23 service payments. A list of exemptions is outlined in the Procurement Procedures Manual.
2. A Blanket Purchase Order. A blanket purchase order is an arrangement whereby the City contracts with a vendor to provide equipment or supplies on an as-needed and often, overthe-counter basis. Blanket Purchase Orders provide a mechanism whereby items that are uneconomical to stock may be purchased in a manner that allows field operations timely access to necessary materials. Blanket Purchase Orders shall not be used to purchase services, capital assets or items maintained in stock. All Blanket Purchase Orders must be authorized by the City Manager.
Blanket Purchase Orders must be confirmed annually, before the beginning of the fiscal year. Requests for Blanket Purchase Orders may also be submitted on an as-needed basis. Once a Blanket Purchase Order is issued to a vendor, any authorized City employee may contact the vendor directly to place orders per the terms and conditions specified in the Blanket Purchase Order.
Request for Blanket Purchase Order must be reviewed based upon the following criteria:
(a) Geographic location.
(b) Responsiveness and capabilities.
(c) Average dollar value and type of items to be purchased.
24 (d) Frequency of need.
All Blanket Purchase Orders shall include the following information:
(a) A general description of the equipment or supplies that may be charged.
(b) The period of time the order will remain open, not to exceed one year.
(c) The maximum total amount that may be charged on the purchase order.
(d) Identification of the department(s) and employee(s) who may charge against order.
(e) Requirement that the employee show CITY
identification.
(f) Requirement that employees print and sign their names when picking up goods.
(g) Account number(s) to be charged.
E. QUALIFIED CONTRACTORS/VENDORS
The City maintains a list of qualified contractors in accordance with the provisions of Pinole Municipal Code § 3.34.040, Public Contract Code § 22034, and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. This list is utilized for procurements of public projects greater than sixty thousand dollars $60,000 and less than or equal to two hundred thousand dollars ($200,000) that are being let through informal bid procedures. In addition to
25 the qualified contractors list, the City may elect to maintain a list of qualified vendors.
F. PURCHASES AT AUCTION
Use of public auctions may be an appropriate method of procurement if approved in advance by the City Manager or City Council, depending on the amount of the purchase.
G. CLIMATE-FRIENDLY AND ENVIRONMENTALLY
PREFERABLE PURCHASES AND PRACTICES POLICY
Senate Bill (SB) 1383 Regulations require jurisdictions to implement specific actions which include annually purchasing a specified amount of recovered organic waste products, and requiring recycled content paper products and recordkeeping to demonstrate compliance. The following details the SB 1383 procurement requirements for the City for meeting the annual recovered organic waste product procurement target, as well as the recycled-content paper procurement requirements as described in SB 1383 regulations (14 Division 7, Chapter 12, Article 12), and recordkeeping requirements.
Recovered Organic Waste Product Procurement Requirements A. Annual Recovered Organic Waste Product Procurement Target
1. The City will annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target.
26 2. To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target, products that may be procured include the following:
a. Compost.
b. Mulch.
c. Renewable Gas (in the form of transportation fuel, electricity, or heat).
d. Electricity Procured from Biomass Conversion.
B. Requirements for City Departments
1. City department staff that are responsible for landscaping maintenance, renovation, construction, or related activity are to prioritize the use of Compost and Mulch produced from recovered Organic Waste for landscaping maintenance, renovation, or construction. 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)-(3).
2. City projects that are subject to the Water Efficient Landscaping Ordinance (WELO), 23 CCR, Division 2, Chapter 2.7 are to keep records of Recovered Organic Product procurement. For all mulch that is land applied, procure 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)-(3). City staff are required to 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.
27 C. Procedures & Recordkeeping Requirements for Procured Organic Products City Projects
1. City staff are required to keep records, including invoices or proof of Recovered Organic Product procurement (either through purchase or acquisition), and submit records to the Recordkeeping Designee, upon completion of project. Records shall include:
a. General description of how and where the product was used and applied, if applicable.
b. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured.
c. Type of product and quantity of each product.
d. Invoice or other record demonstrating purchase or procurement.
D. Requirements for Compost and or Mulch Giveaway Events or Other Distribution Events
1. For Compost and Mulch provided to residents, businesses or other organizations through giveaway events or other types of distribution methods, the City will require that the Direct Service Provider (including the City’s franchised hauler) maintain an accurate record of the quantity of Compost and/or Mulch that is distributed.
These records will include:
a. General description of how/where product was used and or applied, as applicable
b. Source of product (physical location), type of product and quantity of product
28 c. Invoice or other record demonstrating purchase, distribution event or giveaway
2. The City’s Recordkeeping Designee will keep records of Compost and Mulch provided for SB 1383 reporting purposes, and for the procurement of Mulch, report that mulch procured by the City or Direct Service Provider meets the land application standards specified in 14 CCR Section 18993.1, as it may be amended from time to time.
3. When Procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, the City will require a written contract or agreement, or execute a purchase order with enforceable provisions that states mulch procured by the Direct Service Provider meets land application standards specified in 14 CCR Section 18993.1, as it may be amended from time to time.
E. Requirements for Procurement of Renewable Gas, Electricity Procured from Biomass Conversion
1. When the City procures Recovered Organic Waste Products that include Renewable Gas and/or Electricity Procured from Biomass Conversion occurs through a Direct Service Provider, the City shall enter into a written contract or agreement or execute a purchase order with enforceable provisions that includes: (i) definitions and specifications for Renewable Gas and/or Electricity Procured from Biomass Conversion and, (ii) an enforcement mechanism (e.g., termination, liquidated damages, etc.) in the event the Direct Service Provider is non- compliant with the requirements.
2. When the City has a Renewable Gas procurement (used for fuel for transportation, electricity, or heating applications), the City shall ensure
29 compliance with criteria specified in 14 CCR Section 18993.1., keep records for Renewable Gas procured and used by the City and provide records to the Recordkeeping Designee, on a suitable schedule as determined, but not less than annually.
3. If the City procures Renewable Gas from a Publicly-Owned Treatment Works (POTW), the City will 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 City shall annually receive a record from the POTW documenting the tons of Organic Waste received by the POTW from: (i) a compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10), that is permitted or authorized under 14 CCR Division 7; (ii) transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or (iii) a solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2. The City shall require that the POTW annually provide documentation of the percentage of biosolids that the POTW produced and transported to activities that constitute landfill disposal to demonstrate that the POTW transported less than twenty-five percent (25%) of the biosolids it produced to activities that constitute landfill disposal. Landfill disposal is defined pursuant to 14 CCR Section 18983.1(a) and includes final disposition at a landfill; use of material as alternative daily cover or alternative intermediate cover at a landfill, and other dispositions not listed in 14 CCR Section 18983.1(b).
30 Alternative daily cover or alternative intermediate cover are defined in 27 CCR Sections 20690 and 20700, respectively.
The City will also require annual documentation that the POTW receives vehicle-transported solid waste that is an anaerobically digestible material for the purpose of anaerobic co-digestion with POTW treatment plant wastewater to demonstrate that the POTW meets the requirement of 14 CCR Section 18993.1(h)(2). The City will ensure records are submitted to the Recordkeeping Designee on an annual basis.
When the City procures electricity from Biomass Conversion the City will maintain records detailing the amount of Electricity Procured from Biomass Conversion facilities and 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). The City will provide these records to the Recordkeeping Designee on an annual basis.
1.15.50 Requirements for Procurement of Recycled Content Paper Products
1. City staff shall purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%) recycle content whenever the total cost is the same cost, lesser cost or not more than 10% of the non-recycled content alternative, consistent with the requirements of the Public Contract Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended. All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable
31 label as defined in Title 16 Code of Federal Regulations Section 260.12.
2. City staff are to maintain records of all Paper Products and Printing and Writing Paper purchases and provide sufficient records to the Recordkeeping Designee at an agreed upon schedule, but not less than annually to enable the Recordkeeping Designee to complete the required documentation for CalRecycle. City staff shall provide a copy of the invoice/ documentation of purchases, vendor name, purchaser name, date and quantity purchased, recycled content information or sufficient proof of purchase as agreed upon by CalRecycle. If non-Recycled-Content Paper Products and/or nonRecycled-Content Printing and Writing Paper are purchased, Town staff is to detail why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not purchased.
F. City Vendor Procurement Requirements
1. All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to the City are to Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%) recycle content whenever the total cost is the same cost, lesser cost or not more than 10% of the non-recycled content alternative, consistent with the requirements of the Public Contract Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended. Vendors are to only provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standard as defined in Title 16 CFR Section 260.12.
32 2. Vendors are to certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. Vendors are to certify in writing, under penalty of perjury, that the Paper Products and Printing and Writing Paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in Title 16 CFR Section 260.12.
3. Vendors are to provide records of all Paper Products and Printing and Writing Paper purchased (both recycled-content and non-recycled content) made by a City department to the Recordkeeping Designee on a schedule to be determined by the Recordkeeping Designee.
Records shall include a copy of the invoice/ documentation of purchase, written certifications as required, purchaser name, quantity/date purchased, and if non-Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper is purchased include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not purchased.
4. All vendors providing printing services to the City via a printing contract or written agreement, shall use Printing and Writing Paper that consists of at least thirty percent (30%), recycle content whenever the total cost is the same cost, lesser cost or not more than 10% of the non-recycled content alternative, consistent with the requirements of the Public Contract Code, Section 12209 or as amended.
33 SB 1383 PROCUREMENT RECORDKEEPING RESPONSIBILITIES
1. The City Manager or their designee will designate who will be the Recordkeeping Designee and responsible for consolidating information from all City departments pertaining to Procurement of Recovered Organic Waste Products and Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper.
2. The Recordkeeping Designee will track Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and RecycledContent Printing and Writing Paper and complete the following tasks:
a) Collect and collate copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of Printing and Writing Paper and Paper Products, including the volume and type of all paper purchases; and, copies of certifications and other required verifications from all departments procuring Paper Products and Printing and Writing Paper (whether or not they contain recycled content) and/or from the vendors providing Printing and Writing Paper and Paper Products.
These records must be kept as part of City’s documentation of its compliance with 14 CCR Section 18993.3.
b) Collect and collate copies of invoices or receipts or documentation evidencing procurement from all City departments procuring Recovered Organic Waste Products and invoices or similar records from vendors/contractors/others procuring Recovered Organic Waste Products on behalf of the City to ensure compliance in meeting its Annual Recovered Organic Waste Product Procurement Target. These records must be kept as
34 part of the City’s documentation of its compliance with 14 CCR Section 18993.1.
c) Collect, collate, and maintain documentation submitted by the City, Direct Service Providers, and/or vendors. Compile an annual report on the City’s procurement, vendor/other procurement on behalf of the City of Recovered Organic Waste Products, Recycled-Content Paper Products, and RecycledContent 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 RecycledContent Printing and Writing Paper procurement. This report shall be made available to the City’s responsible entity for compiling the annual report to be submitted to CalRecycle (which will include a description of compliance on other SB 1383 regulatory requirements) pursuant to 14 CCR Division 7, Chapter 12, Article 13.
OTHER ENVIRONMENTALLY PREFERABLE PROCUREMENT
PRODUCTS, SERVICES AND PRACTICES
1. City staff shall prioritize the purchase of environmentally preferable products, services, and practices, whenever feasible, that include the following:
Zero Emission and or Hybrid Fuel-Efficient Vehicle Fleet. When replacing City fleet vehicles, City staff will prioritize zero emission vehicles and or fuel-efficient vehicles, provided the vehicle meets the performance standard needed for its purpose. When replacing vehicles, less-polluting alternatives such as compressed natural gas, bio-based fuels, hybrids, electric batteries, or fuel cell types are to be considered.
35 Landscaping/Maintenance Services. When considering landscape maintenance services, City staff will prioritize provisions of Sustainable Guidelines for Landscape Professionals (www.bayfriendlycoalition.org) and establish a preferred list of native and drought-tolerant plants for use.
Energy Efficient Electronic Equipment. When considering purchase of new electronic equipment, City staff will prioritize products that include the “Energy Star” certification and meet “EPEAT” energy efficiency standards.
All employees should maintain equipment on the most energy efficient settings.
Solar Installation and Battery Storage. City staff will consider solar installation and battery storage on City properties when deemed economically beneficial.
Water Efficient Products. When considering purchase of water fixtures, plumbing fixtures, and toilets, etc. City staff will prioritize the purchase of items that include the “Water Sense” certification to maximize water efficiency.
Leadership in Energy and Environmental Design (LEED)/Green Building. When building or renovating City facilities, staff will prioritize Leadership in Energy and Environmental Design (LEED) green building practices. When exterior hardscape modifications are made to existing City facilities, staff will consider replacement of impervious surfaces with permeable substitutes such as permeable asphalt, concrete or pavers for walkways, patios, parking lots and driveways.
H. UNION PRINTER PURCHASING PREFERENCE
Preference to union printers will be exercised. Union printers must be given first priority for City print work that require the procurement of services from an external printer. In the event that a decision needs to be
36 made between Union printing and Local Preference, Union printing will take priority over Local Preference.
1. Criteria for Preference.
(a) The printed materials must be produced by a union printer whose employees are represented by labor union.
(b)The union printer must provide competitive pricing and quality services.
(c) The union printer must be able to meet the project’s deadlines.
2. Definition of Union Printer. A union printer is a commercial printer whose employees are represented by a labor union.
All printing produced by a union printer displays a special mark called a union label or “union bug.” This label is printed directly onto the print materials to indicate it was made by members of a labor union.
EFFECTIVE DATE OF POLICY
This amended Policy shall take effect October 17, 2023.
37 VIII. DEFINITIONS
Annual Recovered Organic Waste Product Procurement Target. The amount of Organic Waste in the form of a Recovered Organic Waste Product that the City of Pinole’s is required to procure annually under 14 CCR Section 18993.1. This target is calculated by multiplying the per capita procurement target, which shall be 0.08 tons of Organic Waste per California resident per year, times the City’s residential population using the most recent annual data reported by the California Department of Finance.
Competitive Bidding Process. The process of soliciting and obtaining formal and informal bids, including price quotations, from competing sources, from which an award is typically made to the lowest responsive and responsible bidder.
Compost. 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, Division 7, Chapter
3.1 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Division 7, Chapter 3.2. Compost shall meet the State’s composting operations regulatory requirements.
Consider. To actively and in good faith seek the stated objectives of purchasing recycled content or environmentally preferable products.
38 Cooperative Procurement. A variety of arrangements whereby two or more public entities purchase goods and/or services from the same supplier or multiple suppliers using a single competitive bid or proposal. The combining of the purchasing requirements of two or more public entities to leverage the benefits of volume purchases, including administrative savings and other demonstrable advantages.
Department Head. A department head is a City employee holding a director-level position within the City organization. Department Heads are members of the City executive team and are charged with managing the goals, duties, budget, and personnel of individual City departments. The Fire Chief, Police Chief, Development Services Director, and Finance Director are all Department Heads.
Direct Service Provider. A person, company, agency, district, or other entity that provides a service or services to the City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).
Electricity Procured from Biomass Conversion. Electricity generated from biomass facilities that convert recovered Organic Waste, such as wood and prunings from the municipal stream, into electricity. Electricity procured from a biomass conversion facility may only count toward the Jurisdiction’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).
39 Emergency Procurement. Emergency procurements are those purchases necessary to avoid or mitigate a clear and imminent threat or danger where delay could result in loss of life or danger to health, welfare, or property or threaten the continued operation of the City or the provision of essential City services.
Feasible. Whenever possible and compatible with local, state, and federal law, without reducing safety, quality, or effectiveness, and where the practice, product or service is available at a reasonable cost in a reasonable period of time.
Reasonable cost shall be no more than 10% of the less sustainable product.
Formal Procurement. Formal procurement describes procurements processes that require adherence to stricter and more formalized procedures and standards.
Formal procurement includes formal bidding and formal competitive proposal processes. Formal procurement is used for higher value and more complex purchases.
Formal Bidding. A procurement process for public works projects valued at $200,000 or more and for the purchase of goods, general services and non-public works construction projects valued at over $45,000. For public works project procurements, this process is governed by California Public Contract Code § 22037. This process involves stricter and more formalized procedures than informal bidding.
Formal Competitive Proposals (RFP). A procurement process where the City solicits proposals for consultant/professional services from potential providers. A formal RFP process is for expenditures greater than $45,000. The RFP typically starts with a scope of work and requests proposals to perform it. Proposals typically include a price component which is part of the evaluation criteria to
40 determine which proposal best meets the needs of the City.
General Services. Work performed, or services rendered by outside persons or entities hired by the City. Such services include but are not limited to, custodial services, building and equipment maintenance, machinery and equipment rental, utility services, and land surveying. General Services does not include contracts for public works. This type of work typically involves services where the methods for performing the work is standardized.
Informal Bidding. A procurement process for public works projects valued at more than $60,000 but less than $200,000. This process is governed by California Public Contract Code §22034 and Pinole Municipal Code §3.34.040 and involves less formalized and less strict procedures than formal bidding.
Informal Solicitation. A procurement process where the City solicits written quotes from potential vendors. These written quotes may be informally documented, such as through emails between City employees and potential vendors. This process may be used for purchases of goods, general services, nonpublic works construction projects, and consultant/professional services valued at $45,000 or less and may also be used for public works projects valued at $60,000 or less.
Informal Procurement. Informal procurement describes procurements processes that permit more flexible and less formalized procedures and standards. Informal procurement includes micro purchases, informal solicitation, and informal bidding.
Informal procurement is used for lower value and less complex purchases.
41 Leadership in Energy and Environmental Design (LEEDTM) Rating System.
The green building assessment system developed by the U.S. Green Building Council designed for rating new and existing commercial, institutional, and highrise residential buildings.
Local Preference. A program where local businesses are given preference in the City’s procurement process.
Micro purchases. A procurement process where purchases need not be awarded competitively, but the price must be determined to be fair and reasonable and should be distributed equitably among qualified suppliers. This process may be used for purchase of goods/general services valued under $10,000.
Mulch. Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR, Division 7, Chapter 12. Mulch must meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):
1. Be produced at one of the following facilities:
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); Mulch excludes mulch from chipping and grinding operations.
B. Transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or,
C. A solid waste landfill as defined in Public Resources Code Section 40195.1
42 that is permitted under 27 CCR, Division 2.
2. Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a) (24.5) (A)(1)- (3).
Non-Public Works project. A type of project that does not fall within the definition of “public works project” under the Public Contract Code and is thus, not governed by the competitive requirements applicable to “public works projects.” Examples of non-public works projects include maintenance projects defined as “Routine, recurring, and usual work for the preservation or protection of any publicly-owned or publicly-operated facility for its intended purposes; minor repainting; resurfacing of streets and highways at less than one inch; landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; nor work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher” (PCC § 22002 (c) and (d)).
Organic Waste. Solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR 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.
43 Paper Products. Include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, toweling; or as otherwise defined in 14 CCR Section 18982(a)(51). Printing/writing paper include, but are not limited to, copy paper, envelopes, envelopes, writing tablets, newsprint, uncoated writing papers, posters, brochures, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).
Piggybacking. A form of intergovernmental cooperative purchasing whereby the City utilizes the contract pricing and terms of another government agency to purchase the same goods or services.
Procurement of Recovered Organic Waste Products. Purchase or acquisition (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), and end use by the City or others. The City’s Annual Recovered Organic Waste Product Procurement Target can be fulfilled directly by the City or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the City’s request.
Professional Services. Those services provided by a person or firm engaged in a profession based on a generally recognized special knowledge or skill, including but not limited to, the professions of accountant, attorney, artist, architect, biologist, archeologist, landscape architect, construction manager, engineer, environmental consultant, training or educational consultant, and whose services are considered distinct and unique to such a degree that bidding may not be feasible. Typically, when using professional services there is considerable professional judgement on how work is to be accomplished in meeting a scope of work. As a result, other factors besides price are relevant in determining who to use in meeting City goals.
44 Public Works. This term is used in two regulatory arenas. In the Public Contract Code, it refers to the construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including, but not limited to, demolitions, and the construction and installation of drainage systems, lighting and signaling systems, sewer and water systems, and park and recreational facilities. This is the common usage that guides the City’s budgeting, purchasing and other processes. However, it is important to note that the Labor Code uses this term to cover certain maintenance activities of these same public assets, which trigger prevailing wage laws.
Publicly-Owned Treatment Works (POTW). The same meaning as in Section 403.3(r) of Title 40 of the Code of Federal Regulations.
Recovered Organic Waste Products. 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, 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.
Recordkeeping Designee. The staff person appointed by the City Manager or their designee 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.
45 Recyclability. 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.
Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper. Paper products that consist of at least 30%, by fiber weight, postconsumer fiber, consistent with the requirements of Public Contract Code Sections 22150 to 22154,12200 and 12209, and as amended.
Renewable Gas. Gas derived from Organic Waste that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
Senate Bill 1383 (SB 1383) (Chapter 395, Statutes of 2016). Added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.
SB 1383 Regulations. Refers to, for the purposes of this policy, the ShortLived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
46 Sole Source. A situation where a good or service can only be obtained from one source due to its proprietary or specialized nature.
State. The State of California.
47 APPENDIX A
Type of Purchase Cost Approval
Authority
Documentation Procurement
Method
Goods/General
Services
Under
$10,000
Department
Head
Purchase
Order/Invoice
Micro Purchase
Goods/General
Services/Non PW
Construction
$45,000 or
less
City Manager Contract Informal
Solicitation
Goods/General
Services/Non PW
Construction
Over
$45,000
City Council Contract Formal Bidding
Consultant/Professional
Services
$45,000 or
less
City Manager Contract Informal
Solicitation
Consultant/Professional
Services
Over
$45,000
City Council Contract Formal
Competitive
Proposals
Public Works $60,000 or
less
City Manager Contract Informal
Solicitation
Public Works Over
$60,000 up
to
$200,000
City Manager Contract Informal
Bidding
Public Works Over
$200,000
City Council Contract Formal Bidding
Federally-Funded
Public Works
Transactions utilizing federal funds are governed by federal law and procedures
Federally-Funded
Goods/Services
Transactions utilizing federal funds are governed by federal law and procedures
CITY COUNCIL
REPORT 12.A.
DATE: OCTOBER 15, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: ANDREA DWYER, COMMUNITY SERVICES DIRECTOR
SUBJECT: PINOLE VALLEY PARK SOCCER FIELD DONATION
RECOMMENDATION
City staff recommends that City Council enter into an agreement with West Contra Costa Youth Soccer League to receive a donation for the rehabilitation of the Pinole Valley Park Soccer Field.
BACKGROUND
In January 2024, the City of Pinole created the Parks Master Plan serving as a guide and implementation tool for the management and development of parks, recreation facilities, and programs throughout the city. The facilities provided within the plan are a platform for people to exercise, socialize, and connect with nature. This message also aligns with the City’s mission to deliver quality services to our residents.
Within the plan, it was identified there are currently 13 parks within the City of Pinole, with
54.16 acres of developed parkland and 248.02 acres of undeveloped parkland. Goal 1.4 was to enable field sports to flourish in Pinole through the redevelopment of Pinole Valley Park sports turf areas.
During the time when city staff had to be cognizant of watering park fields, it was decided to lessen watering times and weekly maintenance of the park as it was not in the condition to provide as a resource for the community. City funds continued to be allocated for the park, but staff were placed at other locations to tend to projects not at this site.
In July 2024 staff met with West Contra Costa Youth Soccer League (WCCYSL) to discuss a collaboration and expressed an interest in expanding park usage while being able to expand resident offerings of their league. WCCYSL expressed a direct interest in graciously offering a donation to the city to cover all costs to rehabilitate the Pinole Valley Park soccer field located at the end of Wright Avenue. Currently, the site does not have any use as it is used as an open space due to the identifiable hazards that fill the field. City staff worked to identify a contractor capable of completing the work and continued to work with WCCYSL on the terms of the agreement. The estimate that was provided to the city is in the amount of $167,050.00 for the work to be performed to include a new rehabilitated soccer field with updates to the irrigation system. West Contra Costa Youth Soccer League has offered to provide a donation for the entire $167,050.00. This substantial donation will allow the City to rehabilitate the soccer field and will greatly improve Pinole Valley Park.
REVIEW AND ANALYSIS
Staff recommends collaborating with WCCYSL by entering into an agreement and receive the donation for the rehabilitation of the Pinole Valley Park Soccer Field.
The donation of the funds for this project will provide opportunities for WCCYSL including being the priority user for reservations for a period of 10 years, city-branded marketing for the collaboration, a plaque or other featured signage and logo of WCCYSL at the site and allow for a storage unit for the storage of the group’s items.
FISCAL IMPACT
This donation will cover the cost of the field rennovation. There is no additional fiscal impact from receiving this information and accepting the staff recommendation to continue to collaborate with WCCYSL as the funds are currently allocated for park maintenance, but now staff will continue to tend to the site as needed.
ATTACHMENTS
A. Resolution
B. Soccer Field Donation Agreement final
RESOLUTION NO. 2024 – XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WEST CONTRA
COSTS YOUTH SOCCER LEAGUE TO RECEIVE A DONATION FOR THE REHABILITATION OF THE PINOLE VALLEY PARK SOCCER FIELD.
WHEREAS, in January 2024, the City of Pinole created the Parks Master Plan serving as a guide and implementation tool for the management and development of parks, recreation facilities, and programs throughout the city; and WHEREAS, the facilities provided within the plan are a platform for people to exercise, socialize, and connect with nature. This message also aligns with the City’s mission to deliver quality services to our residents; and WHEREAS, within the plan, it was identified there are currently 13 parks within the City of Pinole, with 54.16 acres of developed parkland and 248.02 acres of undeveloped parkland; and
WHEREAS, goal 1.4 was to enable field sports to flourish in Pinole through the redevelopment of Pinole Valley Park sports turf areas; and WHEREAS, during the time when city staff had to be cognizant of watering park fields, it was decided to lessen watering times and weekly maintenance of the park as it was not in the condition to provide as a resource for the community. City funds continued to be allocated for the park, but staff were placed at other locations to tend to projects not at this site; and
WHEREAS, in July 2024 staff met with West Contra Costa Youth Soccer League (WCCYSL) to discuss a collaboration and expressed an interest in expanding park usage while being able to expand resident offerings of their league; and WHEREAS, WCCYSL expressed a direct interest in graciously offering a donation to the city to cover all costs to rehabilitate the Pinole Valley Park soccer field located at the end of Wright Avenue; and
WHEREAS, currently, the site does not have any use as it is used as an open space due to the identifiable hazards that fill the field; and WHEREAS, city staff worked to identify a contractor capable of completing the work and continued to work with WCCYSL on the terms of the agreement; and
WHEREAS, the estimate that was provided to the city is in the amount of $167,050.00 for the work to be performed to include a new rehabilitated soccer field with updates to the irrigation system; and
WHEREAS, West Contra Costa Youth Soccer League has offered to provide a donation for the entire $167,050.00. This substantial donation will allow the City to rehabilitate the soccer field and will greatly improve Pinole Valley Park; and WHEREAS, staff recommends collaborating with WCCYSL by entering into an agreement and receive the donation for the rehabilitation of the Pinole Valley Park Soccer Field; and
WHEREAS, the donation of the funds for this project will provide opportunities for WCCYSL including being the priority user for reservations for a period of 10 years, citybranded marketing for the collaboration, a plaque or other featured signage and logo of WCCYSL at the site and allow for a storage unit for the storage of the group’s items; NOW, THERFORE BE IT RESOLVED that the City Council of the City of Pinole does approve as follows:
1. The City Manager is authorized to enter into an agreement with West Contra Costa Youth Soccer League to receive a donation in the amount of $167,050 for the rehabilitation of the Pinole Valley Park Soccer Field.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 15th day of October 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted
on the 15th day of October 2024.
____________________________
Heather Bell, CMC
City Clerk
AGREEMENT BETWEEN CITY OF PINOLE
AND WEST CONTRA COSTA YOUTH SOCCER LEAGUE (WCCYSL)
REGARDING RENOVATION OF SOCCER FIELD
ON CITY PROPERTY
This Agreement (“Agreement”) is entered into this 15th day of October 2024 (“Effective Date”) between the CITY OF PINOLE, a municipal corporation, hereinafter referred to as “CITY” and WEST CONTRA COSTA YOUTH SOCCER LEAGUE, a 501(c)(3) non-profit organization, hereinafter known as “WCCYSL”.
RECITALS
WHEREAS, WCCYSL has expressed a desire to donate funding to the City for certain renovations of the soccer field at Pinole Valley Park commonly referred to as “Wright Field” or “Pinole Valley Park East Field” (“Improvements”) a municipally-owned park; and
WHEREAS, CITY desires to accept a donation for such Improvements; and WHEREAS, after the completion of the Improvements, WCCYSL shall be granted priority reservations of the soccer field in Pinole Valley Park in exchange for funding of the Improvements, among other items specified in the Agreement below; and
WHEREAS, it appears to be in the public interest to accept funding and commence construction of such Improvements.
NOW, THEREFORE, WCCYSL and CITY mutually agree as follows:
AGREEMENT
Section 1. CITY Rights and Responsibilities.
A. CITY agrees to utilize WCCYSL’s donation for the renovation of the Pinole Valley Park soccer field. The plans, specifications, location and manner of work shall be in the sole discretion of CITY. The Improvement specifications are shown in Exhibit A, attached hereto and incorporated herein.
B. In exchange for WCCYSL’s donation, CITY agrees to provide the following:
i. Priority reservations for the Pinole Valley Park soccer fields, for a period of Ten (10) years following the Effective Date of this Agreement.
ii. City-branded marketing materials promoting the renovation of the Pinole Valley Park soccer field in collaboration with WCCYSL, featuring both the City seal or logo and the WCCYSL seal or logo.
iii. A plaque or other featured signage at the site of the Improvements featuring the seal and/or logo of WCCYSL.
iv. Use of a designated space for placement of storage of WCCYSL equipment and materials for a period of 10 years from the date of this Agreement. The storage space shall be at a mutually agreeable location and shall be at least 14ft x 4ft to accommodate “job box” size storage exclusively for WCCYSL use. WCCYSL shall provide reasonable maintenance of
the storage box, as may be requested by City from time to time, in order to ensure the storage box is kept free of debris, mold, etc. City shall have access to the storage box at all times.
v. CITY agrees to maintain the renovated Pinole Valley Park East to a mutually agreeable cut length for Priority use of a High-Quality Youth Soccer Field. The desired cut length is 2 inches; cut once per week at minimum during the in-use season which shall be from March 1st to December 1st annually. CITY and WCCYSL agree to engage in an ongoing mutually agreeable maintenance protocol for the Field referencing the supplier’s maintenance recommendations for use as High-Quality Soccer Field.
Section 2. WCCYSL Rights and Responsibilities.
A. Prior to CITY beginning work, WCCYSL shall submit to City, a donation in the amount of One Hundred Sixty-Seven Thousand and Fifty Dollars $167,050.00 for the renovation of the Pinole Valley Park soccer field.
Section 3. INDEMNIFICATION . To the maximum extent allowed by law, WCCYSL shall indemnify, keep and save harmless the CITY, and CITY Councilmembers, officers, agents and employees against any and all suits, claims or actions arising out of WCCYSL’s performance of this Agreement by a negligent act or omission or wrongful misconduct of the WCCYSL or its employees, subcontractors or agents. WCCYSL further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the CITY or any of the other individuals enumerated above in any such action, WCCYSL shall, at its expense, satisfy and discharge the same. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
The defense and Indemnification obligations required under this Section 3 of the Agreement shall be in effect only until the completion of WCCYSL’s duties and responsibilities under Section 2 of this Agreement.
It is expressly understood between the parties that once the Donation referenced in Section 2 is funded WCCYSL shall owe no obligations contingent or otherwise under Section 3.
Section 4. Ownership of Improvements.
Ownership of the Improvements shall remain with CITY. The improvements shall not include the Storage Container tangible personal property within the storage container as referenced in Section 1 of the agreement which shall be the property of WCCYSL.
Section 5. Termination of Agreement or Exclusivity by City. In the event of default, the CITY may give thirty (30) days written notice to WCCYSL of its intent to terminate this Agreement or to terminate any rights given to WCCYSL under this Agreement. It will be considered a default if WCCYSL:
a. Fails to satisfy any obligation under the terms of this Agreement, or b. Disregards or violate the laws or regulations of the City of Pinole, including but not limited to its failure to abide by the Pinole Municipal Code, pertaining to permitted uses in City public parks. c. Disregards or fails to follow the City Council’s direction to work cooperatively with other regional soccer organizations serving Pinole youth to ensure that Pinole-based youth have access to the facility.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.
WCCYSL CITY OF PINOLE
By ___________________________ By ____________________________ City Manager
Attest:
By ____________________________
City Clerk
Approved as to Form
By ___________________________
Eric Casher City Attorney