Agenda packet — Clayton City Council, February 6, 2024

_____________________________________________________________________________________________ City Council Agenda February 6, 2024 Page 1

CLAYTON CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, February 6, 2024
7:00 p.m.

Hoyer Hall, Clayton Community Library
6125 Clayton Road, Clayton, CA 94517
Zoom Videoconference and Call-in:

Webinar: https://us02web.zoom.us/j/81342918951
Telephone: 1 + (669) 900 - 9128 Webinar ID: 813 4291 8951

1. CALL TO ORDER AND ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENT ON NON - AGENDA ITEMS
Members of the public may address the City Council on non-agendized items within the Council’s jurisdiction. To ensure an orderly meeting and an equal opportunity for everyone, each speaker is limited to three (3) minutes, or the time established by the Mayor. In accordance with State Law, no action may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked or may at its discretion request Staff to report back at a future meeting concerning the matter.

Public comment and input on other agenda items will be allowed when each item is considered by the Council.

Jim Diaz, Mayor
Kim Trupiano, Vice Mayor 0BPeter Cloven, Councilmember
Holly Tillman, Councilmember Jeff Wan, Councilmember
_____________________________________________________________________________________________ City Council Agenda February 6, 2024 Page 2

4. CONSENT CALENDAR
Consent Calendar items are typically routine in nature and are considered for approval by one single motion. Members of the Council, audience, or Staff wishing an item removed from the Consent Calendar for purpose of public comment, question, discussion, or alternative action may request so through the Mayor. a. Approval of the January 16, 2024, meeting Minutes.
(City Clerk)
(View)
b. Adopt a Resolution establishing a revised Purchasing Policy to provide staff with guidance and clarity around authorized procurement practices, in compliance with Senate Bill 1383 (SB1383), for the procurement of goods, services, supplies, and equipment. (Executive Assistant to the City Manager/HR Manager)
(View)
c. Adopt a Resolution awarding a contract for $105,980, with Specified Play Equipment Company (SPEC) for replacement of the rubberized mat below the play structures at The Grove Park (Capital Improvement Project No. 10455); authorizing the City Manager to execute the contract on behalf of the City; and finding the project to be exempt from the California Environmental Quality Act. (Community Development)
(View)

5. RECOGNITIONS AND PRESENTATIONS
a. 2024 Election Updates. (Contra Costa County-Clerk-Recorder-Registrar) (View)
b. Contra Costa Mosquito and Vector Control District Presentation (View)
c. Recognition of Marathon Petroleum for Grant Funding (Clayton Police Department)

6. REPORTS
a. City Manager / Staff
• Link to ClearGov Transparency Portal:
https://cleargov.com/california/contra-costa/city/clayton/checkbook

7. PUBLIC HEARINGS
(There are no Public Hearings scheduled for this meeting.) _____________________________________________________________________________________________ City Council Agenda February 6, 2024 Page 3

8. ACTION ITEMS
a. Approve the terms of a collective bargaining agreement between the City of Clayton and the Clayton Police Officers Association (CPOA); and authorize the City Manager to execute a Memorandum of Understanding (MOU) with a term of July 1, 2024 through June 30, 2027, for an increased amount of $308,243. (Executive Assistant to the City Manager/HR Manger) (View)
b. Receive update on the Community Survey presented by the market research team who conducted the survey. (City Manager)
(View)
c. Provide direction to staff on their initial ten (10) strategic goals and identify a variety of 2-person Ad Hoc committees to add strategic objectives to each goal. (City Manager)
(View)

9. COUNCIL ITEMS – Limited to Council requests and directives for future meetings.

10. COUNCIL REPORTS

11. CLOSED SESSION
(There is no Closed Session scheduled for this meeting.)

12. ADJOURNMENT
The next regularly scheduled meeting of the City Council will be on February 20, 2024.
_____________________________________________________________________________________________ City Council Agenda February 6, 2024 Page 4
Meeting Information and Access
• A complete packet of information containing staff reports and exhibits related to each public item is available for public review in City Hall located at 6000 Heritage Trail and on the City’s website at www.claytonca.gov
• Agendas are posted at: 1) City Hall, 6000 Heritage Trail; 2) Library, 6125 Clayton Road; 3) Ohm’s Bulletin Board, 1028 Diablo Street, Clayton; and 4) City Website at www.claytonca.gov
• Any writings or documents provided to a majority of the City Council after distribution of the agenda packet and regarding any public item on this agenda will be made available for public inspection in the City Clerk’s office located at 6000 Heritage Trail during normal business hours and is available for review on the City’s website at www.claytonca.gov
• If you have a physical impairment requiring special accommodation to participate, please call the City Clerk’s office at least 72 hours (about 3 days) before the meeting at (925) 673-7300.

Remote Access
The public may attend City Council meetings in-person or remotely via livestream on the City’s website and through Zoom. As a courtesy, and technology permitting, members of the public may continue to provide live remote oral comment via the Zoom video conferencing platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. Unless required by the Brown Act, the meeting will continue despite technical difficulties for participants using the teleconferencing option.

1. Videoconference: Click or visit the link on the front page of the meeting agenda.

To access the webinar, you may download the Zoom client application or connect to the meeting in the web browser. You will be asked to enter your email address and name.

When the Mayor calls your item of interest, click the “raise hand” icon to be added to the speaker queue. The Clerk will identify you by name and you will hear “you have been unmuted” when it is your turn to provide public comment.

2. Phone-in: Dial the telephone number provided on the front page of the agenda.

When prompted, enter the meeting ID. Once connected you will hear the meeting discussions but will remain muted. When your item of interest is called, please dial *9 to “raise hand” and be added to the speaker queue. The Clerk will identify you by the last 4-digits of your phone number and you will hear “you have been unmuted” when it is your turn to provide public comment. To toggle between mute/unmute on your device, please dial *6.
_____________________________________________________________________________________________ City Council Agenda February 6, 2024 Page 5

3. E-mail Public Comments: Public comment may also be sent to the City Clerk at [email protected] by 5:00 p.m. on the day of the meeting. All e-mailed public comments will be forwarded to the entire City Council and made part of the official meeting file.

Each person attending the meeting in-person, via videoconference, or call-in and who wishes to speak on an agendized or non-agendized matter (within the council’s jurisdiction), shall have a set amount of time to speak as determined by the Mayor. ____________________________________________________________________________ City Council and Clayton Successor Agency Minutes January 16, 2024 Page 1

MINUTES
OF THE

REGULAR JOINT MEETING

CLAYTON CITY COUNCIL AND CLAYTON SUCCESSOR AGENCY
TUESDAY, January 16, 2024

1. CALL TO ORDER AND ROLL CALL – The meeting was called to order at 7:00 p.m. by Mayor Diaz held via a hybrid meeting format live in-person and Zoom videoconference and broadcast from Hoyer Hall, Clayton Community Library, 6125 Clayton Road, Clayton, California. Councilmembers present: Mayor Diaz, Vice Mayor Trupiano, and Councilmembers Cloven, Tillman, and Wan. Staff present:

City Manager, Bret Prebula; Executive Assistant to the City Manager/Human Resources Manager Amy Walcker; Police Chief Richard McEachin; City Engineer Larry Theis; Finance Manager Prapti Aryal; Community Development Director Dana Ayers; City Attorney Mala Subramanian; and City Clerk Stephanie CabreraBrown.

2. PLEDGE OF ALLEGIANCE – Led by Mayor Diaz.

Mayor Diaz announced that he would be re-ordering the agenda to move Item 5, Recognitions and Presentations, ahead of Item 3, Public Comment.

5. RECOGNITIONS AND PRESENTATIONS
Certificates of Recognition to Public School Students for Exemplifying the “Do the Right Thing” Character Trait of “Kindness” during the Month of December 2023 were presented by Councilmember Cloven.

3. PUBLIC COMMENT ON NON - AGENDA ITEMS
Bill Walcott – Spoke regarding public comment logistics and local organizing efforts to form a political action committee.

Mayor Diaz closed public comment.

4. CONSENT CALENDAR
It was moved by Councilmember Wan, seconded by Vice Mayor Trupiano, to approve the Consent Calendar items 4(a) – 4(e) as submitted. (Passed; 5- 0). a. Approved the minutes of the City Council’s regular meeting of December 19, 2023.
4a Attachment 1
DRAFT (Back to Agenda)
____________________________________________________________________________ City Council and Clayton Successor Agency Minutes January 16, 2024 Page 2 b. Second reading and adoption of an Ordinance Amending Clayton Municipal Code Title 17 to Implement Adopted General Plan Housing Element Policy, Rezone Properties in Conformance with the Housing and Land Use Elements, Clarify Administrative Procedures, and Align with State Law (CEQA Status: Certified EIR, SCH No. 2022030086) (Community Development Director)
Ordinance No. 501-2024
c. Update Job Description for City Clerk Position
Accept the updated City Clerk job description to accurately reflect current duties and best practices (Executive Assistant to the City Manager/HR Manager)
d. Adopt a Resolution approving the Grant Application for the Mitchell Canyon Road Pedestrian Path Improvement Project to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024-2025 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle funding, authorizing staff to submit the grant application, finding the project is categorically exempt from CEQA, pursuant to California Code of Regulations Section 15301(c), and filing with County Clerk Recorder (City Engineer)
Resolution No. 01-2024
e. AS THE SUCCESSOR AGENCY BOARD: Adopt a Resolution to Approve and Adopt the Recognized Obligation Payment Schedule for the Year Ending June 30, 2025 (ROPS 2024-2025), Pursuant to The Dissolution Act (Finance Director)
Resolution No. SA01-2024
Attachment 4a
____________________________________________________________________________ City Council and Clayton Successor Agency Minutes January 16, 2024 Page 3

6. REPORTS
a. City Manager / Staff
• Link to ClearGov Transparency Portal:
https://cleargov.com/california/contra-costa/city/clayton/checkbook .

7. PUBLIC HEARINGS
(There are no Public Hearings scheduled for this meeting.)

8. ACTION ITEMS
a. Employment Agreement with Chief of Police
Approve a three-year employment agreement with Richard McEachin, City of Clayton Police Chief, for the term of June 30, 2024 through June 30, 2027 (Executive Assistant to the City Manager/HR Manager) Executive Assistant to the City Manager/HR Manager Amy Walcker provided an overview of the agreement.

Following discussion by the City Council, Mayor Diaz opened the item to public comment, but there was no one wishing to speak.

It was moved by Vice Mayor Trupiano, seconded by Councilmember Wan, to Approve a three-year employment agreement with Richard McEachin, City of Clayton Police Chief. (Passed; 5- 0).
b. Discussion related to parking impacts from the Olivia Project.

Receive update on street parking in the surrounding neighborhood related to the Olivia Project and provide staff with direction (City Manager) City Manager Bret Prebula provided an overview of the staff’s recommendations.

Following discussion by the City Council, Mayor Diaz opened the item to public comment:

Gary Hood; Keith Haydon; Dane Horton; Doug Rogers; Pamela Rogers; David Miller; Wendy; Bill Walcott; Randall Waterhouse; Frank Gavidia; Spoke regarding The Olivia Project and parking concerns No Action: Direction provided to staff.

Attachment 4a
____________________________________________________________________________ City Council and Clayton Successor Agency Minutes January 16, 2024 Page 4

9. COUNCIL ITEMS – Limited to Council requests and directives for future meetings.

Councilmember Tillman requested a future agenda item to discuss the censure of councilmembers and requested the City Attorney review concerns regarding treatment of staff by councilmembers.

Vice Mayor Diaz shared that he would contact the Contra Costa Mosquito and Vector Control District for additional information on how to address rodent concerns.

10. COUNCIL REPORTS
Councilmember Cloven spoke with residents regarding various topics including the Community Survey and the annual budget.

Councilmember Tillman attended: Memorial Services for Allison McCaulay; League of California Cities Policies committee orientation; Mayors’ Conference in Antioch; Campaign event for supervisorial candidate Shanelle Scales-Preston.

Participated in: Holiday Decoration removal; Brunch at Skylar Bistro; Mt. Diablo Education Foundation; Clayton Pride Board; Rossmoor Democratic Club.

Councilmember Wan spoke with residents and Cub Scout Pack 262.

Vice Major Trupiano attended: Clayton Community Library Foundation meeting; meeting with City Manager; Mayors’ Conference in Antioch; Supervisor Ken Carlson event – Coffee with Ken. Participated in: Holiday Decoration removal; Brunch at Skylar Bistro.

Mayor Diaz attended: County Connection Board meeting; Mayors’ Conference in Antioch; Art & Wine Committee meeting. Participated in: Holiday Decoration removal; Brunch at Skylar Bistro.

11. CLOSED SESSION
At 9:04 p.m., the Council adjourned to Closed Session.
a. Conference with Labor Negotiators
Government Code section 54957.6
Agency Designated Representatives: Bret Prebula, City Manager, Amy Walcker, Executive Assistant to
the City Manager/HR Manager, and
Richard McEachin, Police Chief
Employee Organization: Clayton Police Officers Association There were no reportable actions taken.

Attachment 4a
____________________________________________________________________________ City Council and Clayton Successor Agency Minutes January 16, 2024 Page 5

12. ADJOURNMENT - on a call by Mayor Diaz, the City Council adjourned its meeting at 10:20 p.m.

Respectfully submitted,
________________________________
Stephanie Cabrera-Brown, City Clerk

APPROVED BY THE CLAYTON CITY COUNCIL
______________________________________
Jim Diaz, Mayor
Attachment 4a
City Council Agenda Item 4b Page 1 of 2 February 6, 2024 TO:

FROM:

DATE:

Honorable Mayor and Councilmembers
Amy Walcker, Executive Assistant to the City Manager/HR Manager February 6, 2024
SUBJECT: Adopt a Resolution Establishing a Revised Purchasing Policy

RECOMMENDATION
Adopt a Resolution establishing a revised Purchasing Policy to provide staff with guidance and clarity around authorized procurement practices, in compliance with Senate Bill 1383 (SB1383), for the procurement of goods, services, supplies, and equipment.

BACKGROUND
The City of Clayton’s current Purchasing Policy took effect in January 2022. Since the adoption of the current Purchasing Policy, changes in California State legislation necessitate updates for compliance with Senate Bill 1383 (SB1383).

DISCUSSION
The objective in updating the City of Clayton’s Purchasing Policy is to provide staff with guidance and clarity around authorized procurement practices. Specifically, the proposed policy updates ensure staff are informed of compliance standards with California legislation SB1383.

As California communities continue to prioritize environmental sustainability, it is vital that the City of Clayton adopts a purchasing policy that outlines guidelines for making Environmentally Preferable Purchasing (EPP) decisions. EPP is the procurement of goods and services that have less impact than competing products serving the same purpose.

The City is currently in the concluding phase of addressing all facets of a Corrective Action Plan mandated by the State through the California Department of Resources Recycling and Recovery (CalRecycle). The final step entails the implementation of a purchasing policy duly authorized by City Council.
(Back to Agenda)

STAFF REPORT
City Council Agenda Item 4b
City Council Agenda Item 4b Page 2 of 2 February 6, 2024 One pivotal aspect of a compliant purchasing policy is the emphasis on buying products made from recycled content as set forth in SB1383. Common products identified in sustainable procurement are paper products (copy paper, file folders, toilet paper, paper towels), appliances with an Energy Star rating, and pest control agents utilizing Integrated Pest Management materials.

In the Purchasing Policy proposed by staff, the standards for sustainable procurement are specified as Environmentally Preferrable Purchasing (EPP). By prioritizing recycled materials, the City will actively participate in the circular economy, reducing the demand for new resources and minimizing the environmental footprint. Utilizing recycled content not only conserves valuable raw materials but also helps decrease energy consumption and greenhouse gas emissions associated with the production of new goods.

FISCAL IMPACT
No fiscal impact.

CEQA IMPACT
None.

ATTACHMENTS

1. Resolution Adopting a Purchasing Policy for the Procurement of Goods, Services, Supplies, and Equipment

2. Purchasing Policy - Redline

3. Revised Purchasing Policy
Resolution No. XX-2023 Page 1 of 2 February 6, 2024
RESOLUTION NO. XX-2024

A RESOLUTION OF THE CLAYTON CITY COUNCIL

ADOPTING A PURCHASING POLICY FOR THE PROCUREMENT OF GOODS,

SERVICES, SUPPLIES AND EQUIPMENT

THE CITY COUNCIL
City of Clayton, California
WHEREAS, on May 4, 2004 the City Council of the City of Clayton adopted Ordinance No. 376 establishing Clayton Municipal Code Chapter 3.10.020 that defines procedures and guidelines for the purchasing of goods, services, supplies and equipment shall be by City Council Resolution; and
WHEREAS, the goal of establishing a Purchasing Guidelines Policy was to set and maintain appropriate fiscal controls and procedures on expenditures of public funds; to maximize the City's purchasing dollar by encouraging competitive prices; and to provide a timely, effective method of procurement for city departments; and WHEREAS, on January 18, 2022 the City Council updated the Purchasing Policy to increase the effectiveness, efficiency and understandability of City procurement to include the threshold for competitive procurement and provide exceptions to the competitive procurement procedures in specified circumstances; and WHEREAS, California SB1383 requires municipalities to update their purchasing policies to align procurement practices with the State’s environmental and climate objectives, particularly in the reduction of short-lived climate pollutants; and WHEREAS, updating purchasing policies in accordance with SB1383 reflects a commitment to environmental stewardship, sustainable practices, and the development and use of products made from recycled or organic materials, and WHEREAS, the City of Clayton seeks to align with the state's goals to promote sustainable procurement practices, support the circular economy, and contribute to statewide efforts to mitigate climate change by reducing methane emissions from organic waste.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of Clayton, California, does hereby amend and replace in its entirety the Purchasing Policy, as attached hereto as Exhibit A.

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 6th day of February 2024, by the following vote:
4b Attachment 1
Resolution No. XX-2023 Page 2 of 2 February 6, 2024
AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
Jim Diaz, Mayor
ATTEST:

Stephanie Cabrera-Brown, City Clerk
4b Attachment 1
Resolution XX05-2022 Purchasing Policy 1 January 18, 2022February 6, 2024

EXHIBIT A

PURCHASING GUIDELINES POLICY
AS ESTABLISHED BY RESOLUTION 05-2022 XXXXX AND
PURSUANT TO CLAYTON MUNICIPAL CODE CHAPTER 3.10.020

PURPOSE
The purpose of this Purchasing Guidelines Policy is to establish internal controls, responsibilities and authorization levels and other requirements related to purchasing goods and services for the City. This policy:
• establishes controls that identify clear authority and responsibility for purchasing activities;
• secures goods and services at the lowest cost commensurate with quality and other qualitative factors; and
• ensures appropriate levels of competition and provides equal opportunity for all qualified vendors; and.
• outlines the guidelines and principles that the City will follow to make environmentally preferable purchasing decisions.

This policy is adopted in accordance with Section 3.10.020 of the Clayton Municipal Code, as it may be amended from time to time.

PURCHASING OFFICER
The City Manager, or the City Manager’s designee, is the City’s purchasing officer, with the authority and the responsibility to:
1) Carry out the purchasing policies of the City,
2) Prepare or revise, in cooperation with each department, written standard specifications for purchases of goods, supplies, equipment, and services, 3) Purchase or contract for goods, supplies, equipment, and services required by City departments according to these purchasing procedures and such administrative regulations as the City Manager shall prescribe,
4) Obtain full and open a competition where required herein when purchasing or contracting for goods, supplies, equipment, and services, 5) Keep informed of current developments in the field of purchasing, prices, contracting for goods, supplies, equipment, and services,
4b Attachment 2
Resolution XX05-2022 Purchasing Policy 2 January 18, 2022February 6, 2024 6) Ensure the inspection of all supplies and equipment purchases to guarantee quality and conformance with City specifications,
7) Recommend the transfer of unused supplies and equipment between departments as needed,
8) Sell supplies and equipment that cannot be used by any department or that have become unsuitable for City use
9) Maintain a contractor list in accordance with the procedures specified for Public Projects
10) Maintain any and all necessary records for the efficient operation of the purchasing function.

PURCHASING AUTHORITY
There are three (3) levels of authority applicable for the purchase of goods, supplies, equipment, materials, professional and non-professional services, and public projects, which shall be delegated as follows:
• The City Manager is authorized to award or reject professional services agreements in an amount not to exceed thirty thousand dollars ($30,000.00). The City Manager may approve amendments or change orders to existing professional services agreements so long as the cumulative total of the agreement does not exceed thirty thousand dollars ($30,000.00).
• Other than for Professional Services, the City Manager is authorized to award or reject purchases, agreements, contracts, bids, proposals, statements of qualifications, purchase orders, and public projects, in an amount not to exceed sixty thousand dollars ($60,000.00). The City Manager may approve amendments or change orders to existing purchases, agreements, contracts, purchase orders, other than for professional services agreements and public projects, so long as the cumulative total of the contract (change order(s)/amendment(s) plus original contract amount) does not exceed sixty thousand dollars ($60,000.00). The City Manager is authorized to award or reject change orders to contracts for public projects in an amount up to ten (10) percent of the original contract amount subject to City Council appropriation of funds.
• The City Council must award or reject purchases, agreements, contracts, bids, proposals, statements of qualifications, purchase orders, and public projects, in any amount that exceeds the City Manager’s approval authority specified above.

MAINTENANCE AND GENERAL SERVICES
Maintenance services are routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. 4b Attachment 2
Resolution XX05-2022 Purchasing Policy 3 January 18, 2022February 6, 2024 Maintenance services also includes the types of work set forth in Public Contract Code section 22002(d), as it may be amended from time to time.

General services are any services that are typically physical or manual in nature and do not ordinarily require specialized higher education or equivalent credentials to perform.

Contracts for maintenance services and general services shall be procured pursuant to the following processes.
• Price checking is encouraged and should be documented: $10,000.00 or less. • Informal quote: $10,000.01—$60,000.00.
• Formal RFP/RFQ or Formal Bid: Over $60,000.00.

GOODS, MATERIALS, SUPPLIES AND EQUIPMENT
Contracts for goods, materials, supplies and equipment shall be procured pursuant to the following processes:
• Price checking is encouraged and should be documented: $10,000.00 or less. • Informal quote: $10,000.01—$60,000.00.
• Formal RFP/RFQ or Formal Bid: Over $60,000.00.

PROFESSIONAL SERVICES
Professional services include services provided to the City by specially trained and experienced individuals related to economic, financial, engineering, planning, architectural, environmental, legal, administrative, or other similar services. Contracts for professional services shall be procured pursuant to the following processes:
• Assess best value/qualifications: $10,000.00 or less. • Informal quote: $10,000.01—$60,000.00.
• Formal RFP/RFQ: Over $60,000.00.

PUBLIC PROJECTS
Public Projects shall be procured in accordance with Section 3.10.060 of the Clayton Municipal Code, as it may be amended from time to time. For ease of reference, those procedures are restated herein, but will be superseded by any future update of the Clayton Municipal Code that creates a conflict with the provisions specified hereunder.

A. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings:
4b Attachment 2
Resolution XX05-2022 Purchasing Policy 4 January 18, 2022February 6, 2024

1. 1. “Act” means the Uniform Public Construction Cost Accounting Act (California Public Contracts Code Section 22000 et seq.).

2. “City” means the City of Clayton.

3. “Commission” means the California Uniform Construction Cost Accounting Commission. “Public project” has the meaning assigned to it under Public Contract Code Section 22002, as it may be amended from time to time.

B. Public Project Contracting Procedures. The City shall follow the contracting procedures set forth in Article 3 of the Act (Public Contract Code Section 22030 et seq.).

C. Contractors List. The City Manager, or his or her designee, shall compile and maintain a list of qualified contractors identified according to categories of work. This list shall comply with the requirements of the Act and the criteria promulgated, from time to time, by the Commission.

D. Informal Bidding.

1. When a public project is to be performed which qualifies for informal bidding, notice of such project shall be given as follows except where the product or service is proprietary:
a. Notice shall be sent to all contractors on the contractors list for the category of work being bid or notice shall be given to all construction trade journals specified by the Commission for the receipt of such notice for Contra Costa County; and
b. Additional notice to other contractors and/or trade journals may, in the discretion of the City, be given.

2. If the product or service to be acquired is proprietary in nature such that it can only be obtained from a certain contractor or contractors, notice inviting bids may be sent only to such contractor or contractors in accordance with Public Contract Code section 3400 et seq.

3. All mailing of notices to contractors and/or construction trade journals shall be completed not less than ten days before bids are due.

4. The notice shall describe the project in general terms, how to obtain more detailed information about the project and shall state the time and place for submission of bids.
4b Attachment 2
Resolution XX05-2022 Purchasing Policy 5 January 18, 2022February 6, 2024 E. Formal Bidding.

1. When a public project is to be performed which qualifies for formal bidding, notice of such project shall be given as follows except where the product or service is proprietary:
a. Notice shall be given to all construction trade journals specified by the Commission for the receipt of such notice for Contra Costa County and notice shall be published in a newspaper of general circulation printed and published or circulated in the City; and
b. Additional notice to other contractors and/or trade journals may, in the discretion of the City, be given.

3. All notices to construction trade journals shall be completed not less than fifteen days before bids are due. All notices shall be published in a newspaper of general circulation not less than fourteen days before bids are due.

4. The notice shall describe the project in general terms, how to obtain more detailed information about the project and shall state the time and place for submission of bids.

F. Award of Contracts. The City Manager is authorized to award contracts for public projects up to the amount specified in this policy. The City Council shall award all contracts in excess of the foregoing amount.

G. Rejection of Bids. The City Manager or the City Council, as the case may be, may, in the City Manager’s or City Council’s discretion, reject all bids and proceed as authorized by the Act.

H. Emergencies. Emergency work shall be contracted for in accordance with Public Contract Code Sections 22035 and 22050.

INFORMAL QUOTE PROCESS
The informal quote process shall follow, at a minimum, the following guidelines.

A. Minimum Number of Quotes. Selection of a vendor based on the informal quote process shall, whenever possible, be based on at least three (3) quotes. 4b Attachment 2
Resolution XX05-2022 Purchasing Policy 6 January 18, 2022February 6, 2024 B. Soliciting Quotes. The originating department shall solicit quotes from prospective vendors by written or verbal requests.

C. Award of Contract. Informal quote-based purchases shall be awarded to the vendor presenting a quote that is in the City’s best interests as determined by the purchasing officer. Contracts for professional services shall be awarded on the basis of demonstrated competence and professional qualifications. The purchasing officer may reject all quotes received in its discretion.

D. Additional Procurement Requirements. In circumstances where more restrictive requirements apply (e.g., grant funding requirements), the City will follow the more restrictive requirements to the extent required by the external source of procurement requirements.

FORMAL REQUEST FOR PROPOSAL OR REQUEST FOR QUALIFICATIONS

PROCESS
The formal RFP or RFQ process shall follow, at a minimum, the following guidelines.

A. Preparing RFP or RFQ. The originating department shall prepare the RFP or RFQ, which shall contain, among other details, scope of the problem or objective, a general description of the goods or services to be purchased, anticipated schedule, proposal or SOQ evaluation factors, City expectations, limitations, contractual requirements, types of experience and qualifications considered in the evaluation, and other requirements specific to the procurement scope.

B. Solicitation Requirements. In issuing the RFP or RFQ, the originating department shall prepare a list of at least three (3) potential vendors to receive the RFP or RFQ, and where deemed appropriate by the purchasing officer, advertise the RFP or RFQ in a local newspaper of general circulation or other forums. The City shall allow a reasonable length of time, based on the complexity and size of the project, between solicitation and closing dates to provide potential respondents time to respond.

C. Distribution of Responses. All proposals or SOQs received by the City in response to an RFP or RFQ shall be time stamped either manually or electronically and submitted to the originating department for review.

D. Evaluation. Proposals or SOQs shall be evaluated by a selection committee, appointed by the department head of the originating department, subject to the approval of the purchasing officer, based upon the evaluation criteria specified in the RFP or RFQ.

E. Specified Professional Services. If the RFP or RFQ is for the procurement of professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature, the evaluation factors must address the 4b Attachment 2
Resolution XX05-2022 Purchasing Policy 7 January 18, 2022February 6, 2024 demonstrated competence and professional qualifications of the respondents and ensure the cost is reasonable.

F. Additional Procurement Requirements. In circumstances where more restrictive requirements apply (e.g., grant funding requirements), the City will follow the more restrictive requirements to the extent required by the external source of procurement requirements.

FORMAL BIDDING PROCESS
The formal bidding process shall follow, at a minimum, the following guidelines.

A. Notice Inviting Bids. Notice inviting bids shall include: (i) a general description of the goods or services to be procured; (ii) where bid forms and specifications may be obtained; and (iii) the date, time, and place for opening of the bids. The publication or posting of the notice inviting bids either electronically or in hard copy shall be conducted at least ten (10) days before the date of opening bids unless the purchasing officer deems a shorter or longer period of solicitation is necessary based on applicable circumstances.

B. Bid Security. When deemed necessary by the purchasing officer, bid security may be prescribed in the notice inviting bids. Bidders shall be entitled to the return of bid security; provided, however, a successful bidder shall forfeit his or her bid security upon his refusal or failure to execute the contract within the time specified in the bid documents following award of the contract, unless the City is solely responsible for the delay in executing the contract. The Purchasing Officer or originating department, on the refusal or failure of the successful bidder to execute the contract, may award it to the next lowest responsible bidder submitting a responsive bid.

C. Bid Opening. Sealed bids shall be submitted in accordance with the requirements of the notice inviting bids and shall be clearly identified as a response to a particular bid solicitation. Upon receipt, the City shall date and time stamp the bid package either electronically or manually. Bids shall be opened in public either in a physical or electronic setting at the time and place stated in the notice inviting bids.

D. Rejection of Bids. In its discretion, the City Council, or its designee, may reject any and all bids, accept or reject any one or more items of a bid, or waive any irregularities or informalities in the bids or the bidding process if to do so is deemed to best serve the interests of the City. If, after the first invitation of bids, all bids are rejected, the City may elect to re-advertise for bids pursuant to the procedure prescribed in this section or have the project done by any alternative means.

E. Award of Contract. Contract award, if made, shall be made by the City Council to the lowest responsible bidder submitting a responsive bid. 4b Attachment 2
Resolution XX05-2022 Purchasing Policy 8 January 18, 2022February 6, 2024 F. Tie Bids. If two (2) or more bids received are for the same total amount, with quality being equal, the City Council may accept the bid it chooses or accept the lowest bid made after negotiation with the tied bidders.

G. Additional Procurement Requirements. In circumstances where more restrictive requirements apply (e.g., grant funding requirements), the City will follow the more restrictive requirements to the extent required by the external source of procurement requirements.

EXCEPTIONS TO COMPETITIVE PROCUREMENT REQUIREMENTS
As an exception to the procurement procedures in these guidelines, purchases may be made without engaging in the competitive procurement procedures set forth herein, except for Public Projects, when the City Manager or City Council (subject to the dollar limits in these guidelines) approve of such non-competitive procurement under any of the following circumstances:

A. Where the procurement of goods, supplies, equipment, materials, or services is necessitated by reason of emergency circumstances where the procurement is required to prevent the immediate interruption or cessation of necessary City services or to safeguard life, property, or the public health and welfare.

B. Where (1) it is in the City’s best interests to rely upon a contract procured by another public agency; (2) a competitive procurement procedure has been conducted for that contract by the public agency (i.e., another local agency, the State through the California Multiple Award Schedule (CMAS), the federal government through the General Services Administration (GSA), or a joint powers agency, authority or alliance that procures competitive contracts); and (3) the price and terms to the City are equal to or better than the price and terms to that public agency.

C. When only one known source of the goods, supplies, equipment, materials, or services is available. For example, where a particular piece of equipment is of a specialized nature and may only be obtained from one known vendor.

D. When the procurement is for (1) utility services; (2) services necessary to conduct City meetings or events; (3) IT related services; (4) banking services; (5) the acquisition, lease or rental of real property; (6) services and equipment necessary to maintain standardization with existing services or equipment utilized by the City or 7) services that are paid through a developer deposit on private development projects or other pass-through services.

E. If competitive procurement would not produce an advantage, or it is impracticable to obtain what is required because of the unique nature of the procurement.

F. Where it is in the best interests of the City to do so as otherwise permitted by applicable law.
4b Attachment 2
Resolution XX05-2022 Purchasing Policy 9 January 18, 2022February 6, 2024 Prior to award of a contract under any of the foregoing exceptions, the City Manager shall certify that the contract is exempt from competitive procurement and shall set forth in the certification reasons for that determination.

ENVIRONMENTALLY PREFERRABLE PURCHASING (EPP) POLICY
A. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings:

1. "Agricultural Bio-Based Products" means commercial or industrial products (other than food or feed) that utilize agricultural crops or residues but does not include products made from forestry materials.

2. "Annual Recovered Organic Waste Product Procurement Target" means the amount of Organic Waste in the form of a Recovered Organic Waste Product that the City is required to procure annually, based on population.

3. "Buyer" means anyone authorized to purchase or contract for purchases on behalf of this jurisdiction or its subdivisions.

4. "Chlorine free" means products processed without chlorine or chlorine derivatives.

5. "Compost (SB 1383 Eligible)" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4).

6. "Compostable" means material that is biodegradable during composting to yield carbon dioxide, water and inorganic compounds, and biomass at a rate consistent with other known compostable materials and leaves no visually distinguishable or toxic residues.

7. "Contractor" means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor, or other entity that has a contract with the City or serves in a subcontracting capacity with an entity having a contract with the City for the provision of goods or services.

8. "Direct Service Provider" means a person, company, agency, contractor, or other entity that provides a service or services to the City through a contractual or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).

9. "Dioxins and furans" are a group of chemical compounds that are classified as persistent, bioaccumulative, and toxic by the Environmental Protection Agency. 4b Attachment 2
Resolution XX05-2022 Purchasing Policy 10 January 18, 2022February 6, 2024

10."Electricity Procured from Biomass Conversion" means electricity generated from biomass facilities that convert recovered Organic Waste, such as landscaping waste from the municipal stream, into electricity, and is therefore eligible to meet the City's Annual Recovered Organic Waste Product Procurement Target.

11."Energy Star" means the U.S. EPA's energy efficiency product labeling program.

12."Energy Efficient Product" means a product that is in the upper 25% of energy efficiency for all similar products, or that is at least 10% more efficient than the minimum level that meets Federal standards.

13."Federal Energy Management Program" is a program of the Department of Energy that issues a series of Product Energy Efficiency Recommendations that identify recommended efficiency levels for energy-using products.

14.The "Forest Stewardship Council" is a global organization that certifies responsible, on- the-ground forest management according to rigorous standards developed by a broad variety of stakeholder groups.

15."Integrated Pest Management (IPM)" is an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment.

16."LEEDTM Rating System" means the most recent version of the Leadership in Energy and Environmental Design (LEED) Rating System, approved by the U.S. Green Building Council, and designed for rating new and existing commercial, institutional, and residential buildings.

17."Organic Pest Management" prohibits the use and application of toxic chemical pesticides and strives to prevent pest problems through the application of natural, organic horticultural and maintenance practices. All pest control products shall be in keeping with, but not limited to, those products on the approved list of California Certified Organic Foods (CCOF).

18."Organic Waste" means solid waste 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 4b Attachment 2
Resolution XX05-2022 Purchasing Policy 11 January 18, 2022February 6, 2024 otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.

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

20."Postconsumer Material" means a finished material which would normally be disposed of as a solid waste, having reached its intended end-use and completed its life cycle as a consumer item, and does not include manufacturing or converting wastes.

21."Practical" and "Practicable" mean whenever possible and compatible with local, state, and federal law, without reducing safety, quality, or effectiveness and where the product or service is available at a reasonable cost in a reasonable period of time.

22."Preconsumer Material" means material or by-products generated after manufacture of a product is completed but before the product reaches the enduse consumer. Preconsumer material does not include mill and manufacturing trim, scrap, or broke which is generated at a manufacturing site and commonly reused on-site in the same or another manufacturing process.

23."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, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).

24."Procurement of Recovered Organic Waste Products" shall mean purchase or acquisition of (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract) Organic Waste Products and end use by the City. 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.

25."Proposition 65" means a list of chemicals that are known to the State of California to cause cancer, birth defects or other reproductive harm.

26."Recordkeeping" means the system established by this policy and the General Services and Administrative Services departments used to track procurement and maintain records that includes Recovered Organic Waste Product procurement efforts by the City.
4b Attachment 2
Resolution XX05-2022 Purchasing Policy 12 January 18, 2022February 6, 2024

27."Recovered Material" means fragments of products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value and includes preconsumer and postconsumer material but does not include excess resources of the manufacturing process.

28."Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper" means such products that consist of at least thirty percent (30%) recycled materials, by fiber weight, post-consumer fiber, or as-much as one hundred percent (100%) post-consumer fiber by fiber weight, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code, as they may be amended from time to time; and:
a. Printing and writing paper shall consist of at least 30 percent, by fiber weight, postconsumer fiber
b. Other paper products shall consist of at least 30 percent, by fiber weight, of postconsumer recycled content fiber, except as specified below:
c. Toilet paper shall consist of at least 45 percent, by fiber weight, postconsumer recycled content fiber
d. Paper towels shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber
e. Facial tissue shall consist of at least 10 percent, by fiber weight, postconsumer recycled content fiber
f. Toilet seat covers shall consist of at least 20 percent, by fiber weight, postconsumer recycled content fiber
g. General purpose paper wipers shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber
h. Food serviceware, including but not limited to, napkins, plates, bowls, food trays, takeout boxes, placemats, etc. shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber.

29. "Recycled Content" means the percentage of recovered material, including preconsumer and postconsumer materials, in a product.

30."Recycled Content Standard" means the minimum level of recovered material and/or postconsumer material necessary for products to qualify as "recycled products."

31."Recycled Material" means material and byproducts that have been recovered or diverted from solid waste and have been utilized in place of raw or virgin material in manufacturing a product. It is derived from post-consumer recycled material, manufacturing waste, industrial scrap, agricultural waste, and other waste material, but does not include material or byproducts generated from, and commonly reused within, an original manufacturing process.

32."Recycled Product" means a product that meets the City's recycled content policy objectives for postconsumer and recovered material. 4b Attachment 2
Resolution XX05-2022 Purchasing Policy 13 January 18, 2022February 6, 2024

33."Remanufactured Product" means any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to its original form.

34."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 the State, or as otherwise defined in 14 CCR Section 18982(a)(62).

35."Reused Product" means any product designed to be used many times for the same or other purposes without additional processing except for specific requirements such as cleaning, painting or minor repairs.

36."SB 1383" means Senate Bill 1383 approved by the Governor on September 19, 2016, which establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced.

37."SB 1383 Eligible Compost" means the product resulting from the controlled biological decomposition of organic solid wastes that is produced at an approved facility and in such a way that makes it eligible to meet the Annual Recovered Organic Waste Product Procurement Target, as defined by CalRecycle.

38."SB 1383 Eligible Mulch" means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4): Must 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 and must be produced at one of the following facilities:
a. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR 17852(a)(10);
b. 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,
c. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.

39."SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to the ShortLived Climate Pollutants (SLCP): Organic Waste Reductions regulations 4b Attachment 2
Resolution XX05-2022 Purchasing Policy 14 January 18, 2022February 6, 2024 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.

40."Source Reduction" refers to products that result in a net reduction in the generation of waste compared to their previous or alternate version and includes durable, reusable, and remanufactured products; products with no, or reduced, toxic constituents; and products marketed with no, or reduced, packaging.

41.The "Toxics Release Inventory" (TRI) is a publicly available U.S. EPA database that contains information on toxic chemical releases and other waste management activities reported annually by certain covered industry groups as well as federal facilities.

42."U.S. EPA Guidelines" means the Comprehensive Procurement Guidelines established by the U.S. Environmental Protection Agency for federal agency purchases as of May 2002 and any subsequent versions adopted.

43."Vendor" means a person or company who provides goods or services. A vendor can also be referred to as a supplier or direct service provider.

44."Water-Saving Products" are those that are in the upper 25% of water conservation for all similar products, or at least 10% more water-conserving than the minimum level that meets the Federal standards.

EPP POLICY ELEMENTS
The City of Clayton is committed to responsible and sustainable procurement practices. This provision of the Purchasing Guidelines Policy is established to ensure that all procurement activities undertaken by the City are conducted in accordance with the guidelines provided by CalRecycle and the California Department of General Services (DGS) Environmental Purchasing Program (EPP) and comply with State requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations (14 CCR § 18992 et seq.)) to procure a specified amount of Recovered Organic Waste Products, to purchase Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper.

SCOPE
4b Attachment 2
Resolution XX05-2022 Purchasing Policy 15 January 18, 2022February 6, 2024 This policy applies to all City of Clayton departments, employees, and contractors involved in procurement activities, including the acquisition of goods and services.

EPP PRINCIPLES
The City of Clayton shall adhere to the following EPP principles as outlined by the DGS:

A. Sustainable Sourcing: The city shall prioritize the procurement of goods and services that are produced, manufactured, and sourced in a sustainable and environmentally responsible manner.

B. Energy Efficiency: The city shall give preference to products and services that are energy-efficient and contribute to the reduction of greenhouse gas emissions.

C. Resource Conservation: The city shall seek products and services that promote resource conservation, including the use of recycled, reused, or remanufactured materials whenever possible.

D. Pollution Prevention: The city shall prioritize goods and services that minimize or eliminate the release of hazardous substances and pollutants into the environment.

E. Local Sourcing: Whenever feasible and cost-effective, the City shall support local businesses and communities by procuring goods and services from local suppliers.

PROCUREMENT PROCESS
A. Needs Assessment: Prior to initiating any procurement, departments shall assess their needs and consider if environmentally preferable options are available.

B. Vendor Selection: Departments shall evaluate potential vendors based on their commitment to EPP principles and their ability to provide environmentally preferable products and services.

C. Cost-Effectiveness: While promoting EPP, departments must ensure that the selected goods and services remain cost-effective and meet the City's budgetary constraints.

D. Documentation: All procurement decisions and justifications for selecting vendors and products based on EPP principles shall be documented and maintained for auditing purposes and will follow the Record Keeping practices as outlined in this Policy.

COMPLIANCE AND MONITORING
4b Attachment 2
Resolution XX05-2022 Purchasing Policy 16 January 18, 2022February 6, 2024 A. Reporting and Record Keeping: Departments shall report their EPP efforts regularly to the City Manager's Office.

B. Auditing: The City shall periodically conduct audits to ensure compliance with this policy and make improvements where necessary.

EDUCATION AND TRAINING
The City of Clayton shall provide education and training opportunities to employees involved in the procurement process to ensure a comprehensive understanding of EPP principles and their application.

EXCEPTIONS
Exceptions to this policy may be granted on a case-by-case basis by the City Manager, or his or her designee, when compliance is not feasible due to specific circumstances.

REVIEW AND REVISION
This Purchasing Policy shall be reviewed periodically to assess its effectiveness and relevance, andrelevance. The policy shall be revised as necessary to align with evolving EPP guidelines and best practices.

IMPLEMENTATION
This policy shall take effect immediately upon approval and shall be communicated to all staff of the City of Clayton.

SPECIFICATIONS
A. Source Reduction

1. The City of Clayton shall institute practices that reduce waste and result in the purchase of fewer products whenever practicable and cost-effective, but without reducing safety or workplace quality;

2. The City of Clayton shall purchase remanufactured products such as laser toner cartridges, tires, furniture, equipment and automotive parts whenever practicable, but without reducing safety, quality or effectiveness; b.3. The City of Clayton shall require all equipment bought after the adoption of this policy to be compatible with source reduction goals as referred to in this section, when practicable.
c.
4b Attachment 2
Resolution XX05-2022 Purchasing Policy 17 January 18, 2022February 6, 2024

3.4. All purchasers shall consider short-term and long-term costs in comparing product alternatives, when feasible. This includes evaluation of total costs expected during the time a product is owned, including, but not limited to, acquisition, extended warranties, operation, supplies, maintenance, disposal costs and expected lifetime compared to other alternatives.

4.5. Products that are durable, long lasting, reusable or refillable are preferred whenever feasible.

5. 6. The City requests vendors to eliminate packaging or use the minimum amount necessary for product protection, to the greatest extent practicable.

7. 8.7. Packaging that is reusable, recyclable or compostable is preferred, when suitable uses and programs exist.

9. 10.8. Vendors shall be encouraged to take back and reuse pallets and packaging materials.

11. 9. Suppliers of electronic equipment, including but not limited to computers, monitors, printers, and copiers, shall be required to take back equipment for reuse or environmentally safe recycling when the City discards or replaces such equipment, whenever possible.

B. Recycled Content Products

1. 2.1. All products for which the United States Environmental Protection Agency (U.S. EPA) has established minimum recycled content standard guidelines, such as those for printing paper, office paper, janitorial paper, construction, landscaping, parks and recreation, transportation, vehicles, miscellaneous, and non-paper office products, shall contain the highest postconsumer content practicable, but no less than the minimum recycled content standards established by the U.S. EPA Guidelines.

3. 4.2. Consistent with Public Contracting Code 22150, if fitness, and quality, and price of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper are equal to that of non-recycled items, all departments and divisions of the City shall purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper, as defined in the Definitions section of this Policy, whenever available at the same or a lesser total cost than non-recycled items, consistent with the requirements of the Public Contracts Code, Sections 22150 through 22154 and Sections 12200 and 12209, as they may be amended from time to time.

5. 4b Attachment 2
Resolution XX05-2022 Purchasing Policy 18 January 18, 2022February 6, 2024

6.3. All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

7. 8.4. Records must be maintained by the City of all Paper Products and Printing and Writing Paper purchases on a schedule to be determined by the City Manager, or his or her designee, and not less than annually (both recycledcontent and non-recycled content, if any is purchased) for all purchases made by a division or department or employee of the City.

9. 10.5. All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to the City shall:

11. a. Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper, as defined in the Definitions section of this Policy, if fitness and quality are equal to that of non-recycled item, and the product is available at equal or lesser price.
b. Certify in writing 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 and/or Printing and Writing Paper can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
c.
d.c. Only provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standard as defined in Title 16 Code of Federal Regulations Section 260.12 (2013) (relating to correct labeling and marketing of products).
e.
f.d.Provide records to the Purchaser for all Paper Products and Printing and Writing Paper on a schedule to be determined by the City Manager, or his or her designee.
e. All vendors providing printing services to the City via a printing contract or written agreement, shall use Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non-recycled item, and the product is available at equal or lesser price, or as amended by Public Contract Code Section 12209.

12. 4b Attachment 2
ii
Resolution XX05-2022 Purchasing Policy 19 January 18, 2022February 6, 2024

6. Copiers and printers bought shall be compatible with the use of recycled content products.

13. 7. When specifying asphalt concrete, aggregate base or portland cement concrete for road construction projects, the City shall use recycled, reusable, or reground materials when practicable.

14. 8. The City shall specify and purchase recycled content transportation products, including signs, cones, parking stops, delineators, and barricades when practicable.

C. Gas and Oil Procurement

15. 1. For Renewable Gas procurement (used for fuel for transportation, electricity, or heating applications), 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.
b. Keep records in the same manner indicated in the Record Keeping section of this Policy for the amount of Renewable Gas procured and used by the City, including the general procurement record information specified in the Record Keeping section of this Policy, and ensure documentation is on file in the central filing location and on a schedule as determined by the City Manager, or his or her designee, and not less than annually.

2. 2. Per California Public Contract Code, Section. 10409, the City shall purchase rerefined lubricating and industrial oil for use in its vehicles and other equipment, as long as it is certified by the American Petroleum Institute (API) as appropriate for use in such equipment.

C.D. Energy and Water Savings

1. Where applicable and practicable, energy-efficient equipment shall be purchased with the most up-to-date energy efficiency functions. This includes, but is not limited to, high efficiency space heating systems and high efficiency space cooling equipment.

2. When practicable, the City shall replace inefficient lighting with energy- efficient equipment.

3. 4.3. All products purchased by the City and for which the U. S. EPA Energy Star certification is available shall meet Energy Star certification, when practicable. When Energy Star labels are not available, purchasing agents shall 4b Attachment 2
Resolution XX05-2022 Purchasing Policy 20 January 18, 2022February 6, 2024 choose energy-efficient products that are in the upper 25% of energy efficiency as designated by the Federal Energy Management Program (FEMA).

5. 4. The City shall purchase water-saving products whenever practicable.

E. Green Building - Construction and Renovations

6. 1. All building and renovations undertaken by the City shall follow Green Building Practices for design, construction, and operation, where appropriate, as described in the LEEDTM Rating System, meet California Green Building Standards Code, Part 11, Title 24, California Code of Regulations (CalGreen) and California’s Model Water Efficient Landscape Ordinance (MWELO) requirements. Building and landscaping products, purchases, and use by the City shall be consistent with CalGreen and MWELO requirements.

F. Landscaping

1. 1. All landscape renovations, construction and maintenance by the City, including workers and contractors providing landscaping services for the City, shall employ sustainable landscape management techniques for design, construction, and maintenance whenever possible, including, but not limited to, integrated pest management, grasscycling, drip irrigation, composting, and procurement and use of mulch and compost.

1. 2. The City, including through its Direct Service Providers, will make every effort to meet its annual procurement target for Recovered Organic Waste Products as determined by the State. Periodically, the City shall distribute information to City Staff on the Procurement target and specific products that meet SB 1383 procurement requirements. Divisions and departments responsible for landscaping maintenance, compost giveaways or other types of compost distribution shall:

3. a. Use SB 1383 Eligible Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste, as defined in the Definitions section of this Policy, for landscaping maintenance as practicable, whenever available, and capable of meeting quality standards and criteria specified.
a.
b. Ensure that SB 1383 Eligible Mulch producers annually certify that the mulch meets the definition contained in the Definitions section of this Policy through the following:
c.
i. Copy of operation or facility permit or authorization; and ii. Copy of laboratory results confirming the mulch meets or exceeds the physical contamination, maximum metal concentration, and 4b Attachment 2
Resolution XX05-2022 Purchasing Policy 21 January 18, 2022February 6, 2024 pathogen density standards for land application specified in 14 CCR Section 17852(a)(24.5)(A) 1 through 3.

Failure to provide the applicable certification documents on an annual basis or at the request of the City will result in the mulch no longer being eligible as a recovered organic waste product under this procurement policy.

4.3. Keep records, including invoices or proof of Recovered Organic Waste Product procurement (either through purchase or acquisition), and submit records to the City Manager, or his or her designee, either directly or via a centralized file location on a schedule to be determined by City Manager, or his or her designee, and not less than annually. General Procurement Records shall include:

5. 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.

6. 4. 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 City Manager, or his or her designee, either directly or via a centralized file location in accordance with the requirements specified in the Record Keeping section of this Policy.

7. 5. When a Direct Service Provider for the City procures compost or mulch, the City will enter into a written contract or agreement, or execute a purchase order between the City and Direct Service Provider with enforceable provisions that include:
a.
a. Definitions and specifications for SB 1383 Eligible Mulch, Compost, Renewable Gas, and/or Electricity Procured from Biomass Conversion; and,
b. An enforcement mechanism (e.g., termination, liquidated damages) in the event the Direct Service Provider is not compliant with the requirements.

8. 6. Ensure that projects subject to California’s MWELO that will be used to meet the annual recovered organic waste product procurement target comply with 4b Attachment 2
Resolution XX05-2022 Purchasing Policy 22 January 18, 2022February 6, 2024 CCR Title 23, Division 2, Chapter 2.7, Sections 492.6 (a)(3)(B), (C), (D), and (G).

9. 7. Plants should be selected to minimize waste by choosing species for purchase that are appropriate to the microclimate, species that can grow to their natural size in the space allotted them, and perennials rather than annuals for color when practicable. Native and drought-tolerant plants that require no or minimal watering once established are preferred.

10. 8. Hardscapes and landscape structures constructed of recycled content materials are encouraged. The City shall limit the amount of impervious surfaces in the landscape, wherever practicable. Permeable substitutes, such as permeable asphalt or pavers, are encouraged for walkways, patios, and driveways.

G. Toxics and Pollution

11. 1. To the extent practicable, no cleaning or disinfecting products (i.e., for janitorial or automotive use) shall contain ingredients that are carcinogens, mutagens, or teratogens. These include chemicals listed by the U.S. E.P.A. or the National Institute for Occupational Safety and Health on the Toxics Release Inventory and those listed under Proposition 65 by the California Office of Environmental Health Hazard Assessment.

1. 2. The use of chlorofluorocarbon-containing refrigerants, solvents and other products shall be phased out and new purchases shall not contain them.

2. 3. All surfactants and detergents shall be readily biodegradable and, where practicable, shall not contain phosphates.

3. 4. When maintaining buildings and landscapes, the City shall manage pest problems through prevention and physical, mechanical and biological controls where practicable. The City may implement pest management practices using the least toxic pest control as a last resort.

4. 5. When maintaining buildings, the City shall use products with the lowest amount of volatile organic compounds (VOCs), highest recycled content, and low or no formaldehyde when purchasing materials such as paint, carpeting, adhesives, furniture and casework as practicable.

5. 6. The City shall reduce or eliminate its use of products that contribute to the formation of dioxins and furans. This includes, but is not limited to:
a.
a. Purchasing paper, paper products, and janitorial paper products that are unbleached or that are processed without chlorine or chlorine derivatives, whenever possible.
4b Attachment 2
Resolution XX05-2022 Purchasing Policy 23 January 18, 2022February 6, 2024 b. Prohibiting purchase of products that use polyvinyl chloride (PVC) such as, but not limited to, office binders, furniture, flooring, and medical supplies whenever practicable.

6. 7. The City shall purchase products and equipment with no lead or mercury whenever possible. For products that contain lead or mercury, the City shall give preference to those products with lower quantities of these metals and to vendors with established lead and mercury recovery programs.

7. 8. When replacing vehicles, the City shall consider less-polluting alternatives to diesel such as compressed natural gas, renewable natural gas (RNG), biobased fuels, hybrids, electric batteries, and fuel cells, as available.

H. Forest Conservation

1. To the greatest extent practicable, the City shall not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. When possible, the City shall give preference to wood products that are certified to be sustainably harvested by a comprehensive, performance-based certification system.

I.
4b Attachment 2
Resolution XX05-2022 Purchasing Policy 24 January 18, 2022February 6, 2024 I. Agricultural Bio-Based Products

1. 1. Vehicle fuels made from non-wood, plant-based contents such as vegetable oils are encouraged whenever practicable.

1. 2. Paper, paper products and construction products made from non-wood, plantbased contents such as agricultural crops and residues are encouraged whenever practicable.

J. Record Keeping

1. 1. Each purchasing agent is responsible to provide documentation required by SB 1383 directly to the City Manager, or his or her designee, or to file required documentation of purchases subject to SB 1383 in the centralized file location as designated by the City Manager, or his or her designee. The City Manager, or his or her designee, will be responsible for monitoring and reporting functions related to record-keeping pertaining to Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper. The City Manager, or his or her designee, will do the following to track Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper:

2. a. Ensure the centralized file location designated by the City Manager, or his or her designee, includes electronic copies of invoices or receipts (paper copies shall be scanned to the designated file location) 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 the City’s documentation of its compliance with 14 CCR Section 18993.3.
b.
i. If non-Recycled-Content Paper Products and/or non-RecycledContent 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 purchased.

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 4b Attachment 2
Resolution XX05-2022 Purchasing Policy 25 January 18, 2022February 6, 2024 records must be kept as part of the City’s documentation of its compliance with 14 CCR Section 18993.1.

4. c. Collect, collate, and maintain documentation submitted by the City’s Direct Service Providers, and/or vendors.

5. d. As required, compile data and 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 requirements for Recycled-Content Paper Products and RecycledContent Printing and Writing Paper procurement. 4b Attachment 2

EXHIBIT A

PURCHASING GUIDELINES POLICY
AS ESTABLISHED BY RESOLUTION XX-2024 AND
PURSUANT TO CLAYTON MUNICIPAL CODE CHAPTER 3.10.020

PURPOSE
The purpose of this Purchasing Guidelines Policy is to establish internal controls, responsibilities and authorization levels and other requirements related to purchasing goods and services for the City. This policy:
• establishes controls that identify clear authority and responsibility for purchasing activities;
• secures goods and services at the lowest cost commensurate with quality and other qualitative factors;
• ensures appropriate levels of competition and provides equal opportunity for all qualified vendors; and
• outlines the guidelines and principles that the City will follow to make environmentally preferable purchasing decisions.

This policy is adopted in accordance with Section 3.10.020 of the Clayton Municipal Code, as it may be amended from time to time.

PURCHASING OFFICER
The City Manager, or the City Manager’s designee, is the City’s purchasing officer, with the authority and the responsibility to:

1. Carry out the purchasing policies of the City,

2. Prepare or revise, in cooperation with each department, written standard specifications for purchases of goods, supplies, equipment, and services,

3. Purchase or contract for goods, supplies, equipment, and services required by City departments according to these purchasing procedures and such administrative regulations as the City Manager shall prescribe,

4. Obtain full and open a competition where required herein when purchasing or contracting for goods, supplies, equipment, and services,

5. Keep informed of current developments in the field of purchasing, prices, contracting for goods, supplies, equipment, and services, 4c Attachment 3

6. Ensure the inspection of all supplies and equipment purchases to guarantee quality and conformance with City specifications,

7. Recommend the transfer of unused supplies and equipment between departments as needed,

8. Sell supplies and equipment that cannot be used by any department or that have become unsuitable for City use,

9. Maintain a contractor list in accordance with the procedures specified for Public Projects,

10.Maintain any and all necessary records for the efficient operation of the purchasing function.

MAINTENANCE AND GENERAL SERVICES
Maintenance services are routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. 4c Attachment 3
Maintenance services also includes the types of work set forth in Public Contract Code section 22002(d), as it may be amended from time to time.

General services are any services that are typically physical or manual in nature and do not ordinarily require specialized higher education or equivalent credentials to perform.

A. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings:
4c Attachment 3

1. “Act” means the Uniform Public Construction Cost Accounting Act (California Public Contracts Code Section 22000 et seq.).

2. “City” means the City of Clayton.

B. Public Project Contracting Procedures. The City shall follow the contracting procedures set forth in Article 3 of the Act (Public Contract Code Section 22030 et seq.).

C. Contractors List. The City Manager, or his or her designee, shall compile and maintain a list of qualified contractors identified according to categories of work.

This list shall comply with the requirements of the Act and the criteria promulgated, from time to time, by the Commission.

D. Informal Bidding.

3. All mailing of notices to contractors and/or construction trade journals shall be completed not less than ten days before bids are due.

4. The notice shall describe the project in general terms, how to obtain more detailed information about the project and shall state the time and place for submission of bids.
4c Attachment 3
E. Formal Bidding.

4. The notice shall describe the project in general terms, how to obtain more detailed information about the project and shall state the time and place for submission of bids.

G. Rejection of Bids. The City Manager or the City Council, as the case may be, may, in the City Manager’s or City Council’s discretion, reject all bids and proceed as authorized by the Act.

H. Emergencies. Emergency work shall be contracted for in accordance with Public Contract Code Sections 22035 and 22050.

INFORMAL QUOTE PROCESS
The informal quote process shall follow, at a minimum, the following guidelines.

A. Minimum Number of Quotes. Selection of a vendor based on the informal quote process shall, whenever possible, be based on at least three (3) quotes. 4c Attachment 3
B. Soliciting Quotes. The originating department shall solicit quotes from prospective vendors by written or verbal requests.

FORMAL REQUEST FOR PROPOSAL OR REQUEST FOR QUALIFICATIONS

PROCESS
The formal RFP or RFQ process shall follow, at a minimum, the following guidelines.

E. Award of Contract. Contract award, if made, shall be made based upon the terms of the RFP or RFQ. The City Council, or its designee, may award a contract and reject all or any proposals or SOQs in its discretion.
4c Attachment 3
F. Specified Professional Services. If the RFP or RFQ is for the procurement of professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature, the evaluation factors must address the demonstrated competence and professional qualifications of the respondents and ensure the cost is reasonable.

FORMAL BIDDING PROCESS
The formal bidding process shall follow, at a minimum, the following guidelines.

E. Award of Contract. Contract award, if made, shall be made by the City Council to the lowest responsible bidder submitting a responsive bid. 4c Attachment 3
F. Tie Bids. If two (2) or more bids received are for the same total amount, with quality being equal, the City Council may accept the bid it chooses or accept the lowest bid made after negotiation with the tied bidders.

E. If competitive procurement would not produce an advantage, or it is impracticable to obtain what is required because of the unique nature of the procurement.

F. Where it is in the best interests of the City to do so as otherwise permitted by applicable law.
4c Attachment 3
Prior to award of a contract under any of the foregoing exceptions, the City Manager shall certify that the contract is exempt from competitive procurement and shall set forth in the certification reasons for that determination.

ENVIRONMENTALLY PREFERRABLE PURCHASING (EPP) POLICY
A. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings:

3. "Buyer" means anyone authorized to purchase or contract for purchases on behalf of this jurisdiction or its subdivisions.

4. "Chlorine free" means products processed without chlorine or chlorine derivatives.

9. "Dioxins and furans" are a group of chemical compounds that are classified as persistent, bioaccumulative, and toxic by the Environmental Protection Agency. 4c Attachment 3

11."Energy Star" means the U.S. EPA's energy efficiency product labeling program.

18."Organic Waste" means solid waste 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 4c Attachment 3
otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.

25."Proposition 65" means a list of chemicals that are known to the State of California to cause cancer, birth defects or other reproductive harm.

29."Recycled Content" means the percentage of recovered material, including preconsumer and postconsumer materials, in a product.

30."Recycled Content Standard" means the minimum level of recovered material and/or postconsumer material necessary for products to qualify as "recycled products."

32."Recycled Product" means a product that meets the City's recycled content policy objectives for postconsumer and recovered material. 4c Attachment 3

33."Remanufactured Product" means any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to its original form.

39."SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to the ShortLived Climate Pollutants (SLCP): Organic Waste Reductions regulations 4c Attachment 3
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.

43."Vendor" means a person or company who provides goods or services. A vendor can also be referred to as a supplier or direct service provider.

The City’s goal is to create a model for successfully purchasing environmentally preferable products that encourages other purchasers in our community to adopt similar goals. This policy aims to promote environmentally preferable purchasing (EPP) of goods and services while maintaining cost-effectiveness, transparency, and compliance with all applicable laws and regulations.
4c Attachment 3
SCOPE
This policy applies to all City of Clayton departments, employees, and contractors involved in procurement activities, including the acquisition of goods and services.