HomeMy WebLinkAboutEnvironmentally Preferred Purchasing Policy - Ordinance 3877 Huntington Beach Independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County, State of California,under date of Aug. 24. 1994, case
A50479.
PRO"I' OF
PUBLICATION -CITY OF
HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO.3877
" Adopted by the
STATE OF CA L.I ,®IZ1�1IA ) City Council an ,
i APRIL 19,2010,
"AN ORDINANCE OF THE I
CITY OF HUNTINGTON "
7�7 �T g A �7 ) SS, BEACH AMENDING
COUNTY T g ®Y' ORANGE�Y�� ) CHAPTER 3.02 OF THE
HUNTINGTON BEACH
MUNICIPAL CODE RE-
LATING TO-PURCHASES
OF GOODS AND SER-
VICES'I am the Citizen of the United States and a SYNOPSIS:
A CITY COUNCIL.
resident of the County aforesaid; I am over ADOPTED ENVIRONMEN-
TALLY PREFERRED PUR
the age of eighteen years, and not a party CHASING POLICY.AL-
LOWS.CITY STAFF T0,
to or Interested In the below entitled matter. PURSUE STATE'_AND
FEDERAL GRANTS THAT
I am a principal clerk of the HUNTINGTON REQUIRE AN ADOPTED
POLICY. ADDITIONALLY„',
BEACH INDEPENDENT, a newspaper of THE POLICY SUPPORTS
general circulation, printed and published in T H-E c o u N c I L's
�+ ADOPTED VISION WHICH
the City of Huntington Beach, bounty of STATE' AN 'ENNGTON
BEACH: AN ENGAGED,
Orange, State of California, and the SUSTAINABLE :FAMILY-
FRIENDLY COMMUNITY
attached Notice is a true and complete copy THAT IS,SAFE, VIBRANT
AND' ATTRACTIVE TO '
as was printed and published on the TOURISTB RESIDENTS,
AND BUSINESSES
ALIKE:" ENVIRONMEN-
following date(s): TALLY PREFERRED PUR-
CHASING (EPP) BEST
PRACTICES GUIDE HAS
BEEN SUPPORTED AND
APPROVED BY THE EN- .
VIRONMENTAL BOARD.
TO ALLOW FOR REVI-
SIONS TO.THE EPP, IT
IS INCORPORATED BY
REFERENCE IN THIS OR-
April 29, 2010 DINANCE.
PASSED AND,ADOPTED
by the City Council of
the City of„Huntington
Beach at a 'regular
meeting held' April 19,
2010 by the following,
roll call vote:
I declare, under penalty ofperjury, that the AYES: CaGr6e CoBohr,
p Y Hardy, Green; Bohr,
foregoing is true and correct. Dwyer,Hansen
9 g Nobs:None `.
ABSTAIN:None
ABSENT:None
THE FULL TEXT AF'THE
ORDINANCE IS -AVAIL-
Executed on April 29, 2010 ABLE; IN THE CITY
CLERK'S OFFICE.'
i This ordinance Is effec-
at Costa Mesa, California tive 30, days after
adoption.
' CITY OF
HUNTINGTON BEACH
2000 MAIN STREET
i HUNTINGTON BEACH,
t, CA 92648,
714-536-5227 '
SlgI Iatufe JOAN L.FLYNN,
CITY CLERK
Published Huntington
Beach Independent April
29,2010 045-.622
Huntington Beach Independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County, State of California,under date of Aug. 24, 1994,case
A50479.
PROOF OF
PUBLICATION
STATE OF CALIFORNIA )
)I SS. CITY OF
HUNTINGTON BEACH .
COUNTY OF ORANGE ) LEGAL TICE
ORDINANCE NO.
Adopted by the
I am the Citizen of the United States and a APRlLi9,,solo
"AN ORDINANCE OF THE
resident of the County aforesaid; I am over CITY OF, HUNTINGTON
BEACH AMENDING
the age of eighteen years, and not a party CHAPTER 3.03 OF THE
.HUNTINGTON BEACH
to or Interested In the below entitled matter. MUNICIPAL CODE RELAT-
ING TO PROFESSIONAL
am a principal clerk of the HUNTINGTON SERVICES"
SYNOPSIS:
BEACH INDEPENDENT, a newspaper of THIS ORDINANCE WAS
ADOPTED IN RESPONSE
general circulation, printed and published in TO RECENT AUDITS OF
FEDERAL GRANTS: THE
the City of Huntington Beach, County of HUNTINGTON .BEACH
MUNICIPAL CODE IS
Orange, State of California, and the MODIFIED TO VERIFY DE-
BARMENT AND SUSPEN-
attached Notice is a true and complete copy SION ACTIONS PRIOR TO
as was printed and published on the AWARDING P.S CON-
TRACTS.SERVICES CON-
following date(s): T.03 040 SECTION
,3.03.040 SELECTION
GUIDELINES INCLUDE
"CONSULTANT. STATUS
WILL BE VERIFIED
THROUGH STATE AND
FEDERAL REGISTRIES TO
IDENTIFY DEBARMENT,
SUSPENSION, INELIGI-
BILITY OR VOLUNTARY
EXCLUSION ACTIONS."
April 29, 2010 LANGUAGETHIS SUP-
PORTS FEDERALEXECU-
TIVE ORDER NO. 12549-
DEBARMENT AND SUS-
PENSION.
PASSED. AND ADOPTED
by the City Council .of
the City of Huntington
I declare, under penalty of perjury, that the Beach at a regular meet-
ing held.April 19, 2010
foregoing is true and correct. by the following roll call
vote:
AYES:.Carchio, Coerper,
Hardy, Green, Bohr;-
Dwyer,Hansen .
NOES.None
Executed on April 29, 2010 ASSENT:NoneNon,
ABSENT:Nonei
THE FULL OF TH
at Costa Mesa, California ORDINANCEEXT IS AVAILS
ABLE IN THE CITY
CLERK'S OFFICE.
This ordinance is effec- ;
tive SO days after
C r, adoption.
CITY OF
HUNTINGTON BEACH'"
S i g n at u re 2000 MAIN STREET
HUNTINGTON BEACH,
CA 92648
zs 714-S36-S227
JOAN L.FLYNN,
CITY CLERK
Published .Huntington
Beach Independent April
29,1010 045-623
=11 r -
Council/Agency Meeting Held:_
Deferred/Continued to:� o�/D
Ap roved ❑ Conditionally Approved ❑ Denied *.1 .46PVCleek'sOo8ignat r
Council Meeting Date: April 5, 2010 Department ID Number: PW 10-021
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Administrator
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Adopt two Ordinances modifying HBMC Section. 3.02 adding an
Environmentally Preferred Purchasing Policy and Section 3.03 to
include debarment and suspension verfication before awarding
professional services.
Statement of Issue: Adoption of a citywide Environmentally Preferred Purchasing (EPP)
policy is a pre-requisite to be eligible for certain grant funding opportunities from State and
Federal sources. The proposed ordinance modifies the Huntington Beach Municipal Code
(HBMC) Section 3.03 to incorporate the EPP Best Practices Guide. A second proposed
ordinance inserts language regarding debarment and suspension in the award of
professional services contracts.
Funding Source: No funds are required for this action. Adoption of the ordinance will make
the city eligible for potential grant opportunities.
Recommended Action: Motion to:
A) Adopt Ordinance No. 3877, "An Ordinance of the City of Huntington Beach amending
Chapter 3.02 of the Huntington Beach Municipal Code Relating to Purchases of Goods and
Services," and
B) Adopt Ordinance No. 3878, "An Ordinance of the City of Huntington Beach amending
Chapter 3.03 of the Huntington Beach Municipal Code Relating to Professional Services."
Alternative Action(s): Do not approve one or both ordinances and provide staff with
alternative direction.
Item 16.
REQUEST FOR COUNCIL ACTION
MEETING DATE: 4/5/2010 - DEPARTMENT'ID NU7An
0-021
An sis: A City Council adopted environmentally preferred purchasings city
staff f ,pursue state and federal grants that require an adopted policy. ly, the
policy supports the council's adopted vision which states "Huntington/Beach: An engaged,
sustainab`I� family-friendly community that is safe, vibrant and attractive to tourists, residents
and businesses alike." Environmentally Preferred Purchasing (EP ) Best Practices Guide
has been supported and approved b the Environmental Board. Teo allow for revisions to the
P,p pp Y
EPP, it is in'orporated by reference in the proposed ordinance. An accompanying
Administrative Regulation that outlines department procedure�lso has been drafted.
A second ordinLc is proposed that responds to recent a�fdits of federal rants. The HBMC
p p p g
will be modified to v rify debarment and suspension aeons prior to awarding professional
services contracts. Section 3.03.040 Selection guidelines (d) will include "Consultant status
will be verified througl \State and Federal regist�es to identify debarment, suspension,
ineligibility or voluntary exclusion actions." This I nguage supports federal Executive Order
No. 12549 —Debarment and Suspension.
Environmental Board Action- The EPP and Administrative Regulations were presented by
the Ad-hoc Green Committee an approved by the Environmental Board on January 7, 2010.
Public Works Commission Action, N tzef quired.
Environmental Status: Not applicable.
Strategic Plan Goal: Enhance Ekcn omic evelopment
Attachment(s):
® ® e o
1. Ordinance No. 3877, "An Ordinance of the ity of Huntington Beach amending
Chapter 3.02 of the Huntington Beach Municipal Code Relating to Purchases of
Goods and ervices and Legislative Draft."
2. Environm/ntally Preferred Purchasing Policy Best Practices Guide
I Enviro ental Board letter of support dated January 8�2010
4. EEP roposed Administrative Regulation
5. O inance No. 3878, "An Ordinance of the City of Huntington Beach amending
hapter 3.03 of the Huntington Beach Municipal Code Rela'ti�n\to Professional
7Services and Legislative Draft."
REQUEST FOR COUNCIL ACTION
MEETING DATE: 4/5/2010 DEPARTMENT ID NUMBER: PW 10-021
Analysis: A City Council adopted environmentally preferred purchasing policy allows city
staff to pursue state and federal grants that require an adopted policy. Additionally, the
policy supports the council's adopted vision which states "Huntington Beach: An engaged,
sustainable family-friendly community that is safe, vibrant and attractive to tourists, residents
and businesses alike." Environmentally Preferred Purchasing (EPP) Best Practices Guide
has been supported and approved by the Environmental Board. To allow for revisions to the
EPP, it is incorporated by reference in the proposed ordinance. An accompanying
Administrative Regulation that outlines department procedures also has been drafted.
A second ordinance is proposed that responds to recent audits of federal grants. The HBMC
will be modified to verify debarment and suspension actions prior to awarding professional
services contracts. Section 3.03.040 Selection guidelines (d) will include "Consultant status
will be verified through State and Federal registries to identify debarment, suspension,
ineligibility or voluntary exclusion actions." This language supports federal Executive Order
No. 12549 —Debarment and Suspension.
Environmental Board Action: The EPP and Administrative Regulations were presented by
the Ad-hoc Green Committee and approved by the Environmental Board on January 7, 2010.
Public Works Commission Action: Not required.
Environmental Status: Not applicable.
Strategic Plan Goal: Enhance Economic Development
Attachment(s):
® De rij o i 0 rj
1. Ordinance No. 3877, "An Ordinance of the City of Huntington Beach amending
Chapter 3.02 of the Huntington Beach Municipal Code Relating to Purchases of
Goods and Services and Legislative Draft."
2. Environmentally.Preferred Purchasing Policy Best Practices Guide
3. Environmental Board letter of support dated January 8, 2010
4. EEP Proposed Administrative Regulation
5. Ordinance No. 3878, "An Ordinance of the City of Huntington Beach amending
Chapter 3.03 of the Huntington Beach Municipal Code Relating to Professional
Services and Legislative Draft."
6. PowerPoint
ATTACHMENT # 1
ORDINANCE NO. 3877
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 3.02 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO PURCHASES OF GOODS AND SERVICES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 3.02.025 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.02.025 Definitions. For the purposes of this Chapter, the following definitions apply:
(a) Bid or Proposal Documents. The documents, including their attachments and
addenda, which set forth instructions to bidders or proposers, and are disseminated for
the purpose of soliciting bids or proposals.
(b) City Administrator shall mean City Administrator or his/her designee.
(c) City Employee. An individual who performs services for the City in the capacity of
an elected or appointed official, or as a compensated employee of the City or of a
temporary services agency retained by the City. "City employee" does not include
independent contractors.
(d) Contract. Agreements, regardless of what they may be labeled, between the City and
one or more other parties for the purchase or disposition of goods and/or services.
(e) Contractor/Vendor/Supplier. Any person who has entered into an agreement with the
City for the provision or disposition of goods and/or services.
(f) Environmentally Preferred Purchasing(EPP). The current EPP Best Practices Guide
to assist in the procurement of services, goods and materials that have the lowest life
cycle cost; and provide the basis for securing environmentally friendly and
sustainable purchasing practices.
(g) Finance Director shall mean the Finance Director or his/her designee.
(h) Financial Interest.
(1) Ownership of any interest or involvement in any relationship from which, or
as a result of which, a person has received compensation within the past year,
or is entitled to, or is currently receiving compensation;
(2) Ownership, whether wholly or in part, of any property or business; or
(3) Status as an officer, director, trustee, partner,employee, or manager of a
business.
(i) Goods. Articles moveable at the time of sale, including but not limited to equipment,
supplies and materials.
10-2449/44620 1
Ordinance No. 3877
(j) Gratuity. A gift, payment, loan, advance, deposit of money, or service,presented or
promised in return for or in anticipation of favorable consideration in the procurement
process. "Gratuity" does not include the compensation paid by or due from the City
or from a temporary service agency under contract with the City to an employee in
connection with the employee's services for the City.
(k) Immediate Family. Any spouse, child, stepchild,parent or stepparent of a City
employee. The relationship of parent to child includes both natural and adoptive
relationships.
(1) Local Business. A business entity with one or more fixed offices and/or locally
taxable distribution points within the boundaries of the City of Huntington Beach
which holds a current and valid City business license with a Huntington Beach
business street address.
(m)Maintenance and Repair Services. Services intended to preserve and/or restore a
public work to a clean, safe, efficient and/or continually usable condition.
Maintenance and repair services may include, but are not limited to: carpentry,
electrical, painting, plumbing, glazing and other craftwork to preserve a facility in the
condition for which it was intended; repairs, cleaning and other operations on
machinery and other equipment permanently attached to a facility as fixtures; the
mowing, pruning, and trimming of lawns, grass, trees, shrubs, bushes and hedges; and
the regular removal or relocation of by-products or waste products accumulated at
City facilities as the result of ongoing environmental processes.
(n) Person. Any individual, partnership, limited partnership, association, corporation,
labor union, committee, club, or governmental, public or quasi-public entity.
(o) Procurement. The acquisition of goods and/or services by the City, including but not
limited to purchasing, rental or leasing, and all functions and procedures pertaining to
such acquisitions.
(p) Professional Services. Services, which involve the exercise of professional discretion
and independent judgment based on an advanced or specialized knowledge, expertise
or training gained by formal studies or experience. Such services include, but are not
limited to, those provided.by appraisers, architects, attorneys, engineers, instructors,
insurance advisors, physicians and other specialized consultants. The procurement of
professional services is governed by Huntington Beach Municipal Code Section 3.03.
(q) Responsible Bidder. A bidder determined by the awarding authority:
(1) To have the ability, capacity, experience and skill to provide the goods and/or
services in accordance with bid specifications;
(2) To have the ability to provide the goods and/or services promptly, or within
the time specified, without delay;
(3) To have equipment, facilities and resources of such capacity and location to
enable the bidder to provide the goods and/or services;
(4) To be able to provide future maintenance, repair,parts and service for the use
of the goods purchased, if appropriate;
(5) To have a record of satisfactory or better performance under prior contracts
with the City and other purchasers where such bidder has previously been
awarded such contracts;
(6) To have complied with laws, regulations, guidelines and orders governing
prior or existing contracts performed by the bidder, if applicable;
10-2449/44620 2
Ordinance No. 3877
(7) To meet the City standards for environmentally preferable procurement.
(r) Responsive Bidder. A bidder determined by the Purchasing/Central Services
Manager to have submitted a bid or proposal which conforms in all material respects
to the requirements of the bid or proposal documents.
(s) Services. Work performed or labor,time and effort expended by an independent
contractor.
(t) Specifications. A description of the physical or functional characteristics or of the
nature of the required goods and/or services.
(u) Surplus Personal Property. Goods owned by the City which are no longer needed or
which are obsolete or unserviceable, property that is a by-product(scrap metal, used
tires and oil, etc.), or any unclaimed, seized or abandoned personal property in the
possession or custody of the department of public safety which may be legally
disposed of by the City.
SECTION 2. Section 3.02.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.02.050 Procurement and disposition responsibilities.
(a) The Director or his/her designee represented of the Department requiring goods and
services, other than professional services, shall:
(1) Identify its procurement needs and the availability of funding.
(2) Submit to the Purchasing/Central Services Manager specifications for the required
goods and/or services.
(3) Participate in the evaluation of bids and proposals, as required.
(4) Inspect goods delivered and services, other than professional services,performed
to determine conformity with the requirements set forth in the bid or proposal
documents and with contractual obligations, authorize payment for conforming
goods and/or services and notify the Purchasing/Central Services Manager of
nonconforming goods and/or services.
(5) In developing plans, drawings, work statements, specifications, or other product
descriptions, the department shall ensure, to the maximum intent economically
feasible,the purchase of environmentally preferable products or services that
comply with the City's Strategic.Plan goal and current EPP Best Practices Guide.
This includes, but is not limited to,products that are durable, recyclable, reusable,
readily biodegradable, energy efficient, made of recycled materials, and nontoxic.
Furthermore,the department shall purchase products and services based on long-
term environmental and operating costs, and find ways to include environmental
and social cost'in short-term prices.
(b) Finance Director. The Finance Director shall be responsible for the procurement of
goods and/or services for the City in accordance with the provisions of this Chapter.
No procurement of goods and/or services shall be made by any City employee
independently of the Finance Director except in cases of emergency, unless otherwise
authorized in writing by the City Administrator. The Finance Director shall:
10-2449/44620 3
Ordinance No. 3877
(1) Prepare and recommend to the City Administrator operational procedures and
forms for the procurement of goods and/or services in cooperation with the
Department Directors.
(2) Procure or supervise the procurement of all goods and/or services needed in
coordination with the department.
(3) Process the contracts awarded.
(4) Whenever possible,establish standardized specifications and consolidation of
requirements for goods and/or services required by two or more departments.
(5) Determine the types and amounts of bid security and any performance security
acceptable for City procurements.
(6) Be the awarding authority for every procurement of goods and/or services for:
(i) which the City has an approved budget and sufficient unencumbered
appropriated funds; and
(ii) wherein the cost of which will be fully paid or reimbursed to the City,
regardless of amount.
(7) Review the results of all formal competitive bid and proposal solicitations for
which the City Council is the awarding authority.
(8) Assure compliance with the current Best Practices Guide to the extent practicable, and
document exceptions to the EPP.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of April , 2010.
ay
ATTEST: APPROVED AS TO FORM:
City Clerk -City Attorney 0k0 �301\-o
REVIE ND APPROVED: INITIATED AND APPROVED:
0,4
t/Aiministrator Director of ublic Works
10-2449/44620 4
Ord. No. 3877
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on April 5,2010,and was again read to said City Council at a
regular meeting thereof held on April 19,2010, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on April 29,2010. -
In accordance with the City Charter of said City _
Joan L. Flynn, City Clerk Civ Clerk and ex-officio Merk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
KEY
INSERTIONS: Double underline
DELETIONS Sri1�
Ordinance No. 3877
LEGISLATIVE DRAFT
Chapter 3.02
PURCHASES OF GOODS AND SERVICES
(2259-2/78,2433-7180,2464-12/80,3144-9/92,3316-1/96,3322-3/96,3510-10/01,3718-8/05,3751-11/06)
Sections'
3.02.010 Established
3.02.015 Purpose
3.02.020 Director--Duties
3.02.025 Definitions
3.02.030 Director--Exemptions from centralized purchasing
3.02.040 Procedures
3.02.050 Procurement and disposition responsibilities
3.02.060 Equipment leases
3.02.070 Methods of procurement
3.02.080 Competitive bidding requirement; exemptions
3.02.090 Pre-bid conferences or site inspections
3.02.100 Advertisement of bidding opportunities
3.02.110 Correction or withdrawal of bids
3.02.120 Receipt of bids or proposals
3.02.130 Evaluation of bids or proposals
3.02.140 Preparation of bid or proposal documents
3.02.150 Cancellation of solicitations; Rejection of bids
3.02.160 Procurement records; Public inspection
3.02.170 Bonds and other security; insurance requirements
3.02.180 Local business preference
3.02.190 Exempt and emergency procurements
3.02.195 Right to inspect plant and audit records
3.02.200 Disqualification of vendors
3.02.210 Disposition of surplus personal property
3.02.220 Ethics
3.02.010 Established. The Central Services Division is established for the purpose of providing
for centralized purchasing of all supplies, services and equipment for the various agencies of the
City. (2259-2/78,2464-12/80,3510-10/01,3718-8/05)
3.02.015 Purpose. This Chapter is adopted in order to provide a uniform procedure for
contracting for goods and services by the City of Huntington Beach, to provide for fair and
equitable treatment of all persons involved, to obtain the highest possible value in exchange for
public funds, and to safeguard the quality and integrity of the purchasing and contract process.
(3510-10/01)
3.02.020 Director--Duties. The Finance Director shall direct the activities of the Central
Services Division. The Purchasing/Central Services Manager shall be responsible to the Finance
Director. (2259-2/78,2464-12/80,3510-10/01,3718-8/05,3751-11/06)
Huntington Beach Municipal Code Chapter 3.02 Page 1 of 14
10-2449/44631
KEY
INSERTIONS: Double underline
DELETIONS Strike rex�
LEGISLATIVE DRAFT
3.02.025 Definitions. For the purposes of this Chapter, the following definitions apply:
(3510-10/01)
(a) Bid or Proposal Documents. The documents, including their attachments and addenda,
which set forth instructions to bidders or proposers, and are disseminated for the purpose of
soliciting bids or proposals.(3510-10/01)
(b) City Administrator shall mean City Administrator or his/her designee. (3510-10/01)
(e-) City Employee. An individual who performs services for the City in the capacity of an
elected or appointed official, or as a compensated employee of the City or of a temporary
services agency retained by the City. "City employee" does not include independent
contractors. (3510-10/01)
(d) Contract. Agreements, regardless of what they may be labeled, between the City and one or
more other parties for the purchase or disposition of goods and/or services. (3510-10/01)
(e) Contractor/Vendor/Supplier. Any person who has entered into an agreement with the City
for the provision or disposition of goods and/or services. (3510-10/01)
(f) Environmentally Preferred (EPP). The current EPP Best Practices Guide to assist in the
procurement of services, goods and materials that have the lowest life cycle cost; and provide
the basis for securing environmentally friendly and sustainable purchasing practices.
(-f)tgl.Finance Director shall mean the Finance Director or his/her designee.
(3510-10/01,3718-8/05,3751-11/06)
WCh)==Flnanclal Interest. (3510-10101)
(1) Ownership of any interest or involvement in any relationship from which, or as a
result of which, a person has received compensation within the past year, or is entitled
to, or is currently receiving compensation; (3510-10/01)
(2) Ownership, whether wholly or in part, of any property or business; or(3510-10/01)
(3) Status as an officer, director,trustee, partner, employee, or manager of a business.
(3510-10/01)
(h)0 Goods. Articles moveable at the time of sale, including but not limited to equipment,
supplies and materials. (3510-10/01)
(})(j) Gratuity. A gift, payment, loan, advance, deposit of money, or service, presented or
promised in return for or in anticipation of favorable consideration in the procurement process.
"Gratuity" does not include the compensation paid by or due from the City or from a temporary
service agency under contract with the City to an employee in connection with the employee's
services for the City. (3510-10/01)
O) kW Immediate Family. Any spouse, child, stepchild, parent or stepparent of a City employee.
The relationship of parent to child includes both natural and adoptive relationships. (3510-10/01)
Huntington Beach Municipal Code Chapter 3.02 Page 2 of 14
10-2449/44631
KEY
INSERTIONS: Double underline
DELETIONS Strom gli
LEGISLATIVE DRAFT
(k) U Local Business. A business entity with one or more fixed offices and/or locally taxable
distribution points within the boundaries of the City of Huntington Beach which holds a current
and valid City business license with a Huntington Beach business street address.
(3510-10/01)
(lftm Maintenance and Repair Services. Services intended to preserve and/or restore a public
work to a clean, safe, efficient and/or continually usable condition. Maintenance and repair
services may include, but are not limited to: carpentry, electrical, painting, plumbing, glazing and
other craftwork to preserve a facility in the condition for which it was intended; repairs, cleaning
and other operations on machinery and other equipment permanently attached to a facility as
fixtures; the mowing, pruning, and trimming of lawns, grass,trees, shrubs, bushes and hedges;
and the regular removal or relocation of by-products or waste products accumulated at City
facilities as the result of ongoing environmental processes. (3510-10/01)
(m)Ln Person. Any individual, partnership, limited partnership, association, corporation, labor
union, committee, club, or governmental, public or quasi-public entity. (3510-10101)
(rr) o Procurement. The acquisition of goods and/or services by the City, including but not
limited to purchasing, rental or leasing, and all functions and procedures pertaining to such
acquisitions. (3510-10/01)
(p)W Professional Services. Services, which involve the exercise of professional discretion and
independent judgment based on an advanced or specialized knowledge, expertise or training
gained by formal studies or experience. Such services include, but are not limited to, those
provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors,
physicians and other specialized consultants. The procurement of professional services is
governed by Huntington Beach Municipal Code Section 3.03. (3510-10/01)
(q)Lr Responsible Bidder. A bidder determined by the awarding authority: (3510-1o/o1)
(1) To have the ability, capacity, experience and skill to provide the goods and/or services
in accordance with bid specifications; (3510-10/01)
(2) To have the ability to provide the goods and/or services promptly, or within the time
specified, without delay; (3510-10/01)
(3) To have equipment, facilities and resources of such capacity and location to enable
the bidder to provide the goods and/or services; (3510-10/01)
(4) To be able to provide future maintenance, repair, parts and service for the use of the
goods purchased, if appropriate; (3510-10/01)
(5) To have a record of satisfactory or better performance under prior contracts with the
City and other purchasers where such bidder has previously been awarded such
contracts; (3510-10/01)
(6) To have complied with laws,regulations, guidelines and orders governing prior or
existing contracts performed by the bidder, if applicable; (3510-10/01)
(7) To meet the City standards for environmentally preferable procurement.
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(f)Ls Responsive Bidder. A bidder determined by the Purchasing/Central Services Manager to
have submitted a bid or proposal which conforms in all material respects to the requirements of
the bid or proposal documents. (3510-10/01,3718-08/05)
(s)(t Services. Work performed or labor,time and effort expended by an independent
contractor. (3510-10/01)
(-t)Uu Specifications. A description of the physical or functional characteristics or of the nature
of the required goods and/or services. (3510-10/01)
(u)Uvv Surplus Personal Property. Goods owned by the City which are no longer needed or
which are obsolete or unserviceable, property that is a by-product(scrap metal,used tires and oil,
etc.), or any unclaimed, seized or abandoned personal property in the possession or custody of
the department of public safety which may be legally disposed of by the City. (3510-10/01)
3.02.030 Director--Exemption from centralized purchasing. The Finance Director may
authorize in writing any agency to purchase or contract for specified supplies, services and
equipment independently of the Purchasing Division; but he/she shall require that such purchases
or contracts be made in conformity with the procedures established by this Chapter, and shall
further require periodic reports from the agency on the purchases and contracts made under such
written authorization. (2259-2/78,2464-12/80,3510-10/01,3718-08/05,3751-11/06)
3.02.040 Procedures. Purchase of supplies, services, equipment and the sale of surplus
personal property shall be by procedures provided for in this Chapter. (2259-2/78)
3.02.050 Procurement and disposition responsibilities.
(a) The Director or his/her designee represented of the Department requiring goods and services,
other than professional services, shall: (3510-10/01)
(1) Identify its procurement needs and the availability of funding. (3510-10/01)
(2) Submit to the Purchasing/Central Services Manager specifications for the required goods
and/or services. (3510-10/01,3718 08/05)
(3) Participate in the evaluation of bids and proposals, as required. (3510-10/01)
(4) Inspect goods delivered and services, other than professional services, performed to
determine conformity with the requirements set forth in the bid or proposal documents
and with contractual obligations, authorize payment for conforming goods and/or
services and notify the Purchasing/Central Services Manager of nonconforming goods
and/or services. (3510-10/012,3718 08/05)
(5) In developing plans, drawings, work statements, specifications, or other product
descriptions,the department shall ensure;to the maximum intent economically feasible,
the purchase of environmentally preferable products or services that comply with the
City's Strategic Plan goal and current EPP Best Practices Guide. This includes, but is
not limited to, products that are durable, recyclable, reusable, readily biodegradable,
energy efficient, made of recycled materials, and nontoxic. Furthermore, the department
shall purchase products and services based on long-term environmental and operating
costs, and find ways to include environmental and social cost in short-term prices.
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(b) Finance Director. The Finance Director shall be responsible for the procurement of goods
and/or services for the City in accordance with the provisions of this Chapter. No
procurement of goods and/or services shall be made by any City employee independently of
the Finance Director except in cases of emergency, unless otherwise authorized in writing by
the City Administrator. The Finance Director shall: (3510-10/01,3718 08/05,3751-11/06)
(1) Prepare and recommend to the City Administrator operational procedures and forms for
the procurement of goods and/or services in cooperation with the Department Directors.
(3510-10/01)
(2) Procure or supervise the procurement of all goods and/or services needed in coordination
with the department. (3510-10/01)
(3) Process the contracts awarded. (3510-10/01)
(4) Whenever possible, establish standardized specifications and consolidation of
requirements for goods and/or services required by two or more departments. (3510-10/01)
(5) Determine the types and amounts of bid security and any performance security acceptable
for City procurements. (3510-10/01)
(6) Be the awarding authority for every procurement of goods and/or services for: (3510-10/01)
(i) which the City has an approved budget and sufficient unencumbered
appropriated funds; and (3510-10/01)
(ii) wherein the cost of which will be fully paid or reimbursed to the City,
regardless of amount. (3510-10/01)
(7) Review the results of all formal competitive bid and proposal solicitations for which the
City Council is the awarding authority. (3510-10/01)
(8) Assure compliance with the current Best Practices Guide to the extent practicable, and
document exceptions to the EPP.
3.02.060 Equipment leases. Upon approval of the City Attorney, the Finance Director may
enter into contracts to lease equipment in the following circumstances: (2259-2/78,2464-12/80,3322-
3/96,3510-10/01,3718-0805, 3751-11/06)
(a) Budgeted leases. There exists an unencumbered appropriation in the fund account for the
amount of the lease payments for the current fiscal year. (3322-3/96)
(b) The annual budget for the fiscal year in which the lease is or was entered into provides that:
(3322-3/96)
(i) The equipment may be leased; (3322-3/96)
(ii) The useful life of the equipment; (3322-3/96)
(iii) The lease term; (3322-3/96)
(iv)The annual lease payment; and (3322-3/96)
(v) The interest rate." (3322-3/96)
3.02.070 Methods of procurement.
(a) Small Procurements. Procurements anticipated to cost $30,000 or less in one transaction
shall be made using simplified and cost effective operational procedures and forms without
use of formal or informal bids. Requirements shall not be artificially divided so as to
constitute a small purchase under this subsection. (3510-10/01)
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(b) Formal Competitive Bids. Procurements anticipated to cost more than $30,000 in one
transaction shall be made by issuance of written invitations for bids. Bid documents include,
(c) at a minimum; instructions to bidders; specifications describing the required goods and/or
services; bid forms and schedules; any required bond forms and proposed contract terms and
conditions. The circumstances may require that a contract award be based on factors in
addition to price. (3510-10/01)
(d) Competitive Negotiation. The Purchasing/Central Services Manager may establish, and the
bid or proposal documents shall clearly define in a competitive negotiation procurement a
two-tiered process in which bids or proposals, as first received, constitute preliminary offers
only. Subject to the Purchasing/Central Services Manager's judgment, the
Purchasing/Central Services Manager shall have the authority to enter into negotiations with
those persons reasonably likely of being considered for selection for contract award.
Following such negotiations, best and final bids or proposals will be accepted by the
Purchasing/Central Services Manager. Bidders or proposers shall be accorded fair and equal
treatment with respect to any opportunity for discussion and revision of bids or proposals.
During negotiation,there shall be no disclosure beyond the City staff evaluating the matter of
any information derived form bids or proposals submitted by competing bidder or proposers.
The contract award shall be made to the bidder or proposer whose bid or proposal offers the
best value to the City, taking into consideration price and the evaluation criteria set forth in
the bid or proposal documents. (3510-10/01,3718-08/05)
3.02.080 Competitive bidding requirement; exemptions.
(a) Contracts for goods and/or services for which the cost to the City in one transaction will
exceed $30,000 shall be let by formal competitive bidding or proposals pursuant to this
Chapter. Procurement requirements shall not be artificially divided so as to avoid the
competitive bidding requirement. (3510-10/01)
(b) The following are exemptions to the competitive bidding requirements: (3510-10/01)
(1) Professional or specialized services, as defined by this Chapter; (3510-10/01)
(2) Emergency procurements, as defined by this Chapter; (3510-10/01)
(3) Situations where solicitations of bids or proposals would for any reason be
impractical, unavailing or impossible; (3510-10/01)
(4) Sole source goods or services; (3510-10/01)
(5) Insurance and bonds; (3510-10/01)
(6) Public library collection materials or services for the provision of public library
collection materials or other books or periodicals; (3510-10/01)
(7) Procurements funded by grants, donations or gifts when the special conditions
attached to the grants, donations or gifts require the procurement of particular
goods and/or services; (3510-10/01)
(8) Goods and/or services obtained from or through agreement with any
governmental, public or quasi-public entity; (3510-10/01)
(9) Works of art, entertainment or performance; (3510-10/01)
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(10) Surplus personal property owned by another governmental, public or quasi-
public entity; (3510-10/01)
(11) Membership dues, conventions, training, and travel arrangements; (3510-10/01)
(12) Advertisements in magazines, newspapers, or other media; (3510-10/01)
(13) Goods procured from resale to the public; or (3510-10/01)
(14) Where Competitive bids or proposals have been solicited and no bid or proposal
has been received. In such a situation the Purchasing/Central Services Manager
may proceed to have the services performed or the goods procured without
further competitive bidding; (3510-10/01,3718-08/05)
(c) The Purchasing/Central Services Manager shall conduct negotiations, as appropriate, as to
price, delivery and terms and may require the submission of cost or pricing data in connection
with the award of a contract which does not require competitive bidding. (3510-10/01,3718-08/05)
(d) Nothing in this section shall preclude the solicitation of competitive bids or proposals, when
possible. (3510-10/01)
3.02.090 Pre-bid conferences or site inspections. When deemed necessary the
Purchasing/Central Services Manager is authorized to require bidders or proposers to attend pre-
bid conferences or site inspections prior to the time and date set for receipt of bids or proposals
and to consider bidders or proposers not in attendance as non-responsive. (3510-10/01,3718-08/05)
3.02.100 Advertisement of bidding opportunities.
(a) A notice inviting sealed formal competitive bids or proposals shall be advertised using one or
more methods designed to provide reasonable public notice in a manner which will permit
current information to be disseminated widely. (3510-10/01)
(b) The notice shall specify the time on or before which bids or proposals will be received; where
and with whom bids or proposals shall be filed; the date, time and place where and when bids
or proposals will be publicly opened and the bids of each bidder declared. (3510-10101)
(c) At the bidder's request, and where City deems feasible,bid documents may be transmitted to
the bidder electronically. (3510-10/01)
3.02.110 Correction or withdrawal of bids.
(a) Before Date and Time for Receipt of Bids. Bids or proposals which contain mistakes
discovered by a bidder before the date and time for receipt of bids may be modified or
withdrawn by written notice to the Purchasing/Central Services Manager received prior to the
deadline. (3510-10/01,3718-08/05)
(b) After Date and Time for Receipt of Bids. A bidder may not change its bid or proposal after
the date and time set for receipt of bids. (3510-10/01)
(c) Withdrawal of Bid. A bidder alleging a mistake in a bid or proposal may be permitted to
withdraw its bid or proposal provided that it establishes the following to the satisfaction of
the awarding authority: (3510-10/01)
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(1) A mistake was made; (351 o-1 om)
(2) The bidder gave written notice of the mistake, and the manner in which it
occurred, to the Purchasing/Central Services Manager within five calendar days
following the deadline for receipt of bids; (3510-10/01,3718-08/05)
(3) The mistake made the price materially different than the bidder intended it to be;
(3510-10/01)
(4) The mistake was made in filling out the bid and not due to error in judgment or to
carelessness in inspecting the site of the work or in reading the bid documents;
(3510-10/01)
(5) If the awarding authority deems it to be in the best interest of the City, it may allow the
lowest bidder to withdraw its bid and award a contract to the next lowest bidder. In the
event that bid security was required and provided by the lowest bidder,the amount of the
lowest bidder's bid security shall be applied to the difference between the lowest bid and
the next lowest bid and the surplus, if any, shall be returned to the lowest bidder or the
bidder's surety, as applicable. (3510-10/01)
3.02.120 Receipt of bids or proposals.
(a) Formal Competitive Bids and Proposals. Sealed bids and proposals submitted in response to formal
competitive bid or proposal solicitations shall be received by the Purchasing/Central Services
Manager at a time, date and place designated in the bid or proposal documents. Said bids and
proposals shall be identified as such on the outside cover. (3510-10101,3718-08/05)
(b) Public Opening. Formal competitive bids or proposals, timely received, will be publicly opened by
the Purchasing/Central Services Manager in the presence of one or more witnesses at the location
designated in the bid notice. If members of the public are present, the names of those submitting
bids and the aggregate bid pricing shall be read aloud at or shortly following the deadline for receipt
of formal competitive bids except those involving competitive negotiation. (3510-10/01,3718-08/05)
(c) Late Receipt. Formal competitive bids or proposals received after the deadline for receipt of bids
shall not be accepted and shall be returned to the bidder unopened unless necessary for identification
purposes. The Purchasing/Central Services Manager shall submit written notification to the bidder
stating what the deadline was, when the bid or proposal was actually received, and that it is being
returned because it was received too late. (3510-10/01,3718-08/05)
(d) No Receipt. If no bids or proposals are received in response to a competitive solicitation for goods
and/or services, or if none of the bids or proposals meet the requirements as specified in the
solicitation document,the Purchasing/Central Services Manager may reissue the solicitation or the
awarding authority may authorize the procurement of the required goods and/or services without
further complying with competitive bidding requirements, or the City may cease the procurement.
An authorization to procure without bidding shall be documented and become part of the
procurement records available for public inspection. (3510-10/01,3718-08/05)
3.02.130 Evaluation of bids or proposals.
(a) One Bid Received. In the event that a single bid or proposal is received, the Purchasing/Central
Services Manager shall have the authority to require the bidder or proposer to submit cost or pricing
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data to assist in determining if the price is reasonable. If the awarding authority determines that a bid
price for goods and/or services is not reasonable, it may either reject the bid or it may authorize the
Purchasing/Central Services Manager to attempt to negotiate a reasonable price with the bidder or
proposer, subject to the awarding authority's acceptance. Negotiation shall be completed within a
reasonable time, as specified by the awarding authority. Should such negotiation fail, the bid may be
rejected. (3510-10/01,3718-08/05)
(b) Tie Bids. In the event that an identical price is received from two or more responsive and
responsible bidders, and in the judgment of the awarding authority the public interest will not be
served by re-advertising for bids,the awarding authority may authorize the Purchasing/Central
Services Manager to negotiate for the best possible price. If one of the bidders is a local business
then the tie bid will be awarded to the local bidder without the negotiations. (3510-10/01,3718-08/05)
(c) Irregularities. In considering bids or proposals for any goods and/or services contract,the awarding
authority may waive, if it wishes to do so, minor defects or irregularities in the bids or proposals,
provided that the discrepancy does not affect the bid or proposal amount or give the bidder or
proposer an advantage over others. (3510-10/01)
3.02.140 Preparation of bid or proposal documents. Any person, with whom the City has
contracted to prepare, or assist in the preparation of,bid or proposal documents, is ineligible to
submit a bid or proposal for the provision of the goods or the performance of the services so
specified. (3510-10/01)
3.02.150 Cancellation of solicitations, Reiection of bids.
(a) Cancellation of Solicitations. The Purchasing/Central Services Manager may cancel
competitive bid or proposal solicitations before the date and time set for receipt of bids or
proposals upon a written determination that such action is in the City's best interest for
reasons including, but not limited to any of the following: (3510-10/01,3718-08/05)
(1) The City no longer requires the goods and/or services, as determined by the City;
(3510-10/01)
(2) The City no longer can reasonably expect to fund the procurement, as determined by the
Finance Director, City Administrator or City Council; (3510-10/01,3718-08/05)
(3) Proposed amendments to the solicitation would be of such magnitude that a new
solicitation is desirable; (3510-10/01,3751-11/06)
(b) Rejection of Bids. The Purchasing/Central Services Manager may reject, in whole or in part,
bids or proposals received in response to informal competitive bid or proposal solicitations,
and may reject, in whole or in part, bids or proposals received in response to formal
competitive bid or proposal solicitations. If all bids are rejected, the City has the discretion to
readvertlse. (3510-10/01,3718-08/05)
(c) Records. The fact that a solicitation was cancelled or bid or proposal rejected shall be made
part of the procurement records. (3510-10/01)
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3.02.160 Procurement records; Public inspection.
(a) Records Maintenance. The Purchasing/Central Services Manager shall maintain records for
each procurement which include, at a minimum, the procurement request from the
Department; the bid or proposal documents for the procurement, if any; any and all bids or
proposals received; the basis on which contract award is made; and a copy of any and all
contracts awarded. Such records shall be maintained for a period of time in compliance with
state law and the City's records retention schedule and shall be available for public inspection
during normal City business hours. (3510-10/01,3718-08/05)
(b) Public Inspection. Informal and formal competitive bids not involving competitive
negotiation shall be available for public inspection following the date and time set for receipt
of bids. Informal and formal competitive proposals and formal competitive bids involving
competitive negotiation shall be available for public inspection following contract award or
rejection. The City will not disclose any pricing agreements it may have during the bidding
process. (3510-10/01)
3.02.170 Bonds and other security; insurance requirements.
(a) When Required. The Purchasing/Central Services Manager shall have the authority to
require bid,performance and payment security or specific types and amounts of insurance
coverage for specific procurements to the extent required by state law or upon a
determination that it is in the best interest of the City to do so. (3510-10/01,3718-08/05)
(b) Bid Security. Bid security, if required, shall be submitted with the bid and shall be a certified
check, cashier's check or surety bond issued by an admitted surety insurer authorized to
conduct business in the state of California. If a bidder fails to submit the required bid
security with the bid, the bid shall be deemed non-responsive. After bids are opened, bid
security is irrevocable for the period specified in the invitation for bids. If the successful
bidder fails to execute the contract within the time specified, the total amount of the bid
security shall be forfeited to the City. The security of an unsuccessful bidder shall be
returned to the bidder no later than sixty calendar days from the date of contract award. (3510-
10/01)
(c) Performance Security. Performance security, if required, shall be in the form of a bond
acceptable to the City and issued by an admitted surety insurer authorized to operate in the
state of California. (3510-10/01)
(d) Form of Bonds. The only bonds acceptable to the City shall be those executed on forms
approved by the City Attorney and included with the bid or proposal documents. (3510-1o/o1)
3.02.180 Local business preference.
(a) Subject to the limitations contained in this section, the Purchasing/Central Services Manager
shall extend a bidding advantage to a local business in the form of a 1%price preference in
the evaluation of bids or proposals for the procurement of goods. (3510-10/01, 3718-08/05)
(b) The following contracts are exempt from the provisions of this section: (3510-10/01)
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(1) Contracts funded in whole or in part from grants, donations or gifts to the City if the
provisions of this section conflict with any special conditions attached to the grants,
donations or gifts, provided the special conditions have been approved and accepted
pursuant to the donations policy of the City. (3510-10/01)
(2) Emergency procurements. (3510-10/01)
(3) Sole source contracts. (3510-10/01)
(c) After a due process hearing, should the City Administrator determine that a price preference
was received under this section through an intentional misstatement, the recipient of any such
price preference shall be subject to a civil penalty of treble the dollar price preference
received or$5,000.00, whichever is greater. (3510-10101)
3.02.190 Exempt and emergency procurements. The following purchases and procurements
are exempted from the requirements of this Chapter:
(a) Public works construction contracts. Those public works construction contracts, and the
separate procurement of materials and supplies therefor, that are governed by other applicable
laws, including but not limited to the City Charter. (3510-10/01)
(b) Emergency purchases and procurements. An emergency shall be deemed to exist if: (3510-
10/01)
(1) There is a great public calamity;
(2) There is immediate need to prepare for national or local defense;
(3) There is a breakdown in machinery or an essential service which requires an immediate
procurement in order to safeguard the public health, safety or welfare;
(4) An essential, departmental operation affecting the public health, safety or welfare would
be greatly hampered if the prescribed procurement procedure would cause an undue delay
in the procurement of the needed service.
In case of an emergency which requires the immediate procurement of a commodity or
service, the City Administrator may authorize the Finance Officer to secure by the open-
market procedure, at the lowest obtainable price, any service or commodity regardless of the
amount of the expenditure. (3510-10/01,3718-08/05)
(c) Interagency purchase agreements. Procurements utilizing agreements maintained by other
public agencies for the provision of services or supplies to such agencies are exempt from the
bidding and/or request for proposal process requirements of this Chapter. (3510-10/01)
(1) Cooperative Procurement. Notwithstanding any other provision of this Chapter, the
Purchasing/Central Services Manager may authorize the City's participation with one or
more other governmental, public or quasi-public agencies in a cooperative agreement for
the procurement of goods and/or services, provided that at least one of the agencies has
solicited bids using methods similar to those set forth in this Chapter. (3510-10/01,3718-08/05)
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(2) Use of Another Entity's Contract. The Purchasing/Central Services Manager may
authorize the procurement of goods and/or services through the use of a contract initiated
by another governmental, public or quasi-public entity, provided that the original parties
to the contract agree, the contract was awarded. The contract is for identical or nearly
identical goods and/or services, and the contract resulted from a competitive bid using
methods similar to those required by this Chapter. (3510-10/01,3718-08/05)
(3) Mutual Aid. The Purchasing/Central Services Manager may sell to, acquire from, or use
goods belonging to another government, public or quasi-public agency independent of the
requirements of this Chapter and under the terms agreed upon between the parties,
provided that such activity does not adversely affect City services and is approved in
advance in writing by the City Administrator. (3510-10/01,3718-08/05)
(d) Sole-source procurements. In those cases where the procurement of any product or supply
is obtainable only from a single or sole source, based upon the good faith review of available
products and services by the Finance Director, the Finance Director, and with the assistance
of the City Attorney, shall negotiate with the purveyor of such equipment,product, supply or
service,to the end that the City receives the desired product, equipment, service or supply on
fair and equitable terms. Examples of acceptable sole source purchases are equipment for
which there is no comparable competitive product, a component or replacement part for
which there is no commercially available substitute and which can be obtained only from the
manufacturer, and an item where compatibility with items in use by the City is the overriding
consideration. Purchases from regulated public utilities may be made pursuant to applicable
tariff without regard to this section. (3510-10/01,3718-08/05,3751-11/06)
3.02.195 Right to inspect plant and audit records.
(a) Right to Inspect Plant. The City may, at reasonable times, inspect the part of the plant, place
of business or work site of a vendor/contractor or subcontractor at any tier which is pertinent
to the performance of any contract awarded or to be awarded by the City. (3510-10/01)
(b) Right to Audit Records. The City shall be entitled to audit the books and records of a
vendor/contractor or subcontractor at any tier to the extent that such books, documents,
papers, and records are pertinent to the performance of such contract or subcontract.
(3510-10/01)
3.02.200 Disqualification of vendors. The Finance Director may, for good cause appearing:
(3510-10101,3718-08/05,3751-11/06)
(a) decline to accept offers, bids or quotations from prospective vendors; and/or(3510-10/01)
(b) deem a prospective bidder/vendor as non-responsive or non-responsible. (3510-10/01)
A bidder/vendor whose offer, bid or quotation has been declined or has been deemed non-
responsive or non-responsible shall have the right to appeal such decision of the Finance Director
to the City Administrator within a reasonable time after demand made in writing to the Finance
Director to accept the proffered bid, offer or quotation.
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(2259-2/78,2464-12/80,3510-10/01,3718-08/05,3751-11/06)
3.02.210 Disposition of surplus personal property.
(a) Authority. The Purchasing/Central Services Manager is authorized to sell or dispose of
surplus personal property having a salvage value in the open market, by public auction, by
competitive sealed bids or by exchange or trade-in for new goods. The sale or lease of
surplus personal property to a governmental, public or quasi-public agency may be without
advertisement for or receipt of bids. (3510-10/01,3718-08/05)
(b) Property with No Salvage Value. Surplus personal property with no salvage value, as
determined by the Purchasing/Central Services Manager, shall be disposed of in a manner
that salvages recyclable components, if practical. (3510-10/01,3718-08/05)
(c) Unclaimed, Seized or Abandoned Property. The Purchasing/Central Services Manager is
authorized to sell or dispose of all goods in the possession or custody of the police
department which are unclaimed, seized and/or abandoned and may be legally disposed of by
the City. (3510-10/01,3718-08/05)
(d) Records. The Purchasing/Central Services Manager shall provide reports to the City
Administrator which indicate surplus personal property disposed of, the method of disposal,
and the amounts recovered from its disposal and shall maintain records for public inspection
relative to the disposal of surplus personal property for a period of time in compliance with
state law and the City's records retention schedule. (3510-10/01,3718-08/05)
(e) Donations. Upon approval in advance in writing of the City Administrator, surplus personal
property may be donated to governmental,public or quasi-public agencies, charitable or non-
profit organizations. (3510-10/01)
(f) Proceeds of Sale. Proceeds from the sale of surplus personal property shall be deposited into
the appropriate City fund. (3510-10/01)
3.02.220 Ethics.
(a) Statement of Policy. City employees shall discharge their duties impartially so as to assure
fair competitive access to City procurement opportunities by responsible contractors.
Moreover, they shall conduct themselves in such a manner as to foster public confidence in
the integrity of City procurement activities. (3510-10/01)
(b) Conflict of Interest. No City employee shall participate directly or indirectly in a City
procurement when the employee knows that: (3510-10/01)
(1) The employee or any member of the employee's immediate family has a financial interest
pertaining to the procurement; or(3510-10/01)
(2) The employee or any member of the employee's immediate family is negotiating or has an
employment arrangement which is contingent upon or will be affected by the
procurement. (3510-10/01)
Huntington Beach Municipal Code Chapter 3.02 Page 13 of 14
10-2449/44631
KEY
INSERTIONS: Double underline
DELETIONS s �
LEGISLATIVE DRAFT
(c) Withdrawal from Participation. Upon discovery of an actual or potential conflict of interest,
an employee shall promptly withdraw from further participation in the procurement. (3510-
10/01)
(d) Gratuities. No person shall offer, give or agree to give any City employee any gratuity or
offer of employment in connection with a procurement by the City. No City employee shall
solicit, demand, accept or agree to accept from any other person a gratuity or an offer of
employment in connection with a procurement by the City. (3510-10/01)
Huntington Beach Municipal Code Chapter 3.02 Page 14 of 14
10-2449/44631
ATTACHMENT #2
Environmentally Preferred Purchasing (EPP) Policy
Best Practices Guide
January 2010
1.0 DEFINITIONS (Glossary and web links as appendix)
1.1 "American Society for Testing and Materials" means ASTM International, an
open forum for the development of high quality, market relevant international
standards use around the globe.
1.2 "Bio-Based Products" means commercial or industrial products derived from
annually renewable resources, including fiber crops, chemical extracts from
oilseeds, nuts, fruits and vegetables, agricultural residues, such as wheat straw;
but does not include products made from forestry materials.
1.3 "Biodegradable plastic" means the degradation of the plastic must occur as a
result of the action of naturally occurring microorganisms.
1 .4 "Buyer" means anyone authorized to specify, requisition, purchase, or
contract for purchases on behalf of the City or its subdivisions.
1.5 "The Carpet and Rug Institute" (CRI) is the national trade association
representing the carpet and rug industry. CRI has developed and administered
the "Seal of Approval" "Green Label" indoor air quality testing and labeling
program for carpet, adhesives, and cushion materials. 1.6 "Chlorine free" means
products processed without chlorine or chlorine derivatives.
1.6 "Compostable plastic" means plastic that is biodegradable during composting
to yield carbon dioxide, water and inorganic compounds and biomass, at a rate
consistent with other known compostable materials and leaves no visually
distinguishable or toxic residues.
1.7 "Contractor" means any person, group of persons, business, consultant,
designing architect, association, partnership, corporation, supplier, vendor or
other entity that has a contract with The City or serves in a subcontracting
capacity with an entity having a contract with The City for the provision of goods
or services.
1 .8 "Degradable plastic" means plastic that undergoes significant changes in its
chemical structure under specific environmental conditions.
1.9 "Dioxins and furans" are a group of chemical compounds that are classified
as persistent, bioaccumulative, and toxic by the US Environmental Protection
Agency (EPA).
1
1.10 "Energy Efficient Product" means a product that is in the upper 25% of
energy efficiency for all similar products, or that is at least 10% more efficient
than the minimum level that meets Federal standards as stated by the Federal
Energy Management Program (FEMP) and the EPA's energy star rating system.
1.11 "Energy Efficiency Ratio (EER)" is a measure of how efficiently a cooling
system will operate when the outdoor temperature is at a specific level (usually
95❑ F).
1.12 "Electronic Product Environmental Assessment Tool" (EPEAT) is a
procurement tool to help institutional purchasers in the public and private sectors
evaluate, compare and select desktop computers, notebooks and monitors
based on their impact on the environment .
1.13 "Federal Energy Management Program" is a program of the Department of
Energy that issues a series of Product Energy Efficiency Recommendations that
identify recommended efficiency levels for energy-using products.
1.14 "Green Building Practices" means a whole-systems approach to the design,
construction, and operation of buildings and structures that helps mitigate the
environmental, economic, and social impacts of construction, demolition,
renovation, and operation. The Green Building Practices described in the
Leadership in Energy & Environmental Design (LEEDT"') Rating System
recognize the relationship between natural and built environments and seeks to
minimize the use of energy, water, and other natural resources and provide a
healthy, productive environment.
1.15 "Green Seal" is an independent, non-profit environmental labeling
organization. Green Seal standards for products and services meet the US
EPA's criteria for third-party certifiers.
1.16 "LEEDO Rating System" is a voluntary, consensus-based national rating
system approved and maintained by the US Green Building Council for
developing high-performance, sustainable buildings. LEEDO (Leadership in
Energy and Environmental Design) addresses all building types and emphasizes
state-of-the-art strategies in five areas: sustainable site development, water
savings, energy efficiency, materials and resources selection, and indoor
environmental quality. Although not regulatory, the LEED system provide the
most comprehensive guidelines for compliant designs.
1.17 "Life Cycle Assessment" (LCA) is the investigation and valuation of the
environmental impacts of a given product or service caused or necessitated by
its existence.
1.18 "Life Cycle Cost Assessment" (LCCA) is a method for assessing the total
cost of ownership. It takes into account all costs of acquiring, owning, and
recycling or disposing of a product or system.
1.19 "Postconsumer Material" means a finished material which would normally
be disposed of as a solid waste, having reached its intended end-use and
. 2
completed its life cycle as a consumer item, and does not include manufacturing
or converting wastes.
1.20 "Practical' and "Practicable" mean whenever possible and compatible with
local, state and federal law, without reducing safety, quality, or effectiveness and
where the product or service is available at a reasonable cost in a reasonable
period of time.
1.21 "Pre-consumer Material" means material or by-products generated after
manufacture of a product is completed but before the product reaches the end-
use consumer.
1.22 "Recovered Material" means fragments of products or finished products of a
manufacturing process, which has converted a resource into a commodity of real
economic value, and includes pre-consumer and postconsumer material but
does not include excess resources of the manufacturing process.
1.23 "Recycled Content" means the portion of a product that is made from
materials directed from the waste stream, including pre-consumer and
postconsumer materials, usually stated as a percentage by weight.
1.24 "Recycled Content Standard" means the minimum level of recovered
material and/or post-consumer material necessary for products to qualify as
"recycled products."
1.25 "Recycled Product" means a product that contains the highest amount of
post-consumer material practicable, or when post-consumer material is
impracticable.for a specific type of product, contains substantial amounts of pre-
consumer material.
1.26 "Remanufactured Product" means any product diverted from the supply of
discarded materials by refurbishing and marketing said product without
substantial change to its original form.
1.27 "Reused Product" means any product designed to be used many times for
the same or other purposes without additional processing except for specific
requirements such as cleaning, painting or minor repairs.
1.28 "SmartWay Transport" refers to the voluntary partnership between various
freight industry sectors and US EPA that establishes incentives for fuel efficiency
improvements and greenhouse gas emissions reductions.
1.28 "Source Reduction" refers to products that result in a net reduction in the
generation of waste compared to their previous or alternate version and includes
durable, reusable and remanufactured products; products with no, or reduced,
toxic constituents; and products marketed with no, or reduced, packaging.
1.30 "US EPA Guidelines" means the Comprehensive Procurement Guidelines
established the EPA for federal agency purchases.
1 .31 "US Green Building Council" (USGBC) is a 501(c)(3) non profit organization
that certifies sustainable businesses, homes, hospitals, schools, and
3
neighborhoods. USGBC is dedicated to expanding green building practices and
education, and its LEED® Green Building Rating System.
1.32 "Water-Saving Products" are those that are in the upper 25% of water
conservation for all similar products, or at least 10% more water-conserving than
the minimum level that meets the Federal standards.
1.33 "www.fueleconomy.gov" is the website maintained jointly by the US
Department of Energy's Office of Energy Efficiency and Renewable Energy and
the US EPA which provides fuel economy estimates, energy and environmental
impact ratings, fuel-saving tips, and other useful information as mandated by the
Energy Policy Act (EPAct) of 1992.
2.0 PRIORITIES
2.1 The City is working to develop successful recycling programs. It is known
that recycled content products are essential to the continuing viability of such
programs and a foundation of an environmentally sound production system.
Therefore, to the greatest extent practicable, recycled content shall be included
in the bid process for products (meet other specifications) such as chlorine free
or bio-based.
2.2 Nothing contained in this policy requires the City to procure products that do
not perform adequately for their intended use, exclude adequate competition, or
are not available at a reasonable price in a reasonable period of time, because
the product contains recycled materials.
2.3 Nothing contained in this policy shall be construed as requiring the City,
department, purchaser or contractor to take any action that conflicts with local,
state or federal requirements.
2.4 This policy provides benchmarks to departments modify existing the business
process, to incorporate new purchasing models that provide the greatest fiscal
and environmental benefit. However, when process redesign has already
optimized the business function, staff should purchase the best value product or
service with the least environmental impact.
3.0 SPECIFICATIONS
3.1 Source Reduction
3.1.1 The City will institute practices that reduce waste and result in the purchase
of fewer products whenever practicable and cost-effective, but without reducing
safety, program effectiveness, or workplace quality.
3.1.2 The City will purchase remanufactured products such as toner cartridges,
tires, furniture, equipment and automotive parts whenever practicable, but
without reducing safety, quality or effectiveness.
4
3.1.3 The City will require all equipment bought after the adoption of this policy to
be compatible with source reduction goals as referred to in this section (3.1),
when practicable.
3.1.4 All city employees shall consider short-term and long-term costs in
comparing product alternatives, when feasible. This includes evaluation of total
costs expected during the time a product is owned, including, but not limited to,
acquisition, extended warranties, operation, supplies, maintenance, disposal
costs and expected lifetime compared to other alternatives.
3.1.5 When purchasing goods, products that are durable, long lasting,
maintainable, reusable or refillable will be given preferred status in the bid
process.
3.1.6 During the purchasing process the City requests vendors to eliminate
packaging or use the minimum amount necessary for product protection, to the
greatest extent practicable.
3.1.7 Packaging that is reusable, recyclable or compostable is preferred, when
suitable uses and programs exist.
3.1.8 Vendors shall be encouraged to take back and reuse pallets, cardboard,
and other shipping and packaging materials, and to use the least amount of such
materials whenever practical.
3.1.9 The City shall consider provisions in contracts with suppliers of equipment,
both electronic and non-electronic, including but not limited to computers,
monitors, and copiers; that require suppliers to take back equipment for reuse or
environmentally safe recycling when the City discards or replaces such
equipment, whenever practicable.
3.1.10 Documents shall be printed and copied on both sides to reduce paper
use, whenever practical. All computers and printers shall be set by Information
Services to default to duplex printing and reset to default at the end of everyday,
where practicable.
3.2 Recycled Content Products
3.2.1 The City purchasing process (RFP or otherwise) shall provide preference to
materials that meet cradle to cradle recyclability criteria and the second
preference is for the purchase of down-cycled products.
3.2.2 Products for which the United States Environmental Protection Agency (US
EPA) has established minimum recycled content standard guidelines in the
Agency's Comprehensive Procurement Guidelines, and should contain the
highest post-consumer content practicable, but no less than the minimum
recycled content standards established by the US EPA Guidelines. Efforts
should be made to ensure paper products are from sustainably managed and
certified forests and/or recycled sources.
5
3.2.3 Copiers and printers purchased or leased shall be compatible with the use
of recycled content and remanufactured products.
3.2.4 When specifying asphalt concrete, aggregate base or portland cement
concrete for road construction projects, the City shall use recycled, reusable or
reground materials when practicable, available, and cost effective.
3.3 Energy, Fuel and Water Conservation
3.3.1 Where applicable, equipment shall be purchased with the most up-to-date
energy efficiency functions. This includes, but is not limited to, high efficiency
space heating systems and high efficiency space cooling equipment. All heating,
ventilating and air-conditioning equipment shall at a minimum meet Title 24
standards.
3.3.2 Products purchased by the City and for which the US EPA Energy Star
certification is available will have an Energy Star certification, when practical.
When Energy Star labels are not available, the City shall choose energy-efficient
products that are in the upper 25% of energy efficiency as designated by the
Federal Energy Management Program. All energy consuming products that
utilize a transformer shall utilize advanced transformers that do not consume
power when not charging its respective device and are in the highest tier of
energy efficiency.
3.3.3 Water using products should meet water conserving standards. This
includes, but is not limited to, high-performance fixtures like toilets, low-flow
faucets and aerators, and programmable irrigation systems.
3.3.4 The City-shall purchase the most fuel efficient vehicle available in the
specified class according to the US EPA and when replacing vehicles shall
eliminate less fuel efficient classes and models from the vehicle pool in favor of
more fuel-efficient vehicles and/or alternate fuel vehicles whenever practical and
fiscally responsible.
3.4 Green Building
3.4.1 All building and renovations undertaken by the City-shall follow Green Building
Practices for design, construction, and operation, where appropriate and practical,
such as those described in the USGBC LEEDO Rating System. The city will
endeavor to meet the highest level LEED equivalent performance for new
construction and major renovation possible, considering short and long term costs
and values.
3.5 Landscaping
3.5.1 All landscape renovations, construction and maintenance performed by and
for the City, to the extent practicable, shall employ sustainable landscape
management techniques for design, construction, and maintenance. These
guidelines are incorporated into the landscape construction and maintenance
standards.
6
3.5.2 Plants and trees should be selected to minimize waste by choosing species
that are appropriate to the microclimate, species that can grow to their natural
size in the space allotted them, and perennials rather than annuals for color.
Native and drought-tolerant plants that require minimal watering once established
are preferred.
3.6 Toxics and Pollution
3.6.1 To the extent practicable, the City shall purchase, or require janitorial
contractors to supply, industrial and institutional cleaning products that meet
Green Seal certification standards for environmental preferability and
performance.
3.6.2 To the extent practicable, The City shall purchase, or require janitorial
contractors to supply, vacuum cleaners that meet the requirements of the Carpet
and Rug Institute "Seal of Approval/Green Label" Testing Program for vacuum
cleaners, with a noise rating not to exceed 70 dBA.
3.6.3 The use of chlorofluorocarbon and halon-containing refrigerants, solvents
and other products shall be phased out of City use and new purchases of
heating/ventilating/air conditioning, refrigeration, insulation and fire suppression
systems shall not contain these chemicals. (Isn't this Federal/State law? If so,
no need to include)
3.6.4 The City shall manage pest problems through prevention and physical,
mechanical and biological controls. The City will endeavor to adopt and
implement an organic pest management policy and practices or adopt and
implement an Integrated Pest Management (IPM) policy and practices using the
least toxic pest control as a last resort. (need to consult with Jim Jones and
staff—current pest services are contracted; believe we have an IPM)
3.6.5 When maintaining buildings, the City shall use products with the lowest
amount of volatile organic compounds (VOCs), highest recycled content, end-of-
life recyclability, and low or no formaldehyde when practicable when purchasing
materials such as paint, carpeting, adhesives, furniture and casework.
3.6.6 The City will not purchase products and equipment that contain lead or
mercury whenever possible. When purchasing products that contain lead or
mercury, the City shall give preference to those products with lower quantities of
these metals and to vendors with established lead and mercury recovery
programs.
3.6.7 To the extent practicable when purchasing, the City shall specify that
computer systems meet, at a minimum, all Electronic Product Environmental
Assessment Tool (EPEAT) Bronze environmental criteria. Additional
consideration may be given in bid evaluation for meeting EPEAT Silver and Gold
performance.
3.6.8 The City will evaluate less-polluting alternatives to diesel and gasoline
such as compressed natural gas, bio-based fuels, hybrids electric vehicles, and
7
fuel cells, as available and cost effective. Staff must make findings as to why
traditional gas/diesel vehicles were purchased instead of electric/hybrid or other
non-gas/diesel vehicle. The availability of fuel and vehicles will factor into the
selection. Operating cost effectiveness and return of the premium over the
standard 10 year vehicle life cycle should be included. Allowances may be made
for specialized vehicles and equipment.
3.7 Forest Conservation
3.7.1 To the greatest extent practicable, the City shall not procure wood products
such as lumber and paper that originate from forests harvested in an
environmentally unsustainable manner. When possible, the City shall give
preference to wood products that are certified to be sustainably harvested by a
comprehensive, performance-based certification system.
3.7.2 The City encourages the purchase or use of previously used or salvaged
wood and wood products whenever practicable.
3.8 Bio-Based Products
3.8.1 When purchasing paper, paper products and construction products non-
wood, plant-based contents such as agricultural crops and residues are
preferred.
3.8.2 The City may adopt standards for bio-based plastic products that are
biodegradable and compostable, such as bags, film, food and beverage
containers, and cutlery, upon establishment and verification of locally available
programs ensuring that such products can and will be composted and not
disposed at landfill.
3.9 Clean & Renewable Energy, Climate Protection
3.9.1 The City will utilize energy efficiency and recovery techniques to reduce
primary energy consumed.
3.9.2 The City will strive to reduce greenhouse gases emitted by 20% from the
2006 baseline by 2020. Huntington Beach will strive to meet this challenge
through lower carbon fuels, energy efficiency, the use of renewable energy and
collaborating with California's Air Resources Board in striving to reduce vehicle
miles travelled and greenhouse gas intensity of vehicle miles travelled in
accordance with current state and federal regulations.
4.0 IMPLEMENTATION
4.1 The City Administrator shall implement this policy in coordination with
designated Department Heads and personnel as assigned.
4.2 The City Administrator shall establish an Environmentally Preferable Purchasing
(EPP) Committee, an ad-hoc committee of employees to assist in determining the
parameters of the recycled products and materials for the City. The Committee will
8
assist the City Administrator, the Finance Department, and other departments and
divisions in their efforts to implement this policy.
4.3 As applicable, successful bidders shall certify in writing that the
environmental attributes claimed in competitive bids are accurate. In compliance
with State law, vendors shall be required to specify the minimum or actual
percentage of recovered and postconsumer material in their products, even when
such percentages are zero.
4.4 Upon request, buyers making the selection from competitive bids shall be
able to provide justification for product choices that do not meet the
environmentally preferable purchasing criteria in this policy.
4.5 Vendors, contractors and grantees shall be encouraged to comply with
applicable sections of this policy for products and services provided to the City,
where practicable.
5.0 PROGRAM EVALUATION
5.1 The City Administrator or designated Department Head shall periodically
evaluate the success of this policy's implementation.
5.2 The City Administrator shall periodically amend, add, or delete sections of
this policy as necessary to ensure that best practices are continual and up to
date with rapidly developing environmentally preferable standards, products, and
technologies.
9
ATTACHMENT #3
TO: City Council, Staff
FROM: HB Environmental Board
SUBJECT: City Policy on Environmentally Preferable Procurement(EPP)
DATE: January 8, 2010
Prior City Council actions in 2009 approved the Ad Hoc Green Committee's Environmentally
Preferable Procurement in principle concept(Jan, '09) and authorized the Committee to proceed
with drafting Administrative Regulations and implementation of Lowest Life Cycle Cost concepts
(Feb. `09).
As of December 21 st, 2009, that Committee was merged with the Environmental Board, and we
have been studying the Committee's work. At our 2010 January 7th Board meeting, we voted to:
1) Recommend the City Council adopt the attached EPP Changes to the Municipal Code and
Administrative Regulations, and;
2)Recommend the City Council direct the HB Environmental Board to work with Staff to develop
the required EPP Best Practices Guide document and the means to achieve full acceptance and to
keep the process current.
If you have questions,please contact me.
Bob Smith, Ph.D. Bob Smith, Ph.D. Chair, Environmental
Board Attachments: Suggested Municipal Code changes
a. Suggested Administrative Regulation
b. EPP EB Presentation Jan 07 09 Letter.ppt
H:\2010—Plans\I—EB\10-01—Jan
c. EPP Draft policy final 9-09 (Starting point for Green Energy Committee's Best Practice
Guide
ATTAC H M E N T #4
ADMINISTRATIVE REGULATION
r Office of the City Administrator
Number 229
Sections 1-6
Effective Date
Responsible Department Finance
Review Date 1/11
SUBJECT: Environmentally Preferred Purchasing Policy
1. Purpose The Environmentally Preferred Purchasing (EPP) Policy is intended to assist in
the procurement of services, goods and materials that have the lowest life cycle cost. This
regulation provides the basis for securing environmentally friendly and sustainable
purchasing practices through the EPP Best Practices Guide.
2. Authority. Section 401 of the City Charter
3. Application. This regulation shall apply to all city departments.
4. Policy. This policy provides a resource to establish comprehensive guidelines for source
reduction; recycled content; conservation of energy and natural resources; reduction of
toxics and pollution in specifications and the purchase of items such as supplies,
equipment, vehicles, and services. Details information and conditions are included in the
most current version of the EPP Best Practices Guide.
5. Responsibilities
5.1 Finance Department Purchasing Section
5.1.1 Has the responsibility and authority to purchase materials, equipment and
services required by the City of Huntington Beach in compliance with
Huntington Beach Municipal Code Chapter 3.02 Purchasing Division.
5.1.2 Will assist the department in securing the lowest life cycle cost goods and
services, at the best short and long term value.
5.1.3 Will maintain resources of product and services specifications and vendors
that meet the provisions of this policy.
5.1.4 Will provide regular reports on the city's progress toward lowest life cycle
cost purchases.
5.2 Originating Department
5.2.1 Responsible for preparation of the order requisitions including all necessary
specifications for the purchase.
Page 2
5.2.2 Will accept lowest life cycle cost equivalents of requested goods and
services, unless compatibility, operations or maintenance require specific
products.
5.2.3 Will be familiar with the EPP Best Practices Guide and endeavor to reduce
the use of unsustainable or environmentally unsound products and services.
6. Procedures
6.1 Successful bidders shall certify in writing that the environmental attributes
claimed in competitive bids are accurate. In compliance with State law,
vendors shall be required to specify the minimum or actual percentage of
recovered and postconsumer material in their products, even when such
percentages are zero.
6.2 Upon request, buyers making the selection from competitive bids shall be
able to provide justification for product choices that do not meet the
environmentally preferable purchasing criteria in this policy.
6.3 Vendors, contractors and grantees shall be encouraged to comply with
applicable sections of this policy for products and services provided to the
City, where practicable.
Fred#4 o City Administrator
229
ATTACHMENT #5
ORDINANCE NO. 3878
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 3.03 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO PROFESSIONAL SERVICES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 3.03.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.03.040 Selection guidelines. In all cases, the final selection of a consultant shall include
consideration of the following factors:
(a) Actual capability to complete the project in conformance with the specifications,
conditions and other requirements of the City of Huntington Beach;
(b) Demonstrated ability to prepare professional, accurate and timely-finished products
irrespective of unusual or difficult circumstances.
(c) A reasonable contract price in relation to the size, quality and time restraints of the proposed
project with due consideration of competitive proposals.
(d) Consultant status will be verified through State and.Federal registries to identify debarment,
suspension, ineligibility or voluntary exclusion actions.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of April , 2010.
A)
ay r
ATTEST: APPROVED AS TO FORM:
n
City Clerk lj Cit Attorney 'D\<0 340
REVIE D APPROVED: INITIATED AND APPROVED:
Cif
i A#ainistrator Director of P blic Works
10-2449/44613
Ord. No. 3878
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on April 5,2010, and was again read to said City Council at a
regular meeting thereof held on April 19,2010, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
1,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on April 29,2010.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk gy Clerk and ex-offici Jerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
KEY
INSERTIONS: Double underline
DELETIONS
ORDINANCE NO. 3878
LEGISLATIVE DRAFT
CHAPTER 3.03
PROFESSIONAL SERVICES
(2047-5/76,2464-12/80,2590-1/83,2945-7/88,3097-4/91,3375-11/97,3511-10/01,3604-06/03,3734-05/06,3853-2/10)
Sections:
3.03.010 (Repealed, 3511-10/01)
3.03.020 Definitions
3.03.030 (Repealed, 2590-1/83)
3.03.040 Selection guidelines
3.03.050 (Repealed, 2590-1/83)
3.03.060 Procedure
3.03.070 (Repealed, 2590-1/83)
3.03.080 Exempt and emergency procedures
3.03.090 (Repealed, 3511-10/01)
3.03.100 Authorization by Department Directors
3.03.110 (Repealed, 3511-10/01)
3.03.120 Existing agreements
3.03.020 Definitions.
(a) "Consultant" means any provider of services under this Chapter as an individual,
partnership, corporation or otherwise. (2047-5/76,2590-1/83)
(b) 'Director" means the Department Head or his/her designee as approved by City
Council resolution, vested with the authority to administer the provisions of this
Chapter with respect to contracting for services. (2047-5/76,2590-1/83, 3511-10/01, 3604-
6/03)
(c) 'Professional Services" means those services, which involve the exercise of professional
discretion and independent judgment based on an advanced or specialized knowledge,
expertise or training gained by formal studies or experience or services which are not readily
or efficiently procured by competitive bidding pursuant to Huntington Beach Municipal
Code Section 3.02. Such services shall include but not be limited to those services provided
by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and
other specialized consultants. (2047-5/76,2590-1/83, 3375-11/97, 3511-10/01)
3.03.040 Selection guidelines. In all cases, the final selection of a consultant shall include
consideration of the following factors:
(a) Actual capability to complete the project in conformance with the specifications,
conditions and other requirements of the City of Huntington Beach;
(b) Demonstrated ability to prepare professional, accurate and timely-finished products
irrespective of unusual or difficult circumstances.
(c) A reasonable contract price in relation to the size, quality and time restraints of the proposed
project with due consideration of competitive proposals. (2047-5/76)
Huntington Beach Municipal Code Chapter 3.03 Page 1 of 4
2/18/10
KEY
INSERTIONS: Double underline
DELETIONS Strakethro u,.h
LEGISLATIVE DRAFT
(d) Consultant status will be verified through State and Federal registries to identify debarment,
suspension, ineligibility or voluntary exclusion actions.
3.03.060 Procedure. The procedure for the contracting of services is as follows:
(a) The Director of the department primarily responsible for the particular project shall prepare a
written statement defining the necessity and scope of the project, and submit it to the Director
of Finance. Upon approval by the City Administrator and the Director of Finance, the
Director shall prepare a written statement of the specifications, conditions and other
requirements for the requested services and provide a copy to consultants who may wish to
perform the service. (3734-05/06,3853-2/10)
(b) Except as identified in Section 3.03.080, the Director, or his/her designee, shall request
written proposals from not less than three (3) available qualified consultants. He shall
thereafter conduct discussions with them regarding the project if such discussions are
indicated by the complexity of the project, and based upon the selection guidelines
established in section 3.03.040 and the criteria established by him/her, select the consultant
from the responsible proposals submitted to him, deemed to be the most highly qualified to
provide the services required. (3734-05/06,3853-2/10)
(c) If the procurement has been budgeted, contractual agreement shall be negotiated with the
consultant subject to final approval as to form by the City Attorney, and as to content by the
City Administrator. (3375-11/97,3511-10/01)
(d) If the procurement has not been budgeted,then the Director shall prepare a request for
appropriation for the City Administrator to submit to the City Council in the usual prescribed
manner.
(e) The City Attorney shall counsel and advise City officials in the implementation of this
Chapter. (2047-5/76, 2590-1/83)
3.03.080 Exempt and emergency procedures. The need for certain budgeted and emergency
and exempted procurements are recognized.
(a) An emergency shall be deemed to exist if:
1. There is a great public calamity; (3511-10/01)
2. There is immediate need to prepare for national or local defense; (3511-10/01)
3. There is a breakdown in machinery or an essential service which requires the immediate
attention of a professional in order to protect the public health, safety or welfare;
(3511-10/01)
4. An essential, departmental operation affecting the public health, safety or welfare would
be greatly hampered if the prescribed procedure would cause an undue delay in the
procurement of the needed services. (2047-5/76, 3511-10/01)
In the case of an emergency which requires the immediate retention of a professional consultant,
the City Administrator may authorize the Department Director to secure by the open-market
Huntington Beach Municipal Code Chapter 3.03 Page 2 of 4
2118/10
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procedure, at the lowest obtainable price consistent with professional standards, any professional
service regardless of the amount of the expenditure. (3511-10/01)
(b) Other interagency Agreements. Procurements utilizing contractual agreements
maintained by other public agencies for the provision of professional services to such
agencies are exempt from the requirements of this Chapter except that the provisions of
Section 3.03.060(c) shall apply in every case and so long as such other agency complied
with its own professional services contract requirements as approved by the Department
Director. (3375-11/97, 3511-10/01)
(c) All contracts for performance of professional services for the City which exceed $30,000
shall be awarded in accordance with the procedures of this code. All contracts for
professional services which do not exceed $30,000, with prior approval of the Director of
Finance or his/her designee, may be let without competitive bidding or negotiation.
(3734-05/06,3853-2/10)
3.03.100 Authorization by Department Directors. The Director of any department for which
such services are required may contract directly for any professional services when procurement
of such services has been budgeted and there are sufficient unencumbered appropriated funds
available, or wherein the cost of which will be fully paid or reimbursed to the City. The annual
budget for the fiscal year in which the agreement is entered into shall provide a general
description of the work to be performed. (2047-5/76, 2945-7/88, 3375-11/97, 3511-10/01)
The complete original of the executed agreement and the names of the consultants who
submitted proposals shall be forwarded to the City Clerk. A complete copy of all approved
insurance certificates and subsequent renewals shall be filed with the Risk Manager. (3511-10/01)
3.03.120 Existing agreements. The terms and conditions of any existing professional services
agreement may be modified so as to increase or decrease the term, compensation, scope of work
or otherwise, by mutual agreement of the City and the consultant selected. However, at no time
shall an agreement be amended to extend an agreement beyond three years from receipt of the
original request for proposals without compliance with the bid procedure established by
Huntington Beach Municipal Code Section 3.03.060. (2390-9/79,3511-10101)
Huntington Beach Municipal Code Chapter 3.03 Page 3 of 4
2/18/10
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Huntington Beach Municipal Code Chapter 3.03 Page 4 of 4
2/18/10
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