Agenda packet — Paradise City Council, October 14, 2025 (part 2 of 2)

Town of Paradise
Council Agenda Summary
Date: October 14, 2025
Agenda Item: 6(e)
ORIGINATED BY: Aimee Beleu, Finance Director/ Town Treasurer REVIEWED BY: Michael O’Brien, Interim Town Manager
SUBJECT: Town Council Adoption the Town’s Purchasing Policy

LONG-TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Consider adopting Resolution No. 2025-____ “A Resolution of the Town Council of the Town of Paradise Adopting a Town Purchasing Policy”; and,

2. Direct Staff to return with an amendment to Paradise Municipal Code 2.45 to ensure consistency with the Purchasing Policy; or

3. Provide and alternative directive to town staff. (ROLL CALL VOTE) Background and Analysis:

On September 24, 2019 the Town Council introduced the above noted Town ordinance for purposes of eventual adoption. The intent of the ordinance was to increase the Town’s procurement limits for goods and services to match the needed limits of federal and state agencies for emergency recovery. It provided the Town’s staff the ability to offer services and programs in the most cost effective and efficient manner possible.

Since that time, Town staff have determined that a purchasing policy can function in the same manner as an ordinance, while offering greater flexibility because it can be modified more quickly when necessary. The proposed Purchasing Policy reduces the Town Manager’s contract approval authority from $250,000 to $100,000. It also clarifies purchasing procedures and incorporates best practices for acquiring goods and services on behalf of the Town. Contracts exceeding $100,000, or change orders that cause a contract to exceed that amount will be routed for Council approval.

The Purchasing Policy is attached for review.

Financial Impact:

There is no fiscal impact.

Attachments:

Resolution
Purchasing Policy
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TOWN OF PARADISE
RESOLUTION NO. 2025-___

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE

ADOPTING A TOWN PURCHASING POLICY
WHEREAS, the Town of Paradise has previously adopted Paradise Municipal Code section 2.45 relating to the Town Purchasing System ; and WHEREAS, Town Council desires to approve a purchasing policy for the purpose of settling forth the procedures that the Town will use in the procurement of goods and services; and WHEREAS, the Town will amend chapter 2.45 at a subsequent council meeting to ensure consistency
NOW THERFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:

SECTION 1. The Town of Paradise Purchasing Policy attached hereunder shall be adopted as the Purchasing Policy of the Town of Paradise SECTION 2. Effective Date. This Resolution shall take effect upon its approval by the Town Council.

PASSED AND ADOPTED by the town council of the Town of Paradise on this 14th day of October 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Steve Crowder, Mayor
ATTEST:

BY: ____________________________
Melanie Elvis, Town Clerk
APPROVED AS TO LEGAL FORM:

BY: _____________________________
Scott E. Huber, Town Attorney
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Town of Paradise
Purchasing Policy
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1 SECTION I

GENERAL

PURPOSE AND SCOPE
This document defines the procurement policies and procedures for the Town of Paradise

1.0 GENERAL PROVISIONS
The basic purchasing policy of the Town of Paradise is to obtain quality supplies, services, vehicles and equipment needed for the proper operation of its various divisions at the lowest possible overall cost. This includes maintaining a purchasing system that ensures maximum use of fair and open competition and receipt of the best value for funds available, consistent with applicable laws and regulations.

The purchasing functions are decentralized, with each Department/Division responsible for compliance with Town policies and procedures. Purchasing responsibility and authority shall be delegated to the lowest possible level consistent with good business practice and sound financial management policy to the extent practical.

The following apply to all purchases made by the Town of Paradise:

1. No purchase will be approved or undertaken unless an appropriation has been established, through either the adopted annual budget or Town Council approval of additional appropriations. It is the responsibility of the Department/Division to maintain budget control of their individual budgets. Ultimate responsibility for the individual budget rests with the Department Director.

2. All purchases shall be of the quality deemed necessary to suit the intended purpose, suitable and beneficial to the Town, and in the Town’s best interest.

3. Competitive quotations will be sought based on established dollar limits. Established dollar limits and procedures for specific purchase types are set out in this policy as follows:

General Supplies and Equipment- Section II
Proprietary Equipment and Goods- Section III
General Trade Services- Section IV
Professional Services- Section V
Public Works Contracts- Section VI
Disposal of Assets- Section VII

4. Certain purchases are unique in nature and do not lend themselves to the process of competitive bidding. Therefore, these items are excluded from the competitive bidding and purchase order requirements in Sections II through VI. These items include, but are not limited to, County Services, debt service payments, and ongoing expenses for utilities or services (such as telephones, services agreements, etc.). The 325
2 bill or invoice should be forwarded to the Finance Director for authorization.

5. The dollar limits for purchases and bids are established by ordinance or resolution.

Purchases shall not be split to avoid the required procedures or certain dollar limits.

6. Receipt of goods or services will be verified and approved by the appropriate official prior to payment of invoices.

7. The emergency purchase of goods is authorized under certain conditions.

8. The Town Council may waive by majority vote any provision within this policy.

9. No purchase of supplies, services, or equipment over $30,000.00 shall be made without an authorized purchase order unless exempted in these guidelines. Otherwise:

9.1 Such purchases are void and not considered an obligation of the Town.

9.2 Invoices without an authorized purchase order may be returned to the vendor unpaid.

10. No Town employee shall have a direct or indirect financial interest in any contract or purchase of goods or services entered into by the Town, or shall derive any personal benefit from the Town’s purchase of goods or services.

11. No Town employee shall use the Town’s purchasing procedures to obtain property for personal use, by misrepresenting to vendors for the purpose of obtaining price discounts that the personal purchases are for the Town.

12. No Town employee shall draft or cause to be drafted any specifications for bids in such a way as to intentionally limit the bidding directly or indirectly to any one bidder, except for the sole source procurement.

2.0 FEDERAL, STATE AND OTHER GRANT PROGRAMS
Federal, State, or grant programs may require special conditions that are more stringent than Town procedures. It is the responsibility of the department accepting the grant to ensure compliance with all grant provisions.

3.0 SIGNATURE AUTHORIZATION

1. Each Department Head shall complete and forward to the Finance Department a Signature Authorization form, identifying those employees approved by the Department Head to sign off on various financial and other administrative documents and the amount of such signature authorizations. The form shall be developed by the Finance Director and revised from time to time as needed.

2. The form shall identify specific Departments, Divisions or Programs, the employee’s name and signature and list specific documents each employee is authorized to sign 326
3 and the amount authorized to sign. It is the Department Head’s responsibility to keep the information current. The Finance Director shall approve all forms.

3. Any documents missing the appropriate signature(s) will be returned to the originating department.

4. Only the Town Manager, Regular, or Probationary Town employees are authorized to sign off on documents obligating the Town to expend public monies. Temporary or Volunteer employees, or individuals under contract with the Town, may be able to acquire items but any receipts must be countersigned by an authorized employee.

5. The number of authorized signatures should be kept to a minimum, to ensure better control over departmental appropriations.

4.0 DEPARTMENT RESPONSIBILITIES
It is the responsibility of the acquiring Department/Division to:

1. Make purchases in accordance with established policies and procedures.

2. Verify that an appropriation is available for the purchase.

3. Anticipate the Department/Divisions’ needs well in advance in order to minimize the need for emergency purchases.

4. Review goods and services received to ensure conformity with purchase order or contract.

5. When a cost discrepancy for goods or services dissatisfaction arises, notify the Finance Department. No bill should be processed for payment when the goods or services are unsatisfactory, or there is a price discrepancy between the originally quoted price and the bill received.

5.0 PAYMENT AUTHORIZATION

1. An authorized signature on the invoice, receipt or other backup shall be considered authorization for payment. The signature shall indicate that the signer has:
 Verified that the Town has received the goods or services in good working condition.
 Verified that the purchase complies with this purchasing policy and that funds are available for the purchase.

2. In certain instances, it may be in the Town’s best interest to issue payment prior to receipt of the authorizing signature on the invoice. The Town Manager or the Finance Director may authorize payment in those instances.

3. Checks shall be processed and issued by an employee other than check signer.

4. All payments shall require two signatures on the checks. 327
4 5. All checks over $10,000 will require two wet signatures.

6. Electronic funds transfers will require approval of the Finance Director

6.0 ELECTRONIC SIGNATURES
California law and Paradise Resolution 2025-053 authorize the use and acceptance of digital signatures and electronic documents. In certain instances, the Town would benefit from the use of digital signatures and electronic documents in lieu of wet signatures and paper records. In those cases, digital and electronic documents may be implemented when feasible and within available technology and legal frameworks.

For contracts, purchase orders, invoices, and other documents with a value less than $100,000, a scan of a wet-signed document can be accepted from a third party by email or other similar method of receipt. For documents with a value of $100,000 or more, a secured and externally verified digital signature is required. This could be in the form of DocuSign, Adobe Signature, or other similar method that credentials the user and documents the date and time of the electronic signature. 328
5 SECTION II

GENERAL SUPPLIES, MATERIALS AND EQUIPMENT

PURPOSE
Provide guidelines for the purchase of general supplies, materials and equipment. Supplies, materials and equipment shall consist of any and all articles or things which shall be furnished to or used by any department, excluding proprietary equipment and goods (Section III) and any goods purchased as part of a Public Works Project (Section VI).

In instances where goods and services are purchased together from one vendor, this section shall only apply if the predominant portion of the purchase is goods. (i.e. A purchase of equipment for $1,000 with a $300 installation fee would be covered under this section of the policy. A repair of equipment with $1,000 in labor and $300 in parts would be covered under Section IV- General Trade Services)

POLICIES
There are three levels of authority for normal purchases: Department/Division Award, Town Manager Award, and Town Council Award. Generally, authority is established by the dollar amount of the purchase.

1.0 DEPARTMENT/DIVISION AWARD < $30,000.01
The Department/Division manager may authorize the purchase of supplies, equipment, or services as needed up to $30,000.

These purchases do not require competitive bidding and departments are given considerable discretion in these purchases.

2.0 TOWN MANAGER AWARD $30,000.01 to $100,000.00
Material/supply purchases over $30,000 and under $100,000.01 must be awarded by the Town Manager or designee. Informal bidding should be used to assure the most competitive price is received for an item, while avoiding the additional time and expense involved in formal bidding.

2.1 Informal Quotes
The Department shall make every attempt to receive at least three bids in writing or over the phone.
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6 a) Phone Bids: Phone bids must be documented to the satisfaction of the Finance Director. Ideally, documentation should include the name of the company bidding, the person giving the quote, the date and time of the phone call, the amount quoted and any other relevant information.
b) Three Quotes: The Department should make every reasonable attempt to obtain at least three bids, however it is understood that at times it is neither practical nor cost effective to continue soliciting quotes until three bids are received. In the event that three viable quotes are not received, the Department shall document what steps were taken to obtain quotes, any vendors contacted that declined to bid, and if applicable, why it is not practical to receive three quotes.
c) Exceptions: The informal bid process may be bypassed with Department Head and Town Manager or the Finance Director’s approval in the following four instances:

1. In emergency situations where time is of the essence, the appropriate Department Head may dispense with obtaining three informal quotes to obtain materials necessary in dealing with the emergency. Immediately following the emergency, the Department Head shall forward a copy of the purchase order along with an explanation to the Town Manager or the Finance Director.

2. When only one known supplier is available, the Department Head shall document that it is a “sole source” purchase. Most sole source purchases shall be the result of the Town deciding that it is in its best interest to use a specific proprietary brand item. (i.e. For ease of maintenance, the Town may choose to only purchase one brand of computers).

3. When there exists other governmental contracts that were competitively bid (such as State Contracts, DGS, etc.) that the Town is eligible to use (i.e. piggy-back contracting).

4. When an item has been bid within the last 36 months and the price has not changed.
d) Evaluating Bids: The Department shall evaluate the three informal quotes received and determine the lowest most responsive bid. The Town reserves the right to accept that bid which is in the best interest of the Town. When selecting the recommended bidder, the Department Head will take into consideration:

1. Price.

2. Ability, capacity, and skill.

3. Ability to meet time requirements.

4. Character, integrity, and reputation.

5. Previous vendor experience.
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7 6. Financial resources available for contract performance.

7. Ability to provide future maintenance and service, if necessary.

2.2 Purchase Order
A purchase order shall be prepared detailing the vendor name, address, item being purchased, total price including tax and shipping, and budget account to be charged.

The purchase order packet shall be submitted to the Town Manager or the Finance Director for approval and should include a copy of the informal bid summary.

He/she will review the purchase order packet for conformity to the purchasing policy, for compliance with other established procedures and for availability of funds. The Town Manager or the Finance Director shall then approve and sign the purchase order.

2.3 Purchasing Item
Once the Department has received the approved Purchase Order from the Town Manager or the Finance Director, they may contact the vendor and purchase the item. Items must generally be shipped to a Town address or worksite. If the product will be shipped to an alternate location, this should be cleared through the Finance Department in advance.

2.4 Change Orders
The Town Manager is authorized to issue change orders for changes or additions to the original material/supply purchase that result in less than a $100,000 overall contract amount. Change orders in excess of the $100,000 total contract amount shall be brought to the Town Council for approval.

3.0 TOWN COUNCIL AWARD > $100,000.00
Material/supply purchases over $100,000 must be awarded by the Town Council.

Formal bidding should be used to assure all possible vendors are given the opportunity to bid on major Town purchases, thereby assuring the Town that it has received the most competitive price. The formal process generally takes more time and expense than informal bidding and, in some instances, may actually not be the most costeffective approach.

3.1 Formal Bidding
The initiating Department shall be responsible for completion of the formal bid process, however the process shall be coordinated with the Town Clerk’s Office and the Finance Department.
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8 a) Bid Forms: The initiating department shall prepare a bid form including detailed specifications for the item to be purchased. The following format is suggested for competitive bids

1. Submission of bids (or proposals) – Include date, time, location and bid number as assigned by the Town Clerk. Include a detailed list of the information the bid or proposal should contain.

2. Questions – List the name, address, and telephone number of the person to be contacted concerning questions about the project.

3. Background – Provide as much background as necessary to give the bidder an understanding of the environment in which the job will be performed and to which the job relates.

4. Scope of work – Describe in detail the requirement for the job and detail specification.

5. Desired project schedule – Be as specific as possible.

6. Minimum and desirable qualifications – Be as specific as possible.

7. Performance Bond – Whether a performance bond is required and if so, the amount and form of bidders security.
b) Notice Inviting Bids: The initiating department shall also prepare a notice inviting bids that includes the following:

1. A general description of the item to be purchased.

2. A statement indicating where bid forms, specifications and bonding requirements can be obtained.

3. A statement specifying the time and place for the opening of the bid.

4. Per California Public Contract Code Section 20164, the first publication or posting of the notice shall be at least ten days before the date of opening the bids. The notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation, printed and published in the Town or if there is none, it shall be posted in at least three public places in the Town that have been designated by ordinance as the places for posting public notices. The notice shall distinctly state the project to be done. The notice may also be sent to all applicable vendors. c) Bid Opening

1. Sealed bids shall be submitted to the Town Clerk’s office and shall be clearly identified with the Bid number on the envelope. Faxed or other electronic bids are not acceptable.

2. Bids shall be opened in public at the time and place stated in the public notice.

3. The Town Clerk or his/her designee shall open the bids and shall record all bids received.
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9 4. Any bid received after the time specified in the notice shall be rejected.

5. When a bidder’s security is required, it will be announced in the public notice inviting bids. The amount shall be determined at the time of preparation of the bid. It shall be in the form of cash, certified or cashier’s check, certificate of deposit in Town of Paradise’s name, or bid bond made payable to the Town of Paradise. When a bidder’s security is required, a bid shall not be considered unless one of the aforementioned forms of security accompanies the bid. Bidders shall be entitled to return of the bid security with the following exception:
 The successful bidder must execute the contract and file acceptable documents within thirty (30) calendar days from the date of award unless extended by the Town Manager. Failure to execute the contract shall be just cause for annulment of the award and forfeiture of the bidder’s security, not as a penalty, but as liquidated damages.

The Town Council may, upon refusal or failure of the successful bidder to execute the contract, award the contract to the next lowest responsible bidder.

1. Price.

2. Ability, capacity, and skill.

3. Ability to meet time requirements.

4. Character, integrity, and reputation.

5. Previous vendor experience.

6. Financial resources available for contract performance.

7. Ability to provide future maintenance and service, if necessary. f) Tie Bids: If two or more bids received are for the same total amount or unit price, quality and service being equal, the town council may, in its discretion, accept the one it chooses or accept the lowest bid made by negotiation with the tied bidders.
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10 If the above condition is not applicable, the Town may, at its discretion:

1. Reject any and all bids presented and re-advertise; or

2. If the public interest will not permit the delay of re-advertising for bids, the Town may accept either one or accept the lowest bid made by negotiation with the tie bidders; or

3. Award the bid to any one of the low tie bidders by public drawing. g) Exceptions to Formal Bidding: The formal bid process may be bypassed in the following four instances:

1. In emergency situations where time is of the essence, the appropriate Department Head may dispense with obtaining formal quotes to obtain materials necessary in dealing with the emergency. Immediately following the emergency, the appropriate Department Head shall prepare a report to Council explaining the emergency and the items purchased.

2. When only one known supplier is available, the Department Head shall prepare a report for Council approval requesting an exemption from the formal bidding procedures and if applicable awarding the bid to the “sole source.”

3. When there exists other governmental contracts that were competitively bid (such as State Contracts, DGS, etc.) that the Town is eligible to use in lieu of a formal bid (i.e. piggy-back contracting).

4. When there are extenuating circumstances that would make formal bidding not the most cost-effective approach. This often relates to qualitative, artistic or proprietary software/technological issues. The appropriate Department Head shall prepare a report to Council requesting an exemption from the formal bidding procedures.

3.2 Awarding the Bid
Once the bids have been evaluated, the Department Head shall prepare a report to Council recommending the most responsible bidder. The Council shall then award the bid in a public meeting.

Except for the exceptions outlined in this policy, all contracts exceeding $100,000.00 must be awarded by the Town Council. Otherwise:
a) Such purchases are void and not considered an obligation of the Town. b) Invoices may be returned to the contractor/service provider unpaid. c) The person ordering the unauthorized purchase may be held personally liable for the costs of the contract.

3.3 Purchase Order
a) A purchase order shall also be prepared detailing the vendor’s name, address, 334
11 the item being purchased, and the estimated total price including tax and shipping of the item being purchased and budget account to be charged. b) The entire purchase order shall be submitted to the Town Manager or the Finance Director for approval and should include a copy of the Staff Report.

He/she will review the purchase order package for conformity to the purchasing policy, for compliance with other established procedures and for availability of funds. The Town Manager or the Finance Director shall then approve and sign the purchase order. The original P.O. shall then be forwarded to the originating Department.

3.4 Change Orders
The Town Manager is authorized to issue change orders for changes or additions to the original material/supply purchase that result in less than a 10% aggregate change in contract price. Change orders in excess of 10% shall be brought to the Town Council for approval.
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12 SECTION III

PROPRIETARY EQUIPMENT AND GOODS

PURPOSE
Provide guidelines for the purchase of equipment/software and other artistic goods that may only be purchased through a proprietary vendor. There is no bidding requirement for thistype of purchase,since the item is being purchased based on qualification, rather than price.

Proprietary vendors are those vendors that directly sell their products and do not use distributors or other outlets. (i.e. New World software may only be purchased through Tyler Technologies, therefore it would be a “proprietary purchase” and covered under this section.)

1.0 DEPARTMENT/DIVISION AWARD < $30,000.01
The Department/Division manager may authorize the purchase of proprietary goods as needed up to $30,000.

These purchases do not require competitive bidding and departments are given considerable discretion in these purchases.

2.0 TOWN MANAGER AWARD $30,000.01 to $100,000.00
Proprietary purchases over $30,000 and under $100,000.01 must be awarded by the Town Manager or designee. These purchases shall have sufficient documentation of background analysis to support the purchase. Informal solicitation of qualifications should be used to assure quality goods are received for a reasonable price.

2.1 Informal Product Review
The Department shall make every attempt to review at least three products/qualifications in writing, over the phone, or in person. 336
13 a) Documentation - Informal product review must be documented to the satisfaction of the Town Manager or designee. Ideally, documentation should include:

1. The name of the company

2. Pros/Cons of the product

3. Estimated Price

4. The person giving the quote

5. The date and time of the phone call

6. Brief justification for the selection of the goods
b) Review of Three Products: The Department should make every reasonable attempt to review at least three products; however it is understood that at times it is not practical or possible to review the products. In the event that three products are not reviewed, the Department shall document why it is not practical to review alternate products.
c) Exception: The informal product review process may be bypassed with Department Head and Town Manager or Finance Director approval in the following instance:

1. In emergency situations where time is of the essence, the appropriate Department Head may dispense with informal product review process to obtain items necessary in dealing with the emergency. Immediately following the emergency, the Department Head shall forward a copy of the purchase order and contract along with an explanation to the Town Manager or the Finance Director.
d) Evaluating Products: The Department Head or designee(s) shall select the product which, in their evaluation process, is the best solution for the Town. e) Negotiation: The Department Head or designee(s) shall discuss with the highest ranked vendor the requirements of the Town and negotiate a reasonable fee for the product/items being purchased.

2.2 Contract and Purchase Order
a) A contract shall be prepared and two original copies shall be signed by the consultant and the Town Manager.
b) A purchase order shall also be prepared detailing the vendor’s name, address, the item being purchased, and the estimated total price including tax and shipping of the item being purchased and budget account to be charged. c) The entire purchase order and both original copies of the contract shall be submitted to the Town Manager or the Finance Director for approval and 337
14 should include a copy of the informal bid summary. He/she will review the contract and purchase order package for conformity to the purchasing policy, for compliance with other established procedures and for availability of funds. The Town Manager or the Finance Director shall then approve and sign the purchase order. The original P.O. and one original copy of the executed contract shall then be forwarded to the originating Department.

2.3 Executing the Contract
Once the Department has received the approved Purchase Order and an original copy of the contract from the Town Manager or the Finance Director, they may make arrangements with the vendor for purchase of the product.

2.4 Change Orders
The Town Manager is authorized to issue change orders for changes or additions to the original purchase of proprietary equipment and goods that result in less than a $100,000 overall contract amount. Change orders in excess of the $100,000 total contract amount shall be brought to the Town Council for approval.

3.0 TOWN COUNCIL AWARD > $100,000.00
Proprietary purchases exceeding $100,000 must be awarded by the Town Council. A more formal evaluation should be used, thereby assuring the Town that it has purchased the best product fit for the Town. The formal process generally takes more time and expense than informal solicitations and in some instances may actually not be the most cost-effective approach.

3.1 Formal Evaluation of Products/Goods
a) A Selection Committee shall be formed to evaluate the submitted data and determine the products that should receive further consideration. The Committee shall be appointed by the Department Head, subject to the approval of the Town Manager or the Finance Director, and may consist of more than one department.

1. The Selection Committee may choose to interview all of the responding vendors, only the top few ranking vendors or to not perform interviews.

2. The Selection Committee may also choose to view demonstrations of all of the products (either at a working site or at the Town), only the top few ranking products or to not view demonstrations.

3. After the interviews, demonstrations and site visits (as applicable), the Selection Committee shall rank the products.

Negotiation: The Department Head or designee(s) shall discuss with the highest 338
15 ranked vendor the requirements of the Town and negotiate a reasonable fee/contract.

Exceptions to Formal Bidding: The formal bid process may be bypassed in the following two instances:

2. When there are extenuating circumstances that would make formal bidding not the most cost effective approach. This often relates to qualitative, artistic or proprietary software/technological issues. The appropriate Department Head shall prepare a report to Council requesting an exemption from the formal bidding procedures.

3.2 Awarding the Contract
The Department Head shall prepare a report to Council recommending the top ranked product. The Council shall then award the purchase in a public meeting.

Except for urgencies all contracts exceeding $100,000.00 must be awarded by the Town Council. Otherwise:
 Such purchases are void and not considered an obligation of the Town.  Invoices may be returned to the contractor/service provider unpaid.  The person ordering the unauthorized purchase may be held personally liable for the costs of the contract.

3.3 Contract and Purchase Order
a) A contract may be prepared as applicable and two original copies shall be signed by the vendor and Town Manager.
b) A purchase order shall also be prepared detailing the vendor’s name, address, item being purchased, estimated total price including tax and shipping of the item being purchased and budget account to be charged.
c) The Town Attorney shall sign the two original copies of the contract, approving it as to form.
d) The Town Manager or his/her Council designee shall sign the two original copies of the contract, approving it as to form.
e) The entire purchase order and both copies of the contract shall be submitted to the Town Manager or the Finance Director for approval and should include a copy of the Staff Report. He/she will review the contract and purchase order package for conformity to the purchasing policy, for compliance with other established procedures and for availability of funds. The Town Manager or 339
16 the Finance Director shall then approve and sign the purchase order. f) One copy of the executed contract shall be returned to the contractor/service provider and the other original shall remain in the Town Clerk’s Office. A copy of the executed contract shall be sent to the initiating department and a copy to the Finance Director.

3.4 Change Orders
The Town Manager is authorized to issue change orders for changes or additions to the original purchase of proprietary equipment and goods that result in less than a 10% aggregate change in contract price. Change orders in excess of 10% shall be brought to the Town Council for approval.
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17 SECTION IV

GENERAL TRADE SERVICES

PURPOSE
Provide guidelines for the purchase of trade contractual services. Trade services shall mean the repair, rental or maintenance of equipment, machinery and other Town-owned or operated property. Included within this term are services necessary for the routine operation, repair or maintenance of existing buildings or improvements. The term does not include services rendered by professionals and other services which are unique in nature and not subject to competition.

In instances where goods and trade services are purchased together from one contractor/service provider, this section shall only apply if the predominant portion of the purchase is services (i.e. repair of equipment with $1,000 in labor and $300 in parts would be covered under this section of the policy. A purchase of equipment for $1,000 with a $300 installation fee would be covered under Section II- General Supplies, Materials and Equipment).

1.0 DEPARTMENT/DIVISION AWARD < $30,000.01
The Department/Division manager may authorize the purchase of services as needed up to $30,000 per project or annually (for ongoing maintenance contracts) as applicable. Projects that would typically be performed by one contractor/service provider may not be split into components in order to avoid purchasing limits.

These purchases do not require competitive bidding and departments are given considerable discretion in these purchases.

The Department/Division will obtain a completed IRS form W-9 from the contractor/ service provider prior to awarding the contract. The W-9, shall immediately be forwarded to the Finance Department in order to comply with State Reporting Requirements.
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18 2.0 TOWN MANAGER AWARD $30,000.01 to $100,000.00
Trade service awards over $30,000 and under $100,000.01 must be awarded by the Town Manager or the designee. Informal bidding should be used to assure the most competitive price is received for an item, while avoiding the additional time and expense involved in formal bidding.

2.1 Informal Quotes
The Department shall strive to receive three bids in writing or over the phone, whenever possible.
a) Documentation: Bids received over the phone or in writing must be documented to the satisfaction of the Town Manager or the Finance Director.

Ideally, documentation should include the name of the company bidding, the person giving the quote, the date and time of the contact, the amount quoted and any other relevant information.
b) Exceptions: The informal bid process may be bypassed with Department Head and Town Manager or the Finance Director approval in the following five instances:

1. In emergency situations where time is of the essence, the appropriate Department Head may dispense with obtaining three informal quotes to obtain services necessary in dealing with the emergency. Immediately following the emergency, the Department Head shall forward a copy of the purchase order along with an explanation to the Town Manager or the Finance Director.

2. When one known service provider is available, the Department Head shall document that it is a “sole source” purchase.

3. When there exists other governmental contracts that were competitively bid (such as State Contracts, DGS, etc.) that the Town is eligible to use.

4. When an item has been bid within the last 36 months and the price has not changed.

5. When it is not practical nor cost effective to continue soliciting quotes until three bids are received, the Department Head at his/her discretion may choose the vendor best suited for the needs of the particular project. c) Evaluating Bids: The Department shall evaluate the three informal quotes received and determine the lowest most responsive bid. The Town reserves the right to accept that bid which is in the best interest of the Town. When selecting the recommended bidder the Department Head will take into consideration:

1. Price.

2. Ability, capacity, and skill.

3. Ability to meet time requirements.
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19 4. Character, integrity, and reputation.

5. Previous contractor/service provider experience.

6. Financial resources available for contract performance.

7. Ability to provide future maintenance and service, if necessary.

2.2 Contract and Purchase Order
a) A contract shall be prepared and two original copies shall be signed by the contractor/service provider and Town Manager.
b) A purchase order shall also be prepared detailing the contractor/service provider name, address, service being purchased, estimated total price of the service being purchased and budget account to be charged. c) The Department will obtain a completed IRS form W-9 from the contractor/ service provider.
d) The entire purchase order, the W-9 and both original copies of the contract shall be submitted to the Town Manager or the Finance Director for approval and should include a copy of the informal bid summary. He/she will review the contract and purchase order package for conformity to the purchasing policy, for compliance with other established procedures and for availability of funds. The Town Manager or the Finance Director shall then approve and sign the purchase order. The original P.O. and one original copy of the executed contract shall then be forwarded to the originating Department.

2.3 Executing the Contract
Once the Department has received the approved Purchase Order and an original copy of the contract from the Town Manager or the Finance Director, the Department Head may make arrangements with the contractor/service provider for services.

2.4 Renewals
Contracts for ongoing services may include annual renewal provisions for up to five years, however in no instance may the contract exceed $100,000.00 in any one year. Cost increases related to such renewals shall not exceed the Consumer Price Index (CPI) adjustments unless approved in advance by the Town Manager.

2.5 Change Orders
The Town Manager is authorized to issue change orders for changes or additions to the original scope of work that result in less than a $100,000 annual contract amount. Change orders in excess of the $100,000 contract amount shall be brought to the Town Council for approval.
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20 3.0 TOWN COUNCIL AWARD > $100,000.00
Trade service contracts exceeding $100,000 must be awarded by the Town Council.

Formal bidding should be used to assure all possible contractor/service providers are given the opportunity to bid on major Town contracts, thereby assuring the Town that it has received the most competitive price. The formal process generally takes more time and expense than informal bidding and in some instances may actually not be the most cost- effective approach.

3.1 Formal Bidding
The initiating Department shall be responsible for completion of the formal bid process, however the process shall be coordinated with the Town Clerk’s Office. a) Bid Forms: The initiating department shall prepare a bid form including detail specifications for the services to be purchased. The following format is suggested for competitive bids:

1. Submission of bids (or proposals) – Include date, time, location and bid number as assigned by the Town Clerk. Include a detailed list of the information the bid or proposal should contain.

2. Questions – List the name, address, and telephone number of the person to be contacted concerning questions about the project.

3. Background - Provide as much background as necessary to give the bidder an understanding of the environment in which the job will be performed and to which the job relates.

4. Scope of work – Describe in detail the requirement for the job and detail specification

5. Desired project schedule – Be as specific as possible.

6. Minimum and desirable qualifications – Be as specific as possible.

7. Performance Bond- Whether a performance bond is required and if so, the amount and form of bidder’s security.

8. Sample Contract- A sample of the contract that is expected to be used should be included in the bid package.
b) Notice Inviting Bids: The initiating department shall also prepare a notice inviting bids that includes the following:

1. A general description of the services to be purchased.

2. A statement indicating where bid forms, specifications and bonding requirements can be obtained.

3. A statement specifying the time and place for the opening of the bids.

4. Per California Public Contract Code Section 20164, the first publication or posting of the notice shall be at least ten days before the date of opening 344
21 the bids. The notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation, printed and published in the Town, or if there is none, it shall be posted in at least three public places in the Town that have been designated by ordinance as the places for posting public notices. The notice shall distinctly state the project to be done. The notice may also be sent to all applicable contractor/service providers.
c) Bid Opening

1. Sealed bids shall be submitted to the Town Clerk’s office and shall be clearly identified with the Bid number on the envelope. Faxed or other electronic bids are not acceptable.

2. Bids shall be opened in public at the time and place stated in the public notice.

3. The Town Clerk or his/her designee shall open the bids and shall record all bids received.

4. Any bid received after the time specified in the notice shall be rejected.

5. When a bidder’s security is required, it will be announced in the public notice inviting bids. The amount shall be determined at the time of preparation of the bid. It shall be in the form of cash, certified or cashier’s check, certificate of deposit in the Town of Paradise’s name or bid bond made payable to the Town of Paradise. When a bidder’s security is required, a bid shall not be considered unless one of the aforementioned forms of security accompanies the bid. Bidders shall be entitled to return of the bid security with the following exception:
 The successful bidder must execute the contract and file acceptable documents within thirty (30) calendar days from the date of award unless extended by the Town Manager. Failure to execute the contract shall be just cause for annulment of the award and forfeiture of the bidder’s security, not as a penalty, but as liquidated damages. The Town Council may, upon refusal or failure of the successful bidder to execute the contract, award the contract to the next lowest responsible bidder.

1. Price.

2. Ability, capacity, and skill.

3. Ability to meet time requirements.

4. Character, integrity, and reputation.

5. Previous contractor/service provider experience.

6. Financial resources available for contract performance.

7. Ability to provide future maintenance and service, if necessary f) Tie Bids: If two or more bids received are for the same total amount or unit price, quality and service being equal, the town council may, in its discretion, accept the one it chooses or accept the lowest bid made by negotiation with the tied bidders.

If the above condition is not applicable, the Town may, at its discretion:

1. Reject any and all bids presented and re-advertise; or

2. Town may accept either one or accept the lowest bid made by negotiation with the tie bidders; or

3. Award the bid to any one of the low tie bidders by public drawing. g) Exceptions to Formal Bidding: The formal bid process may be bypassed in the following four instances:

1. In emergency situations where time is of the essence, the appropriate Department Head may dispense with obtaining formal quotes to obtain services necessary in dealing with the emergency. Immediately following the emergency, the appropriate Department Head shall prepare a report to Council explaining the emergency and the items purchased.

2. When one known service provider is available, the Department Head shall prepare a report for Council approval requesting an exemption from the formal bidding procedures and if applicable awarding the bid to the “sole source.”

3. When there exists other governmental contracts that were competitively bid that the Town is eligible to use in lieu of a formal bid.

4. When there are extenuating circumstances that would make formal bidding not the most cost effective approach. This often relates to qualitative, artistic or proprietary software/technological issues. The appropriate Department Head shall prepare a report to Council requesting an exemption from the formal bidding procedures.
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23 h) Ongoing Professional Services

1. In some instances it is in the best interest of the Town to have current ongoing contracts with multiple consultants for the same or very similar services. (i.e. services that can be defined as to scope of work but not as to required events such as contract planning services, public safety investigations, soils testing, contract building inspections services, etc.) These services would best be handled by establishing an eligibility list and by entering into annual ongoing professional service contracts.

2. The process for selecting firms for annual ongoing professional service contracts shall be generally the same as for other professional services contracts, however multiple firms may be awarded an ongoing contract based on the RFP/RFQ process and may be placed on the eligibility list.

Additional firms/individuals may also be awarded contracts and placed on the eligibility list at a later date, using the RFP/RFQ process without impacting contracts currently in place.

3. Council shall award each ongoing contract that is expected to exceed $100,000.00 at a public meeting.

4. As events occur and need arises, work will be assigned to the consultants on the eligibility list at the sole discretion of the Department Head. The Department Head, however, shall make a reasonable attempt to rotate work between consultants subject to availability and special needs. i) Negotiation: The Department Head or designee(s) shall discuss with the highest ranked firm(s) the requirements of the project, the scope of services needed to meet the requirements, and negotiate a reasonable fee/contract for the established work assignment.

3.2 Awarding the Bid
Once the bids have been evaluated, the Department Head shall prepare a report to Council recommending the most responsive bid. The Council may then award the bid in a public meeting.

3.3 Contract and Purchase Order
a) A contract shall be prepared and the contractor/service provider shall sign the 347
24 two original copies.
b) A purchase order shall also be prepared detailing the contractor/service provider name, address, service being purchased, estimated total price of the service being purchased and budget account to be charged. The purchase order shall be signed and dated by the Department Head. c) The Department will obtain a completed IRS form W-9 from the contractor/ service provider.
d) Proof of insurance in accordance with the contract shall be obtained. e) The Town Attorney shall sign the two original copies of the contract approving it as to form.
f) The Town Manager or his/her Council designee shall sign the two original copies of the contract approving it as to form.
g) The entire purchase order, the W-9, proof of insurance and both original copies of the contract shall be submitted to the Town Manager or the Finance Director for approval and signature and should include a copy of the Staff Report.
h) One original copy of the executed contract shall be returned to the contractor/service provider and the other original shall remain in the Town Clerk’s Office. A copy of the executed contract shall be sent to the initiating department and a copy to the Finance Department.

3.4 Renewals
Contracts for ongoing services may include annual renewal provisions for up to five years.

3.5 Change Orders
The Town Manager is authorized to issue change orders for changes or additions to the original scope of work that result in less than a 10% change in annual contract price. Change orders in excess of 10% shall be brought to the Town Council for approval.

4.0 UTILITIES AND OTHER SERVICE AGREEMENTS
Items that cannot be purchased under the procedures above or ongoing expenses for utilities or services (such as telephones, services agreements, etc.) do not require a Purchase Order. The bill or invoice should be forwarded to Finance Department with an authorized signature and account number to be charged. 348
25 SECTION V

PROFESSIONAL SERVICES

PURPOSE
Provide guidelines for the purchase of professional services. Professional services are those activities performed by a vendor who possesses a high degree or expertise in a particular profession. This would generally include (but not be limited to) architectural services, accounting/auditing services, environmental services, design services, engineering services, technical services, financial services, legal services, economic services and other administrative services. There is no bidding requirement for this type of service, since the agent is being hired based on his/her qualifications, not the lowest bid. Since local vendors are important to the Town’s overall economic health, special consideration should be given to local vendors whenever possible. Local vendors should be included when sending out bid packages.

1.0 DEPARTMENT/DIVISION AWARD < $30,000.01
The Department/Division Head may authorize the purchase of professional services as needed up to $30,000 per project or annually (for ongoing/recurring contracts) as applicable. Projects which would typically be performed by one vendor may not be split into components in order to avoid purchasing limits.

These purchases do not require competitive bidding and departments are given considerable discretion in these purchases.

2.0 TOWN MANAGER AWARD $30,000.01 to $100,000.00
Professional service contracts over $30,000 and under $100,000.01 must be awarded 349
26 by the Town Manager or designee. These professional service agreements shall have sufficient documentation of background analysis to support the contract. Informal solicitation of qualifications should be used to assure quality services are received for a reasonable price.

2.1 Informal Solicitation of Qualifications:

The Department shall strive to, whenever possible, solicit at least three qualifications/proposals in writing or over the phone. When it is not practical, nor cost effective to receive three qualifications/proposals in writing or over the phone, the Department Head at his/her discretion, may choose the vendor best suited for the needs of the particular project. It is important that the specifications are accurate and comprehensive, thus it may be beneficial to transmit the specifications and responses in written format even when the proposal is received verbally.
a) Documentation - Informal quotations must be documented to the satisfaction of the Town Manager or the Finance Director. Ideally, documentation should include:

1. The name of the company

2. The person giving the quote

3. The date and time of the phone call/communication

4. Understanding of the required scope of services.

5. Specialized experience of the firm and its personnel relative to the required services.

6. References who can be contacted to verify past record of performance, i.e., completion of a quality product, in a timely manner, and within budget constraints.

7. The capacity of the firm to perform the subject project within a required timeframe.

8. Estimated Price
b) Exceptions: The informal bid process may be bypassed with Department Head and Town Manager or the Finance Director approval in the following instances:

1. In emergency situations where time is of the essence, the appropriate Department Head may dispense with obtaining three informal quotes to obtain services necessary in dealing with the emergency. Immediately following the emergency, the
Department Head shall forward a copy of the purchase order and contract along with an explanation to the Town Manager or the Finance Director.
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27 2. When one known service provider is available, the Department Head shall document that it is a “sole source” purchase.

3. When an item has been bid within the last 36 months and the price has not changed.

4. When there exists other governmental contracts that were competitively bid (such as State Contracts, DGS, etc.) that the Town is eligible to use.

5. When it is not practical nor cost effective to continue soliciting quotes until three bids are received, the Department Head at his/her discretion may choose the vendor best suited for the needs of the particular project.
c) Evaluating Bids: The Department Head or designee(s) shall select the vendor which, in their evaluation process, is the most qualified to perform the work. The evaluation and selection process shall be based upon the following considerations:

1. General quality and responsiveness to the request, including but not limited to:
 Responsiveness to the terms, conditions, and items of performance;
 Grasp of the problem, work to be performed, and approach to be used.

2. Organization and personnel making the proposal;
 Evidence of good organizational and management practices.  Qualification of the personnel.
 Specialized experience of the firm and its personnel relative to the required services.
 References who can be contacted to verify past record of performance (i.e., completion of a quality product in a timely manner and within budget constraints).
 Previous vendor experience.
 The financial condition of the firm.
 Capacity of the firm to perform the subject project within a required timeframe.

3. If appropriate, the price, in any of the following formats, may be considered.
 Total price and price breakdown.
 Price range.
351
28  Cost schedule.
d) Ongoing Professional Services: In some instances it is in the best interest of the Town to have current ongoing contracts with multiple vendors for the same or very similar services. (i.e. services that can be defined as to scope of work but not as to required events such as contract planning services, public safety investigations, design engineering, soils testing, contract building inspections services, etc.) These services would best be handled by establishing an eligibility list and by entering into ongoing professional service contracts.

The process for selecting firms for ongoing professional service contracts shall be generally the same as for other professional services contracts, however multiple vendors may be awarded an ongoing contract based on the informal process and may be placed on the eligibility list. Additional vendors may also be awarded contracts and placed on the eligibility list at a later date, using the informal process without impacting contracts currently in place.

As events occur and need arises, work will be assigned to the firms/individuals on the eligibility list at the sole discretion of the Department Head.
e) Negotiation: The Department Head or designee(s) shall discuss with the highest ranked firm(s) the requirements of the project, the scope of services needed to meet the requirements, and negotiate a reasonable fee for the established work assignment.

2.2 Contract and Purchase Order
a) A contract shall be prepared and two original copies shall be signed by the vendor and the Town Manager.
b) A purchase order shall also be prepared detailing the vendor’s name, address, service being purchased, estimated total price of the service being purchased and budget account to be charged. The purchase order shall be signed and dated by the authorized Department Head.
c) The Department will obtain a completed IRS form W-9 from the vendor. d) The entire purchase order, the W-9 and both original copies of the contract shall be submitted to the Town Manager or the Finance Director for approval and should include a copy of the informal bid summary. He/she will review the contract and purchase order package for conformity to the purchasing policy, for compliance with other established procedures and for availability of funds. The Town Manager or the Finance Director shall then approve and sign the purchase order. The original P.O. and one original copy of the executed contract shall then be forwarded to the originating Department. 352
29 2.3 Executing the Contract
Once the Department has received the approved Purchase Order and an original copy of the contract from the Town Manager or the Finance Director, they may make arrangements with the vendor for services.

2.4 Renewals
Contracts for ongoing professional services may include annual renewal provisions for up to five years; however, in no instance may the contract exceed $100,000.00 in any one year. Cost increases related to such renewals shall not exceed the Consumer Price Index (CPI) adjustments unless approved in advance by the Town Manager.

2.5 Change Orders
The Town Manager is authorized to issue change orders for changes or additions to the original scope of work that result in less than a less than $100,000 annual contract amount. Change orders in excess of the $100,000 contract amount shall be brought to the Town Council for approval.

3.0 TOWN COUNCIL AWARD > $100,000.00
Professional service contracts exceeding $100,000 must be awarded by the Town Council. A Formal Request for Proposal (RFP) or a Request for Qualifications (RFQ) process is recommended thereby assuring the Town that it has engaged the most qualified vendor available for the engagement. The formal process generally takes more time and expense than informal solicitations of qualifications and in some instances may actually not be the most cost-effective approach. If an RFP or RFQ process is utilized, the following provisions apply.

3.1 Formal Request for Proposal or Request for Qualifications:
a) Developing the RFP or RFQ: Because RFP’s and RFQ’s ask for a subjective product, they should contain the greatest detail possible, and may include the following:

1. A precise description of the problem or objective

2. The services to be performed

3. The product to be provided

4. The anticipated time schedule for:
 Submittal of RFP/RFQ (date and time)
 Any pre-proposal conference (date, time and location)  Review and evaluation of the proposals
353
30  Award of the contract
 Commencement of work on the project
 Completion date

5. Evaluation factors and the relative importance of each.

6. Expectations or limitations on the part of the Town, i.e.  The format, form and quantity of any expected reports  The extent/nature of assistance/cooperation available from the Town

7. Expected content of the RFP/RFQ, including:
 The overall description of techniques to be used
 Listing of similar services provided to other clients  Listing of available references to contact
 Description and qualifications of assigned lead and
supporting personnel
 Time and staff expected to be expended
 Facilities and equipment to be used
 Portion of contract to be performed by sub-contractors  Subcontractors/Subconsultants qualifications
 Cost, in summary and total, and desired method of payment. The RFP/RFQ for services may, but is not required to, state the amount budgeted for the service.

8. Contractual requirements including, but not limited to:
 Prohibition against assignment
 Indemnification
 Insurance requirements
 Bonding requirements
 Warranties
 Compliance with federal, state and Town laws, rules and regulations  Compliance with any grant related regulations
 Sample contract

9. Construction project management service RFP’s may require evidence be provided of experience in construction project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administration of a construction project.
354
31 b) Issuing the RFP/RFQ

1. To ensure maximum exposure and competition, the responsible department shall prepare a list of potential firms to receive the RFP/RFQ.

Town staff shall make reasonable efforts to ensure that small business firms, located in Butte County, are aware of the RFP/RFQ’s issued.

2. If required or desired, the responsible department will submit the RFP/RFQ notice to be advertised in a local newspaper of general circulation. The notice will be published one or more times beginning at least fourteen calendar days prior to the designated closing. Additional advertisements may be placed in a regional newspaper of general circulation; appropriate professional or trade journals; and state or governmental publications designed for public notice.

3. A reasonable length of time between solicitation and closing dates must be allowed to provide potential respondents time for preparation in accordance with the complexity, the size of the project, and the scope of advertising.

4. Town staff may conduct conferences to explain the requirements of the project. A sufficient amount of time should be allowed after the RFP/RFQ has been issued to allow potential respondents to become familiar with the project. Any clarification or changes required to the RFP/RFQ, as a result of the conference, shall be added as a written addendum. A summary of the conference shall be provided to all prospective respondents receiving the request.

5. The department shall maintain a list of questions regarding the RFP/RFQ’s received and responses.

6. Addenda should be used to make any changes in quantities, descriptions, schedules, or to correct defects or ambiguities in the original RFP/RFQ.

Addenda are provided to ensure that all potential respondents are furnished with the same information with which to prepare proposals.

Addenda to the RFP/RFQ shall be identified as such and shall require acknowledgment as such by firms receiving the RFP/RFQ. Addenda shall be sent to all known recipients of the RFP/RFQ within a reasonable time period before the closing date. If the time and date established for the receipt of proposals does not allow sufficient time for consideration and changes, the time and date will be modified by addendum. c) Proposal Opening

1. Proposals shall be submitted to the Town Clerk’s office and shall be clearly identified with the Proposal number on the envelope. Faxed or other electronic proposals are not acceptable.

2. Proposals received by 5:00 p.m. of the designated closing day will be opened on the following workday for preliminary review. 355
32 3. Any proposal received after the time specified in the RFP/RFQ shall be returned unopened.

4. To avoid disclosure of the contents of competing RFPs/RFQs, proposals will be opened in the presence of Town Clerk or his/her designee and the Department Head or the Finance Director, requesting the proposals.

5. Respondents may modify or withdraw their proposals prior to the established closing date and time, without penalty. However, any modifications submitted after the established closing date and time will not be accepted. Such modifications will be returned to the respondent, unopened.

6. The Town Clerk’s office shall maintain a list of proposals received, including name and address of respondent, the number of modifications received, if any, and any additional information requested. The register will be open to inspection after the award of the contract or the rejection of all proposals.

7. Proposals and modifications shall be shown only to the evaluation committee personnel, the Town Clerk or his/her designee, and the Department Head (or the Finance Director) until a recommendation is made to Council or all proposals have been rejected.
d) Rejection of Proposals: The Town reserves the right to reject any and all proposals, to accept or reject any one or more items of a proposal, or to waive any irregularities or informalities in the proposal or the RFP/RFQ process if to do so is deemed to best serve the interests of the Town.
e) Evaluation Factors and Method: Because unique services are requested, cost is not considered the primary selection criteria.

1. Evaluation factors may include:
 General quality and responsiveness of the proposal, including but not limited to:
- Responsiveness to the terms, conditions, and items of performance. - Completeness and thoroughness of the proposal.
- Grasp of the problem, work to be performed, and approach to be used.
 Organization and personnel making the proposal:
- Evidence of good organizational and management practices. - Qualification of the personnel.
- Specialized experience of the firm and its personnel relative to the required services.
- References who can be contacted to verify past record of 356
33 performance, i.e., completion of a quality product, in a timely manner, and within budget constraints.
- The financial condition of the firm.
- Capacity of the firm to perform the subject project within a required time frame.
 If appropriate, the price, in any of the following formats, may be considered.
- Total price and price breakdown.
- Price range.
- Cost schedule.

2. A Selection Committee shall be formed to evaluate the submitted data and determine the products that should receive further consideration. The Committee shall be appointed by the Department Head, subject to the approval of the Town Manager or the Finance Director and may consist of more than one department.

3. The Selection Committee may choose to interview all of the responding vendors, only the top few ranking vendors or to not perform interviews.

4. After the interviews (if applicable), the Selection Committee shall rank the vendors based on their proposals, interviews, and references. f) Exceptions to Formal RFP/RFQ: The formal RFP/RFQ process may be bypassed in the following instances:

1. In emergency situations where time is of the essence, the appropriate Department Head may dispense with the formal RFP/RFQ process to obtain services necessary in dealing with the emergency. Immediately following the emergency, the appropriate Department Head shall prepare a report to Council explaining the emergency and the items purchased.

2. When only one known service provider is available, the Department Head shall prepare a report for Council approval requesting an exemption from the formal RFP/RFQ procedures and if applicable awarding the bid to the “sole source”.

3. When there are circumstances that would make the formal RFP/RFQ process not the most cost-effective approach. This often relates to qualitative, artistic or proprietary software/technological issues. The appropriate Department Head shall prepare a report to Council requesting an exemption from the formal bidding procedures.

4. At the request of the Council in their sole and absolute discretion. g) Ongoing Professional Services

1. In some instances, it is in the best interest of the Town to have current 357
34 ongoing contracts with multiple vendors for the same or very similar services. (i.e. services that can be defined as to scope of work but not as to required events such as contract planning services, public safety investigations, soils testing, contract building inspections services, etc.) These services would best be handled by establishing an eligibility list and by entering into annual ongoing professional service contracts.

Additional firms/individuals may also be awarded contracts and placed on the eligibility list at a later date, using the RFP/RFQ process without impacting contracts currently in place.

3. Council shall award each ongoing contract that is expected to exceed $100,000.00 at a public meeting.

4. As events occur and need arises, work will be assigned to the vendors on the eligibility list at the sole discretion of the Department Head. The Department Head, however, shall make a reasonable attempt to rotate work between vendors subject to availability and special needs. h) Negotiation: The Department Head or designee(s) shall discuss with the highest ranked firm(s) the requirements of the project, the scope of services needed to meet the requirements, and negotiate a reasonable fee/contract for the established work assignment.

3.2 Awarding the Contract:

The Department Head shall prepare a report to Council recommending the most responsible vendor. The Council shall then award the contract in a public meeting. Except as outlined in this policy all contracts exceeding $100,000.00 must be awarded by the Town Council. Otherwise:
 Such purchases are void and not considered an obligation of the Town.  Invoices may be returned to the contractor/service provider unpaid.  The person ordering the unauthorized purchase may be held personally liable for the costs of the contract.

3.3 Contract and Purchase Order
a) A contract shall be prepared and the vendor shall sign the two original copies. b) A purchase order shall also be prepared detailing the vendor’s name, address, service being purchased, estimated total price of the service being purchased and budget account to be charged. The purchase order shall be signed and dated by the Department Head.
c) The Department will obtain a completed IRS form W-9 from the vendor. 358
35 d) Proof of insurance in accordance with the contract shall be obtained. e) The Town Attorney shall sign the two original copies of the contract approving it as to form.
f) The Town Manager or his/her Council designee shall sign the two original copies of the contract approving it as to form.
g) The entire purchase order, the W-9, proof of insurance and both original copies of the contract shall be submitted to the Town Manager or the Finance Director for approval and signature and should include a copy of the Staff Report.
h) One original copy of the executed contract shall be returned to the contractor/service provider and the other original shall remain in the Town Clerk’s Office. A copy of the executed contract shall be sent to the initiating department and a copy to the Finance Department.

3.4 Renewals
Contracts for ongoing services may include annual renewal provisions for up to five years.

PUBLIC WORKS PROJECTS

PURPOSE
Provide guidelines for “Public Project” procurement. Public Project means construction, reconstruction, erection, alteration, restoration, improvement, demolition, and repair work involving any facility owned, leased, or operated by the Town. The definition also includes painting or repainting any facility owned, leased or operated by the Town. Construction, erection, improvement, or repair of dams, reservoirs, and electrical transmission lines of 230,000 volts and higher that are owned by the Town, are considered a public project.

A public project does not include maintenance work, consisting of routine, recurring, and usual work for the preservation or protection of facilities owned or operated by the Town, including minor repainting. Street and highways resurfacing at less than one inch (1”) deep, landscape maintenance (mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems) are not a public project.

POLICIES
It is the Town of Paradise’s policy to follow the uniform Construction Cost Accounting Procedures for all Public Projects, as set forth in the Public Contract Code (Article 2, commencing with Section 22010).

It is also the Town of Paradise’s policy to adopt the purchasing limits and policies as set forth in Public Contract Code Sections 22030 to 22045. (Appendix A) Prevailing Wages
Prevailing wages are defined as the wage levels required to be paid to members of the crafts or classifications performing work on a project, as determined by the appropriate State or Federal authority.

State Prevailing Wages
Senate Bill No. 7, approved by the California Governor on October 13, 2013, now requires charter cities to pay “not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations” or be prohibited from receiving or using State funding or financial assistance for two years. (See Senate Bill No. 7 in Examples.)
360
37 The only Public Works projects exempt from this law are:
• Projects of $25,000 or less when the project is for construction work; or • Projects of $15,000 or less when the project is for alteration, demolition, repair, or maintenance work.

Federal Prevailing (Davis-Bacon) Wages
The 1931 Davis-Bacon Act requires the payment of prevailing wage rates to all laborers and mechanics on Federal or Federally assisted construction contracts.

Although there have been some concerns since enactment and occasional Presidentordered suspensions during State emergencies, the Act remains in effect in all 50 states.

From a Purchasing Standpoint
The project manager(s) for a Public Works project are responsible for incorporating the appropriate language regarding prevailing wages into the bid documents, as well as ensuring that the required certified payrolls (demonstrating payment of the correct wages) are properly submitted and checked for compliance.

The contract administrator is responsible for including the necessary prevailing wage language in the Notice to Proceed letter (PW NTP Ltr) if either the State and/or Federal prevailing wages are required.

1.0 DEPARTMENT/DIVISION AWARD < $30,000.01
The Department/Division manager may contract public projects as needed up to $30,000 per project or may be performed by the employees of the Town by force account. Projects which would typically be performed by one contractor may not be split into components in order to avoid purchasing limits.

These purchases do not require competitive bidding and departments are given considerable discretion in these purchases.

The Department/Division will obtain a completed IRS form W-9 from the contractor prior to awarding the contract. The W-9, shall immediately be forwarded to the Finance Department in order to comply with State Reporting Requirements. 361
38 2.0 TOWN MANAGER AWARD LEVEL I $30,000.01 to $60,000.01 Public Projects contracts over $30,000 and under $60,000.01 1must be awarded by the Town Manager or the Finance Director. The Department Head may recommend a contractor without using the informal bid process, however a purchase order and approval by the Town Manager or the designee is required for these purchases.

The Department Head may also elect to perform the project using employees of the Town by force account.

2.1 Contract and Purchase Order
a) If applicable, a contract shall be prepared and two original copies shall be signed by the contractor and the Town Manager.
b) A purchase order shall also be prepared detailing the contractor/service provider name, address, service being purchased, estimated total price of the service being purchased and budget account to be charged. The purchase order shall be signed and dated by the Department Head. c) The Department will obtain a completed IRS form W-9 from the contractor/ service provider.
d) The entire purchase order, the W-9 and both original copies of the contract shall be submitted to the Town Manager or the Director of Finance for approval and should include a copy of the informal bid summary. He/she will review the contract and purchase order package for conformity to the purchasing policy, for compliance with other established procedures and for availability of funds. The Town Manager or the Finance Director shall then approve and sign the purchase order. The original P.O. and one original copy of the executed contract shall then be forwarded to the originating Department.

2.2 Executing the Contract
Once the Department has received the approved Purchase Order and an original copy of the contract from the Town Manager or the Finance Director, they may make arrangements with the contractor for services.

2.3 Change Orders
The Town Manager is authorized to issue change orders for changes or additions to the original scope of work that result in less than a less than $60,000 annual 1 This limit is tied to Public Contract Code Sections 22032-22034. Any changes to limits set in Public Contract Code Section hereby are adopted as part of this policy. 362
39 contract amount. Change orders may not exceed the $60,000 contract amount.

3.0 TOWN MANAGER AWARD LEVEL II $60,000.01 to $200,000.001 Public Projects contracts over $60,000.002
and under $200,000.012 may be let to
contract by the informal bid process set forth in this policy.

3.1 Informal Bids:

The Town shall solicit informal bids in accordance with Public Contract Code Sections 22034-22036. If all bids received are in excess of $200,000, the Town Council may, by adoption of a resolution by a four-fifths vote, award the contract, at $212,500 or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable. (See Appendix A)

3.2 Contract and Purchase Order
a) A contract shall be prepared and two original copies shall be signed by the contractor and Town Manager.
b) A purchase order shall also be prepared detailing the contractor/service provider name, address, service being purchased, estimated total price of the service being purchased and budget account to be charged. The purchase order shall be signed and dated by the Department Head. c) The Department will obtain a completed IRS form W-9 from the contractor/ service provider.
d) The entire purchase order, the W-9 and both original copies of the contract shall be submitted to the Town Manager or the Finance Director for approval.

He/she will review the contract and purchase order package for conformity to the purchasing policy, for compliance with other established procedures and for availability of funds. The Town Manager or the Finance Director shall then approve and sign the purchase order. The original P.O. and one original copy of the executed contract shall then be forwarded to the originating Department.

3.3 Executing the Contract
Once the Department has received the approved Purchase Order and an original copy of the contract from the Town Manager or the Finance Director, they may make arrangements with the contractor for services.
2 This limit is tied to Public Contract Code Sections 22032-22034. Any subsequent legislative changes to limits set in the applicable Public Contract Code Sections hereby are adopted as part of this policy.
363
40 3.4 Change Orders
The Town Manager is authorized to issue change orders for changes or additions to the original scope of work that result in less than a less than a 10% aggregate change in the contract price, not to exceed the $200,000 contract limit. Change orders in excess of the 10% aggregate or the $200,000 contract limit shall be brought to the Town Council for approval.

3.5 Emergencies
a) In cases of emergency when repair or replacements are necessary, the governing body may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the governing body, by contractor, or by a combination of the two. b) In case of an emergency, if notice for bids to let contracts will not be given, the public agency shall comply with California Public Contract Code Chapter 2.5 (commencing with Section 22050).

4.0 TOWN COUNCIL AWARD >$200,000.003
Public Projects exceeding $200,0003 must be formally bid and awarded by the Town Council in accordance with Public Contract Code Sections 22037 to 22044.

4.1 Formal Bidding
The Town shall solicit formal bids in accordance with Public Contract Code Sections 22037-22044. (See Appendix A)
The initiating Department shall be responsible for completion of the formal bid process, however the process shall be coordinated with the Town Clerk’s Office and the Finance Department.
a) Bid Forms: The initiating department shall prepare a bid form including detail specifications for the services to be purchased. The following format is suggested for competitive bids:

1. Submission of bids (or proposals) – Include date, time, location and bid number as assigned by the Town Clerk. Include a detail list of the information the bid or proposal should contain

2. Questions – List the name, address, and telephone number of the person to be contacted concerning questions about the project.

3. Background - Provide as much background as necessary to give the bidder an understanding of the environment in which the job will be performed and to which the job relates.
364
41 4. Scope of work – Describe in detail the requirement for the job and detail specification.

5. Desired project schedule – Be as specific as possible.

6. Minimum and desirable qualifications – Be as specific as possible.

7. Performance Bond- Whether a performance bond is required and if so, the amount and form of bidders security.

1. A general description of the services to be purchased.

2. A statement indicating where bid forms, specifications and bonding requirements can be obtained.

3. A statement specifying the time and place for the opening of the bids.

4. The notice shall be published at least fourteen calendar days before the date of the opening of bids in a newspaper of general circulation, printed and published in the Town, or as indicated in Public Contract Code Section 22037. (It is recommended that it be published twice, not less than five days apart.)

5. The notice shall also be mailed to all construction trade journals specified in Section 22036 of the Public Contract Code. The notices shall be mailed at least fifteen (15) calendar days before the date of opening the bids. c) Bid Opening

1. Sealed bids shall be submitted to the Town Clerk’s office and shall be clearly identified with the Bid number on the envelope. Faxed or other electronic bids are not acceptable.

2. Bids shall be opened in public at the time and place stated in the public notice.

3. The Town Clerk or his/her designee shall open the bids and shall record all bids received.

4. Any bid received after the time specified in the notice shall be rejected.

Bidders shall be entitled to return of the bid security with the following exception:
 The successful bidder must execute the contract and file acceptable documents within thirty (30) calendar days from the date of award 365
42 unless extended by the Town Manager. Failure to execute the contract shall be just cause for annulment of the award and forfeiture of the bidder’s security, not as a penalty, but as liquidated damages.

The Town Council may, upon refusal or failure of the successful bidder to execute the contract, award the contract to the next lowest bidder.

6. All bids received shall be available for inspection during regular business hours in the Town Clerk’s office for a period of not less than thirty (30) calendar days after the bid opening.
d) Rejection of Bids: The Town reserves the right to reject any and all bids, to accept or reject any one or more items of a bid, or to 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 Town. If after the first invitation of bids all bids are rejected, the Town may elect to re-advertise for bids or have the project done by force account. (See Section 22038 of the Public Contract Code for Procedures and limitations)
e) Determining Lowest Responsible Bidder: Award of bid shall be to the lowest responsible bidder who has submitted a responsive bid. All valid responsive bids shall be considered in determining the lowest bid. Before the award, the bidder may be required to furnish evidence of capability, equipment and financial resources to adequately perform the work. Bidders not found to be qualified may have their bid rejected.
f) Tie Bids: If two or more bids received are for the same total amount or unit price, quality and service being equal, the town council may, in its discretion, accept the one it chooses or accept the lowest bid made by negotiation with the tied bidders.

If the above condition is not applicable, the Town may, at its discretion:

1. Reject any and all bids presented and re-advertise; or

2. Town may accept either one or accept the lowest bid made by negotiation with the tie bidders; or

3. Award the bid to any one of the low tie bidders by public drawing.

4.2 Awarding the Bid
Once the bids have been evaluated, the Department Head shall prepare a report to Council recommending the lowest responsive bid by a responsible bidder. The Council shall then award the bid in a public meeting.

All public project contracts exceeding $200,000.001 must be awarded by the Town Council. Otherwise:

1. Such purchases are void and not considered an obligation of the Town.

2. Invoices may be returned to the contractor/service provider unpaid. 366
43 3. The person ordering the unauthorized purchase may be held personally liable for the costs of the contract.

4.3 Contract and Purchase Order
a) A contract shall be prepared and two original copies shall be signed by the contractor and Town Manager.
b) A purchase order shall also be prepared detailing the contractor name, service being purchased, estimated total price of the service being purchased and budget account to be charged. The purchase order shall be signed and dated by the Department Head.
c) The Department will obtain a completed IRS form W-9 from the contractor/ service provider.
d) Proof of insurance in accordance with the contract shall be obtained e) Performance and payment bonds shall be obtained. (Bonds must be in a form accepted by the Town and must meet all Town requirements.) f) The Town Attorney shall sign the two original copies of the contract approving it as to form.
g) The Town Manager or his/her Council designee shall sign the two original copies.
h) The entire purchase order, the W-9, proof of insurance, copies of the bonds, and both original copies of the contract shall be submitted to the Town Manager or the Finance Director for approval and signature and should include a copy of the Staff Report.
i) One original copy of the executed contract shall be returned to the contractor and the other original shall remain in the Town Clerk’s Office. A copy of the executed contract shall be sent to the initiating department and a copy to the Finance Department.

4.4 Change Orders
The Town Manager is authorized to issue change orders for changes or additions to the original scope of work that result in less than a 10% aggregate change in contract price. Change orders in excess of 10% shall be brought to the Town Council for approval.
367
44 SECTION X

DISPOSAL OF ASSETS

PURPOSE
Provide for the proper transfer, disposition, and accountability of surplus and obsolete Town property (other than land and buildings).

POLICY
It is necessary to provide for the disposal of surplus and obsolete material or equipment.

1.0 MINOR PROPERTY – ORIGINAL COST <$500TOWN COUNCIL AWARD >$200,000.003 The Department/Division manager may authorize the disposal of surplus supplies, equipment, or tools with an original value of less than $500.01 and an estimated current value of less than $25.00. The Department/Division manager is given considerable discretion in disposing of this property.

2.0 OTHER PROPERTY – ORIGINAL COST > $500.00
When an item with an original cost > $500.00 is no longer needed, becomes worn out, or becomes obsolete, the Department/Division head will submit an Agenda Item and Resolution for Council approval for disposal authorization.

Once the Council has given the authority to dispose of the assets, the items may be sold through surplus or other auctions, exchanged or transferred to another Town function, traded in for new supplies and/or equipment, or disposed of in another reasonable manner. The Finance Director is also authorized to dispose of said property for the highest scrap value or cause its destruction or other disposition.

This policy will not apply to real property or unclaimed property held by the Police Department.
368
45 SECTION VIII

RECOVERY ORGANIC WASTE

PRODUCT PROCUREMENT

PURPOSE
It is the policy of the Town, applicable to all departments and divisions, to incorporate environmental considerations including recycled-content and recovered Organic Waste product use into purchasing practices and procurement. This Recovered Organic Waste Product Procurement Policy (Policy) will help the Town to:

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

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

3. Comply with State requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations) to procure a specified amount of Recovered Organic Waste Products to support Organic Waste disposal reduction targets and markets for products made from recycled and recovered Organic Waste materials, and to purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper.

DEFINITIONS
A. “Annual Recovered Organic Waste Product Procurement Target” means the amount of Organic Waste in the form of a Recovered Organic Waste Product that the Town is required to procure annually under 14 CCR Section 18993.1. This target shall be calculated by multiplying the per capita procurement target, which shall be 0.08 tons of Organic Waste per California resident per year, times the Town's residential population using the most recent annual data reported by the California Department of Finance.

Annually, CalRecycle will provide notice to each Town of its Annual Recovered Organic Waste Product Procurement Target by posting such information on CalRecycle’s website and providing written notice directly to the Jurisdiction.

B. “Town” means the Town of Paradise, a municipal corporation acting through its Town Council, and all the territory lying within the municipal boundaries of the Town.

C. “Compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). Compost eligible for meeting the Annual Recovered Organic Waste Product Procurement Target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations regulatory requirements.

D. “Direct Service Provider” means a person, company, agency, district, or other entity that 369
46 provides a service or services to Town pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).

E. “Electricity Procured from Biomass Conversion” means electricity generated from biomass facilities that convert recovered Organic Waste, such as wood and prunings from the municipal stream, into electricity. Electricity procured from a biomass conversion facility may only count toward the Town's Annual Recovered Organic Waste Product Procurement Target if the facility receives feedstock directly from certain permitted or authorized compostable material handling operations or facilities, transfer/processing operations or facilities, or landfills, as described in 14 CCR Section 18993.1(i).

F. “Organic Waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing And Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.

G. “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).

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

I. “Procurement of Recovered Organic Waste Products” shall mean purchase or acquisition (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), and end use by the Town or others. The Town’s Annual Recovered Organic Waste Product Procurement Target can be fulfilled directly by the Town or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the Town’s behest.

J. “Publicly-Owned Treatment Works” or “POTW” has the same meaning as in Section 403.3(r) of Title 40 of the Code of Federal Regulations.

K. “Recovered Organic Waste Products” means products made from California, landfilldiverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an invessel digestion facility, and electricity procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.

L. “Recordkeeping Designee” means the Town Department or public employee appointed 370
47 by the Town Manager or their designee to track procurement and maintain records of Recovered Organic Waste Product procurement efforts both by the Town and others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12 and 13. The Recordkeeping Designee will report such records to the Reporting Designee.

M. “Reporting Designee” means an entity that the Town contracts with or otherwise arranges to carry out any of the Town’s reporting responsibilities of this policy as authorized in 14 CCR.

N. "Recyclability" means that the Paper Products and Printing and Writing Paper offered or sold to the Town are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations Section 260.12 (2013).

O. “Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper” means such products that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code, and as amended.

P. “Renewable Gas” means gas derived from Organic Waste that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

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

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

S. “SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):

1. Produced at one of the following facilities:

1.1.1 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);

1.1.2 A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is 371
48 permitted or authorized under 14 CCR Division 7; or

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

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

T. “State” means the State of California.

POLICIES

1.0 RECOVERED ORGANIC WASTE

1.1 Procurement Target
A. Town will annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target through the implementation of Sections 1.0 through 3.0 of this Policy.

B. To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target, products that may be procured include the following (provided that each product meets the criteria included in their respective definitions in this Policy):

1. SB 1383 eligible Compost (as defined in Definition Section C).

2. SB 1383 Eligible Mulch (as defined in Definition Section S)

3. Renewable Gas (in the form of transportation fuel, electricity, or heat) (as defined in Definition Section P).

4. Electricity Procured from Biomass Conversion (as defined in Definition Section E).

1.2 Requirements for Direct Service Providers
A. Direct Service Providers of landscaping, maintenance, renovation, and construction shall:

1. Use Compost and SB 1383 Eligible Mulch, as practicable, produced from recovered Organic Waste, as defined in Section 2.C and 2.R of this Policy, for all landscaping renovations, construction, or maintenance performed for the Town, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 372
49 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

2. If Direct Service Provider is subject to the Town's Landscape Ordinance pursuant to Paradise Municipal Code Chapter 15.36, the Direct Service Provider should comply with one of the following, whichever is more stringent: (i) the Town's Landscape Ordinance if more stringent than the State’s Model Water Efficient Landscape Ordinance (MWELO), or (ii) Sections 493.2 (d)(2), (3), (4), and (7) of the State’s MWELO, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a “Soil Preparation, Mulch, and Amendments Section” to include the following:
a. For landscape installations, Compost at a rate of a minimum of 4 cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling. b. Apply a minimum three- (3-) inch layer of mulch on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, leave up to five percent (5%) of the landscape area without mulch. Designated insect habitat must be included in the landscape design plan as such.
c. Procure organic mulch materials made from recycled or postconsumer materials rather than inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.
d. For all mulch that is land applied, procure SB 1383 Eligible Mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

3. Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to Recordkeeping Designee, upon completion of projects. Information to be provided shall include:
373
50 a. General description of how and where the product was used and if applicable, applied;
b. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured;
c. Type of product;
d. Quantity of each product; and,
e. Invoice or other record demonstrating purchase or procurement.

B. Direct Service Provider of Organic Waste collection services shall:

1. Provide a specified quantity of Compost or SB 1383 Eligible Mulch to Town and its customers via periodic “giveaways” as specified in a franchise agreement or other agreement.

2. Keep and provide records to the Town including the following:
a. Dates provided;
b. Source of product including name, physical location and contact information for each entity, operation or facility from whom the Recovered Organic Waste Products were procured;
c. Type of product;
d. Quantity provided; and,
e. Invoice or other record or documentation demonstrating purchase, procurement, or transfer of material to giveaway location.

C. Renewable Gas procurement by Direct Service Providers

1. Direct Service Providers transporting solid waste, organic materials, and/or recyclable materials shall procure their fuel as Renewable Gas as required to do so in RFPs and RFQs released by the Town for such services or as required by permit, license, written agreement, or written contract with the Town.

2. Departments releasing RFPs and RFQs for contractors that procure fuel in the course of their services to the Town shall include a preference to contractors that propose to use the amount or percentage of Renewable Gas specified in the RFP or RFQ to be eligible for said price preference. Such use, if it occurs, shall be documented in a written contract or agreement.

3. If Renewable Gas made from recovered Organic Waste is used by Direct Service 374
51 Providers, Direct Service Providers shall submit information listed in Section

1.2.B.2.a-e on a schedule to be determined by Town, but not less than annually to the Recordkeeping Designee.

4. Renewable Gas used by Direct Service Providers under Sections 1.2.A and 1.2.B shall comply with criteria specified in 14 CCR Section 18993.1.

1.3 Requirements for Town Departments
A. Compost and SB 1383 Eligible Mulch procurement. Divisions and departments responsible for landscaping maintenance, renovation, or construction shall:

1. Use Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste, as defined in Definition Section C and S of this Policy, for landscaping maintenance, renovation, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

2. When Town uses Compost and SB 1383 Eligible Mulch and the applications are subject to the Town’s Landscape Ordinance, pursuant to Paradise Municipal Code, Chapter 15.36, the Town will comply with one of the following, whichever is more stringent, (i) the Town’s Landscape Ordinance, if more stringent than the State’s MWELO, or (ii) Sections 493.2 (d)(2), (3), (4), and (7) of the State’s Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a “Soil Preparation, Mulch, and Amendments Section” to include the following:
a. For landscape installations, Compost at a rate of a minimum of 4 cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
b. Apply a minimum three- (3-) inch layer of mulch on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.

To provide habitat for beneficial insects and other wildlife, leave up to five percent (5%) of the landscape area without mulch. Designated insect habitat must be included in the landscape design plan as such.
375
52 c. Procure organic mulch materials made from recycled or post- consumer materials rather than inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.
d. For all mulch that is land applied, procure SB 1383 Eligible Mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

3. Keep records, including invoices or proof of Recovered Organic Waste Product procurement (either through purchase or acquisition), and submit records to the Recordkeeping Designee, upon completion of project.

Records shall include:
a. General procurement records, including:
i. General description of how and where the product was used and applied, if applicable;
ii. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured;
iii. Type of product;
iv. Quantity of each product; and,
v. Invoice or other record demonstrating purchase or procurement. b. For Compost and SB 1383 Eligible Mulch provided to residents through giveaway events or other types of distribution methods, keep records of the Compost and SB 1383 Eligible Mulch provided to residents. Records shall be maintained and submitted to the Recordkeeping Designee in accordance with the requirements specified in Section 1.3.A.3.
c. For procurement of SB 1383 Eligible Mulch, maintain an updated copy of the ordinance or enforceable mechanism(s) requiring that the mulch procured by the Town or Direct Service Provider meets the land application standards specified in 14 376
53 CCR Section 18993.1, as it may be amended from time to time.

4. When Procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, enter into a written contract, franchise agreement, or other agreement or execute a purchase order with enforceable provisions that includes: (i) definitions and specifications for SB 1383 Eligible Mulch, Compost, Renewable Gas, and/or Electricity Procured from Biomass Conversion; and, (ii) an enforcement mechanism (e.g., termination, liquidated damages) in the event the Direct Service Provider is not compliant with the requirements.

A. Renewable Gas procurement (used for fuel for transportation, electricity, or heating applications). For Renewable Gas procurement, Town shall:

1. 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 Town and to help meet the Annual Recovered Organic Waste Product Procurement Target, which requires compliance with criteria specified in 14 CCR Section 18993.1.

2. Keep records in the same manner indicated in Section 1.3.A.3 for the amount of Renewable Gas procured and used by the Jurisdiction, including the general procurement record information specified in Section 1.3.A.3.a, and submit records to the Recordkeeping Designee on a schedule prescribed by the Recordkeeping Designee. Town shall additionally obtain the documentation and submit records specified in Section 1.3.B.3 below, if applicable.

3. If the Town procures Renewable Gas from a POTW,
a. Annually verify that the Renewable Gas from the POTW complies with the requirements specified in 14 CCR Section 18993.1(h), including, but not limited to the exclusion in 14 CCR Section 17896.6(a)(1) and the items listed in this Section 1.3.B.3.
b. Annually receive a record from the POTW documenting the tons of Organic Waste received by the POTW from: (i) a compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10), that is permitted or authorized under 14 CCR Division 7; (ii) transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or (iii) a solid waste 377
54 landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
c. Annually receive documentation from the POTW of the percentage of biosolids that the POTW produced and transported to activities that constitute landfill disposal in order to demonstrate that the POTW transported less than ten percent (10%) of the biosolids it produced to activities that constitute landfill disposal. For the purposes of this Policy, landfill disposal is defined pursuant to 14 CCR Section 18983.1(a) and includes final dispositions at a landfill; use of material as alternative daily cover or alternative intermediate cover at a landfill, and other dispositions not listed in 14 CCR Section 18983.1(b). Alternative daily cover or alternative intermediate cover are defined in 27 CCR Sections 20690 and 20700, respectively.
d. Annually receive documentation that the POTW receives vehicletransported solid waste that is an anaerobically digestible material for the purpose of anaerobic co-digestion with POTW treatment plant wastewater to demonstrate that the POTW meets the requirement of 14 CCR Section 18993.1(h)(2).
e. Town shall submit these records to the Recordkeeping Designee and Reporting Designee on a schedule to be determined by the Reporting Designee.

B. Electricity Procured from Biomass Conversion. For electricity Procured from Biomass Conversion, Town shall:

1. Procure electricity from a biomass conversion facility that receives feedstock from a composting facility, transfer/processing facility, a solid waste landfill, and/or receives feedstock from the generator (or employees on behalf of the generator) of the Organic Waste and to the degree that it is available and practicable for the Town and to help meet the Annual Recovered Organic Waste Product Procurement Target, which requires compliance with criteria specified in 14 CCR Section 18993.1.

2. Maintain records and conduct the following recordkeeping activities:
a. Keep records in the same manner indicated in Section 1.3.A.3 of this Policy for the amount of Electricity Procured from Biomass Conversion facilities, including the general procurement record information specified in Section 1.3.A.3.a.
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55 b. Receive written notification by an authorized representative of the biomass conversion facility certifying that biomass feedstock was received from a permitted solid waste facility identified in 14 CCR Section 18993.1(i).
c. Provide these records to the Recordkeeping Designee.

2.0 RECYCLED-CONTENT PAPER PROCUREMENT

2.1 Requirements for Town Departments
A. Comparable or more favorable pricing: If fitness and quality of RecycledContent Paper Products and Recycled-Content Printing and Writing Paper are equal to that of non- recycled items, all departments and divisions of Town shall purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, whenever available at the same or a lesser total cost than non-recycled items, consistent with the requirements of the Public Contracts Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.

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

C. Provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the Town. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Section 2.2.A.3-4 for recycled-content purchases if available, vendor name, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-RecycledContent Paper Products and/or non-Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not provided.
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56 2.2 Requirements for Contracted Vendors
A. All contracted vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to Town shall:

1. Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non-recycled item, and if they are available at an equal or lesser price.

2. Only provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standard as defined in Title 16 Code of Federal Regulations Section 260.12 (2013), when available.

3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the Jurisdiction. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

4. Certify in writing, under penalty of perjury, that the Paper Products and Printing and Writing Paper offered or sold to the Town is eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013), when available.

5. Provide records to the purchasing department, as requested, of all Paper Products and Printing and Writing Paper purchased from the vendor within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the Town. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Section 2.2.A.3-4 for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-Recycled-Content Paper Products and/or non- Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or RecycledContent Printing and Writing Paper were not provided.

B. All vendors providing printing services to the Town via a printing contract or written agreement, shall make best efforts to use Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as amended by Public Contract Code Section 12209.
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57 3.0 RECORDKEEPING RESPONSIBILITIES
A. A department or public employee, as determined by the Town Manager, will be the responsible department or person to act as the Recordkeeping Designee that will be responsible for obtaining records pertaining to Procurement of Recovered Organic Waste Products and Recycled-Content Paper Products and RecycledContent Printing and Writing Paper, as well as reporting such records to the Reporting Designee.

B. The Recordkeeping Designee and/or Reporting Designee will do the following to track Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper:

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

2. Collect and collate copies of invoices or receipts or documentation evidencing procurement from all departments and divisions procuring Recovered Organic Waste Products and invoices or similar records from
vendors/contractors/others procuring Recovered Organic Waste Products on behalf of the Town to develop evidence of Town meeting its Annual Recovered Organic Waste Product Procurement Target. These records must be kept as part of the Town's documentation of its compliance with 14 CCR Section 18993.1.

3. Collect, collate, and maintain documentation submitted by the Town, Direct Service Providers, and/or vendors, including the information reported to the Recordkeeping Designee in accordance with Sections 1.2.A.3, 1.2.B.2,

1.2.C.2, 1.3.A.3, 1.3.B.2, 1.3.C.3, 2.1.C, and 2.2.A.5.

4. Compile an annual report on the Town's direct procurement, and vendor/other 381
58 procurement on behalf of the Town, of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target and 14 CCR Section 18993.4 for Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper procurement. This report shall be made available to the Town’s responsible entity for compiling the annual report to be submitted to CalRecycle (which will include a description of compliance on many other SB 1383 regulatory requirements) pursuant to 14 CCR Division 7, Chapter 12, Article 13.
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Town of Paradise
Council Agenda Summary
Date: October 14, 2025
Agenda Item: 6(f)
ORIGINATED BY: Scott E. Huber, Town Attorney
REVIEWED BY: Crystal Peters, Human Resources & Risk
Management Director
SUBJECT: Ratification of Agreement with Michael O’Brien for Interim Town Manager Services

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Ratify the Agreement with Michael O’Brien for Interim Town Manager Services; or

2. Provide alternative direction.

Background:

Following the separation between the Town of Paradise and its former Town Manager, the Town searched for someone who could serve as Interim Town Manager. Following a review of several candidates, the Town selected Michael O’Brien, a retired annuitant, to serve as the Interim Town Manager on September 9, 2025. The Town is currently searching for a permanent Town Manager.

Analysis:

During a period when the office of Town Manager is vacant, the Town is able to have a qualified individual serve in the position as an Interim Town Manager. The Town selected Michael O’Brien to serve in that capacity. Mr. O’Brien is the former Police Chief for the City of Chico and is well qualified to serve as the Interim Town Manager. In addition, Mr. O’Brien is very familiar with the Town of Paradise from his service during the Camp Fire and its aftermath. The attached Interim Town Manager Agreement provides the same level of compensation as the top step of the current Town Manager salary schedule resulting in no fiscal impact to the Town.

During closed session on September 9, 2025, the Council approved the agreement and it was reported out to the public. Pursuant to Government Code section 53262, the agreement must be ratified during the open session of the subsequent regular meeting.

Financial Impact:

None.
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Town of Paradise
Council Agenda Summary
Date: October 14, 2025
Agenda Item: 6(g)
ORIGINATED BY: Scott E. Huber, Town Attorney
REVIEWED BY: Crystal Peters, Human Resources & Risk
Management Director
SUBJECT: Ratification of Adjustment to Compensation for Eric Reinbold for Acting Town Manager Services

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Ratify the Adjustment to Compensation for Eric Reinbold for Acting Town Manager Services; or

2. Provide alternative direction.

Background:

Following the separation between the Town of Paradise and its former Town Manager, Eric Reinbold was assigned the role of Acting Town Manager. His service as the Acting Town Manager concluded on September 9, 2025 when the Council selected a retired annuitant, Michael O’Brien, to serve as the Interim Town Manager during the time that the Town will search for a permanent Town Manager.

Analysis:

During a period of absence of the Town Manager, the Town typically assigns a department head to serve as the Acting Town Manager. Depending on the compensation rate of the person who serves in the Acting Town Manager capacity, employees typically are compensated an additional 5% as out of class pay.

In this instance, given the unknown duration of service, and the higher than average workload required during the service, the employee who served in that capacity, Eric Reinbold, requested a total of 10% out of class pay and a one-time deposit of 120 hours of vacation time. The Council approved this item in closed session on September 9, 2025 and reported the action out of closed session.

Pursuant to Government Code section 53262, the agreement must be ratified during the open session of the subsequent regular meeting.

Financial Impact:

Nominal increase in the cost of the agreement.
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Paradise City CouncilOctober 14, 2025

Paradise City Council
October 14, 2025