to 14 California Code of Regulations (“CCR”) Section 18933.1. Accordingly, whenever practicable, departments shall use recycled products, recycled materials and recovered organic waste products to meet their needs.
B. Definitions.
“Annual recovered organic waste product procurement target” means the amount of organic waste in the form of recovered organic waste products that the city is required to procure annually, as determined by CalRecycle, pursuant to 14 CCR Section 18993.1.
“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).
“Organic waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges; or, as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a).
“Paper products” includes, but is 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).
“Post-consumer” means finished materials or products that have served their intended use and would normally be disposed as solid waste. Examples of post-consumer recovered materials include the following: old newspaper, office paper, yard waste, steel, glass, aluminum cans, plastic bottles, oil, asphalt, concrete and tires.
“Practicable” means sufficient in performance and available at a reasonable price within a reasonable time period.
“Printing and writing papers” includes, but is 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” means the purchase or acquisition of recovered organic waste products, paper products or printing and writing paper (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), either directly by the city or by direct service providers or venders through written contracts or agreements for procurement of recovered organic waste products, paper products or printing and writing paper at the city’s behest, and end use by the city or others.
“Publicly owned treatment works or POTW” has the same meaning as in 40 CFR 403.3(r).
“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).
“Recycled-content paper products and recycled-content printing and writing paper” means products that consist of at least 30 percent, by fiber weight, postconsumer fiber, consistent with the requirements of Sections 12200, 12209, and 22150 to 22154 of the Public Contract Code, as amended.
“Recycled material” means waste material and byproducts that have been recovered or diverted from the solid waste stream and that can be utilized in place of raw material in a product. Recycled materials may consist of material derived from post-consumer waste, manufacturing waste, industrial scrap, agricultural waste and other items, all of which can be used in the manufacture of new products.
“Recycled products” means products manufactured with recycled materials, including but not limited to recycled-content paper products and recycled-content printing and writing paper.
“SB 1383” means Senate Bill 1383 of 2016 approved by the California 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 compost” means the product resulting from the controlled biological decomposition of organic solid waste that is source separated from the municipal solid waste stream or which is separated at a centralized facility that, pursuant to 14 CCR Section 18993.1(f)(1), is either 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 and meets the state’s composting operations regulatory requirements and any applicable limitations of Public Contract Code Section 22150.
“SB 1383 eligible electricity” means electricity generated from a biomass facility that converts recovered organic waste, such as wood and prunings, from the municipal stream, into electricity and that, pursuant to 14 CCR Section 18993.1(i), receives its feedstock directly from one or more of the following facilities during the duration of the applicable procurement compliance year:
1. 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; or
2. 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
3. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
“SB 1383 eligible mulch” means mulch that meets the following conditions for the duration of the applicable procurement compliance year pursuant to 14 CCR Section 18993.1(f)(4):
1. Is produced at one or more of the following facilities:
a. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10); or
b. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or;
c. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
2. Meets or exceeds 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) as enforced by HMC 8.13.120 and applicable contracts.
“SB 1383 eligible 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 CCR Title 14 to recover organic waste and is used for fuel for transportation, electricity or heating applications, and, if procured from a POTW, meets all of the conditions for the applicable procurement compliance year set out in 14 CCR Section 18993.1(h).
“SB 1383 recordkeeping officer” means the public employee, or designee, appointed by the city manager.
“SB 1383 regulations” means the Short-Lived Climate Pollutants: Organic Waste Reductions regulations developed by California Department of Resources Recycling and Recovery and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.
C. General Policies.
1. All city departments shall use recycled products and recovered organic waste products whenever practicable. Special emphasis shall be placed on the procurement and purchase of recycled materials, including the procurement of recovered organic waste products and the purchase of products manufactured with post-consumer recycled products.
2. All departments may, at their option and with purchasing department concurrence, require procurement of designated recycled materials, including recycled products and recovered organic waste products above the levels required by this section.
3. The city’s contractors and consultants shall use and specify recycled materials, including recycled products, and recovered organic waste products in fulfilling contractual obligations whenever practicable.
4. The city shall promote the use of recycled materials, including recycled products, and recovered organic waste products by publicizing the provisions of this section when appropriate.
D. Annual Recovered Organic Waste 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 the provisions of this section.
2. The city shall comply with subsection (D)(1) of this section by one or both of the following:
a. Directly procuring recovered organic waste products and documenting such procurement;
b. Requiring, through a written contract or agreement, that a direct service provider procure recovered organic waste products and provide written documentation of such procurement to the city.
3. The city shall identify additional procurement opportunities within the city’s departments for expanding the use of recovered organic waste products pursuant to 14 CCR Section 18993.1(k) to assist in compliance with the provisions of subsection (D)(1) of this section.
4. The following products are eligible to meet the annual recovered organic waste product procurement target, whether procured directly by the city or through a direct service provider:
a. SB 1383 eligible compost;
b. SB 1383 eligible mulch;
c. SB 1383 eligible renewable gas; and
d. SB 1383 eligible electricity.
E. Recovered Organic Waste Product Procurement.
1. Requirements for City Departments.
a. SB 1383 Eligible Compost and SB 1383 Eligible Mulch Procurement. City departments shall:
i. Use SB 1383 eligible compost and SB 1383 eligible mulch for landscaping, maintenance, renovation, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified in this section.
ii. Comply with HMC 8.13.110 and 16.40.390.
iii. Keep and submit records as required under subsection (E)(3) of this section.
iv. When procurement of SB 1383 eligible mulch occurs through a direct service provider, enter into a written contract or agreement or execute a purchase order with enforceable provisions that includes: (A) definitions and specifications for SB 1383 eligible mulch; and (B) an enforcement mechanism in the event the direct service provider is not compliant with the requirements.
b. SB 1383 Eligible Renewable Gas Procurement. City departments shall:
i. Procure SB 1383 eligible renewable gas to the degree that it is available and practicable for the city.
ii. Keep and submit records as required under subsection (E)(3) of this section.
c. SB 1383 Electricity. City departments shall:
i. Procure SB 1383 eligible electricity to the degree that it is available and practicable for the city.
ii. Keep and submit records as required under subsection (E)(3) of this section.
2. Requirements for Direct Service Providers.
a. SB 1383 Eligible Compost and SB 1383 Eligible Mulch.
i. Direct service providers of landscaping maintenance, renovation, and construction shall:
(A) Use SB 1383 eligible compost and SB 1383 eligible mulch for all landscaping renovations, construction, or maintenance performed for the city, whenever practicable, and capable of meeting quality standards and criteria specified in this section.
(B) If applicable, comply with HMC 8.13.110 and 16.40.390.
(C) 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; and (2) an enforcement mechanism in the event the direct service provider is not compliant with the requirements.
(D) Keep and provide records as required under subsection (E)(3) of this section.
ii. Direct service provider of organic waste collection services shall:
(A) Provide a specified quantity of SB 1383 eligible compost or SB 1383 eligible mulch to the city and its customers via periodic “giveaways” as specified in the applicable franchise agreement or other agreement.
(B) Keep and provide records as required under subsection (E)(3) of this section.
b. Renewable Gas Procurement.
i. Direct service providers transporting solid waste, organic materials, and/or recyclable materials shall procure some or all of their fuel as SB 1383 eligible renewable gas if required to do so in requests for proposals and requests for qualifications released by the city for such services or as required by permit, license, written agreement, or written contract with the city.
ii. Direct service providers procuring SB 1383 eligible renewable gas shall keep and submit records as required under subsection (E)(3) of this section.
3. Procurement Records. For recovered organic waste products procured by the city, either directly or through a direct service provider, the procuring city department and/or direct service provider shall keep and submit to the SB 1383 recordkeeping officer, on a schedule to be determined by the SB 1383 recordkeeping officer and not less than annually, records of the following:
a. General procurement records for all recovered organic waste products:
i. General description of how and where the product was used and applied, if applicable;
ii. Name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured;
iii. Type of recovered organic waste products procured;
iv. Quantity of each recovered organic waste product procured; and
v. Invoice or other record demonstrating purchase or procurement of the recovered organic waste product.
b. Additional records for SB 1383 eligible compost and SB 1383 eligible mulch:
i. For SB 1383 eligible compost and SB 1383 eligible mulch provided to residents through giveaway events or other types of distribution methods, records of the amount of SB 1383 eligible compost and SB 1383 eligible mulch provided to residents.
ii. For SB 1383 eligible compost provided by a direct service provided of organic waste collection services, the date SB 1383 eligible compost or SB 1383 eligible mulch was provided in giveaways pursuant to a franchise agreement or other agreement.
iii. For procurement of SB 1383 eligible mulch, an updated copy of the ordinance or enforceable mechanism(s) requiring that the SB 1383 eligible mulch (see HMC 8.13.120 and applicable contracts), procured by the city or direct service provider on behalf of the city, meets the land application standards specified in 14 CCR Section 18993.1(4), as it may be amended from time to time.
c. Additional records for SB 1383 eligible renewable gas from a POTW:
i. Pursuant to 14 CCR Section 18993.2, an annual written certification by an authorized representative of the POTW, under penalty of perjury and in a form and manner determined by the city, certifying to the following for the applicable procurement compliance year:
(A) The POTW is in compliance with the exclusion in 14 CCR Section 17896.6(a)(1);
(B) The total tons of organic waste received from the facilities listed in 14 CCR Section 18993.1(h)(1); and
(C) The percentage of biosolids that the POTW produced and transported to activities that constitute landfill disposal.
d. Additional records for SB 1383 eligible electricity:
i. An annual written certification by an authorized representative of the biomass conversion facility, under penalty of perjury and in a form and manner determined by the city, certifying, for the applicable procurement compliance year, that the biomass feedstock was received from a permitted solid waste facility identified in 14 CCR Section 18993.1(i).
F. Recycled-Content Paper Procurement.
1. Requirements for City Departments. City departments shall:
a. If fitness and quality of recycled-content paper products and recycled-content printing and writing paper are equal to that of non-recycled items, city departments shall purchase recycled-content paper products and recycled-content printing and writing paper that consist of at least 30 percent, by fiber weight, post-consumer fiber, whenever available at the same or a lesser total cost than non-recycled items, consistent with the requirements of Public Contract Code Sections 12200, 12209, and 22150 through 22154, as amended.
b. Require all paper products and printing and writing paper procured by the city department to be eligible to be labeled with an unqualified recyclable label, as defined in 16 CFR 260.12, as published January 1, 2013.
c. Provide records pursuant to subsection (E)(3) of this section.
2. Requirements for Vendors.
a. All vendors that provide paper products and printing and writing paper to the city shall:
i. If fitness and quality of recycled-content paper products and recycled-content printing and writing paper are equal to that of non-recycled items, provide to the city recycled-content paper products and recycled-content printing and writing paper that consist of at least 30 percent, by fiber weight, post-consumer fiber, whenever available at the same or a lesser total cost than non-recycled items, consistent with the requirements of Public Contract Code Sections 12200, 12209, and 22150 through 22154, as amended.
ii. Provide only paper products and printing and writing papers that are eligible to be labeled with an unqualified recyclable label as defined in 16 CFR 260.12 (2013).
iii. Certify in writing, under penalty of perjury, in a form and manner determined by the city, the minimum percentage, or exact percentage if known, of post-consumer material in the paper products and printing and writing paper offered or sold to the city. This certification requirement may be waived by the city if the percentage of post-consumer material in the paper products or printing and writing paper can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
iv. Certify in writing, under penalty of perjury, in a form and manner determined by the city, 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 CFR 260.12 (2013).
v. Provide records pursuant to subsection (E)(3) of this section.
b. All vendors providing printing services to the city pursuant to a printing contract or written agreement shall use printing and writing paper that consists of at least 30 percent, by fiber weight, post-consumer fiber consistent with the requirements of Public Contract Code Sections 12200, 12209, and 22150 through 22154, as amended.
3. Procurement Records. All city departments and vendors shall provide the following records to the SB 1383 recordkeeping officer, on a schedule to be determined by the SB 1383 recordkeeping officer and not less than annually, of all the city department and employee paper products and printing and writing paper purchases (for both recycled-content and non-recycled content):
a. A copy of the invoice, receipt, or other documentation of purchase that describes the procurement of paper products and printing and writing paper by volume and type;
b. Written certifications as required in subsection (F)(2)(a) of this section;
c. Vendor name;
d. Purchaser name;
e. Quantity purchased;
f. Date purchased;
g. Recycled content (including products that contain none); and
h. If non-recycled-content paper products and/or non-recycled-content printing and writing paper are provided, for reasons other than cost, include a description of why recycled-content paper products and/or recycled-content printing and writing paper were not provided. (Ord. 459 § 6, 2023)