HomeMy Public PortalAboutOrd. 1711 ORDINANCE NO. 1711
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING
CHAPTER 6, SUBSECTION 6-3 OF THE LYNWOOD MUNICIPAL CODE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6 Subsection 6-3 of the Lynwood Municipal Code is hereby
amended in its entirety and restated to read as follows:
6-3 PURCHASING
6-3.1 Definitions:
For purposes of this section, the following words shall have the following meanings:
Agency or agencies shall mean the Lynwood redevelopment agency, the Lynwood
Information Inc., the Lynwood public finance authority, the Lynwood utility authority or any
other local body created by ordinance, resolution or formal action of the city council of the
city of Lynwood.
Bidder's list shall mean a list of responsible prospective or current vendors capable of
providing the items being bid upon.
Emergency shall mean a situation in which there is an immediate threat to life or property
or when there is or would be a complete disruption of a vital public service.
Equipment shall mean furnishings, machinery, vehicles, rolling stock, and other personal
property used in the city's business.
Master Services Contract shall mean a master multi- year contract with a general scope
of work for on-call services as approved by City Council. Work pursuant to a Master
Services Contract approved by the City Council may be initiated pursuant to a Task Order
authorized by the City Manager.
Professional/special services shall mean any work performed by an attorney, architect,
engineer, land surveyor, construction manager, appraiser, expert, accounting firm,
consultant or those services such as computer services, security services and other
services which require in addition to the use of special or specific equipment, special
performance criteria, specific experience, training, personal judgment, quality of work or
factors other than simply obtaining the service at the lowest cost to the city.
Professional/special services do not include services rendered by city officers or
employees.
Purchase shall include the renting, leasing, purchasing, licensing, or a trade of equipment
or supplies.
Purchasing officer shall mean the City Manager or his/her designee.
Routine services are services such as janitorial, uniform cleaning, maintenance and other
services which do not require any unique skill, special background, training, and obtaining
such services at the lowest cost is the single most important factor in selection, as
opposed to personal performance.
Supplies shall mean office supplies, janitorial supplies, materials, goods, tools, or other
commodities used in the general conduct of the city's business, excepting supplies or
materials included in a construction contract or bid specification for a public works project.
Task Order shall mean authorization to perform services prescribed under a Master
Services Contract from a consultant on an as needed basis. A task order shall include
the specific scope of work required by the City, the compensation due for that specific
scope of work, and any terms and conditions that may pertain solely to the task.
6-3.2 Centralized Purchasing System:
There is hereby adopted a centralized purchasing system in order to establish efficient
procedures for the procurement of supplies, equipment and routine services for the city
and its agencies; to exercise financial control over purchases; to clearly define authority
for the purchasing function and to conserve public funds through the reduction of costs.
6-3.3 Purchasing Officer Duties:
a. The City Manager is hereby appointed and shall serve as the city purchasing officer.
The City Manager shall have the authority to delegate in whole or in part to qualified city
officers or employees the responsibilities and authority for carrying out all aspects of the
purchasing system, provided that the City Manager maintains oversight and receives
monthly reports regarding the purchasing function from all such designees. The City
Council hereby authorizes the City Manager to establish and maintain written
administrative regulations and standards consistent with this article, which incorporate
and implement the City's purchasing and contracting procedures, including an
implementation of the purpose, goals and requirements of this Code.
b. Subject to the provisions of this section, the duties and responsibilities of the
purchasing officer shall include, but not necessarily be limited to, the following;
1 . To prepare, distribute and maintain administrative regulations and procedures
consistent with the provisions of this code governing the purchase of supplies, equipment
and routine services for the city and its agencies;
2. To prepare, distribute and maintain administrative regulations and procedures
consistent with this code for the sale of surplus property;
3. To purchase or contract for all supplies, equipment and routine services needed by
the city and its agencies in accordance with purchasing rules, regulations and procedures
as provided for in this section and such other rules and regulations as shall be prescribed;
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4. To procure for the city and its agencies the highest quality in supplies, equipment
and routine services at the least expense;
5. To discourage uniform bidding and to endeavor to obtain as full and open competition
as possible on all purchases and sales;
6. To keep informed of current developments in the field of purchasing, prices, market
conditions and new products;
7. To ensure the inspection of all supplies and equipment purchased to guarantee
conformance with specifications and adherence to standards of quality, including, as
required, chemical and physical tests of samples submitted with bids and samples of
deliveries to determine conformance with specifications set forth in the order;
8. To direct the transfer of surplus or unused supplies and equipment between
departments as needed;
9. To sell all supplies, equipment and other property of the city and its agencies which
has been declared surplus or which has become unsuitable for use by the city or its
agencies;
10. To maintain financial and other records as necessary for the efficient operation of
the purchasing system;
11. To prescribe and maintain such forms as are necessary for administration of the
purchasing system.
6-3.4 Appropriated Funds Prerequisite To Contract Or Purchase Order:
Except in cases of emergency, the purchasing officer shall not issue any purchase order
nor award any contract for supplies, equipment, routine services or professional/special
services unless there exists an available, non-committed balance in the account against
which the purchase is to be charged. Subject to budgetary restrictions, the purchasing
officer may transfer funding from other sources to ensure sufficient balances to the extent
that such transfers are normally allowed without city council approval. The purchasing
officer shall obtain city council approval for additional funds for purchases lacking the
available uncommitted funding.
6-3.5 Estimates Of Requirements:
All city departments and agencies must file detailed estimates of their requirements for
supplies, equipment or routine services in such manner, and at such times, and for such
future period(s) as the purchasing officer shall prescribe.
6-3.6 Requisitions And Purchase Orders:
a. Except as permitted under subsection 6-3.7b1 of this section, any city department or
agency requesting supplies, equipment or routine services shall submit to the purchasing
officer a requisition on the purchasing officer's approved form prior to initiating any
procurement.
b. Except as permitted under subsection 6-3.7b1 of this section, purchases of supplies,
equipment and routine services shall be made only by purchase orders issued by the
purchasing officer and any other contractual document he or she determines is
necessary. To the extent possible, purchase orders must be entered into for the entire
fiscal year's worth of purchases, or for the entire length of the approved contract.
6-3.7 Bidding Procedures And Purchasing Authority Limits:
a. There are three (3) levels of authority for purchases which are determined by dollar
amount: department director purchase, open market purchase and formal bid purchase.
Except as specifically permitted otherwise by the provisions of this section, a formal
purchase order, approved by the requesting department director and the purchasing
officer or his/her designee is required for all purchases where any single item/purchase
exceeds five thousand dollars ($5,000.00), in advance of the procurement.
b. When making purchases for supplies, equipment or routine services, the following
procedures shall be followed:
1. Department Director Purchase:
(a) Any department director or the City Manager may authorize the purchase of
supplies, equipment or routine services as needed for his or her area of responsibility for
purchases up to five thousand dollars ($5,000.00).
(b) No purchase requisition, purchase order or bidding procedures shall be required,
provided the department director keeps a record of such purchases and exercises
reasonable prudence in seeking price quotes and purchasing such items. All such
purchases shall be made with the existing budget, using the available and uncommitted
balances.
(c) Purchase orders may be issued regardless of amount when required by the vendor,
or when the complexity of the transaction demands a formal document for clarity.
2. Open Market Purchase:
(a) Purchases of supplies, equipment and routine services where the dollar amount
involved is twenty-five thousand dollars ($25,000.00) or less shall be made by the
purchasing officer. If in the purchasing officer's reasonable discretion the amount, urgent
need and/or timing of the purchase so warrants, the purchase may be made in the open
market without observing the formal competitive bidding procedures prescribed in
subsection 6-3.7b3 of this section.
(1) Open market purchases shall, whenever possible, be based on at least three (3)
bids and shall be awarded to the lowest responsible bidder.
(2) The purchasing officer or his/her designee shall solicit bids by written request to
prospective vendors, by telephone and/or by public notice posted on a public bulletin
board in city hall and on the city's website.
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(3) Bids given pursuant to this subsection shall be submitted to the purchasing officer
in writing.
(4) If a bid is received, the purchasing officer shall keep a record of all open market
orders and bids for a period of one year after the submission of bids or the placing of
orders. This record, while so kept, shall be open for public inspection.
3. Formal Bid Purchases: Except as otherwise authorized in subsection 6-3.13 of this
section, purchases of supplies, equipment and routine services in excess of twenty-five
thousand dollars ($25,000.00) shall be by formal competitive bid in accordance with the
following provisions:
(a) Published Notice: A notice inviting bids shall be published at least fourteen (14)
calendar days before the date of the opening of bids. The notice shall be published at
least twice, not less than five (5) days apart in a newspaper of general circulation printed
and published in the city, and also in appropriate trade publications, if any, circulated
within the general area. Such other notice as the purchasing officer deems appropriate
may be made.
(b) Notice Inviting Bids: Notices inviting bids shall include a general description of the
supplies, equipment or routine services to be purchased, state where bid forms and
specifications may be secured and the time and place for the opening of bids and any
other information material to the submission of a bid.
(c) Bidder's List: The purchasing officer shall maintain a list of responsible bidders for
various categories of supplies or equipment. A solicitation for a bid shall be sent to all
responsible prospective contractors or suppliers whose names are on the bidder's list for
the category of equipment, supplies or routine services subject to the bid request.
(d) Bulletin Board And Website: The bid invitation shall be posted on a public bulletin
board in city hall and shall also be posted on the city's website.
(e) Bid Submission Procedure: Sealed bids shall be submitted to the purchasing officer
or to the city clerk, as determined by the purchasing officer and set forth in the notice
inviting bids. Sealed bids shall be identified as to bidder, project, and bid on the envelope.
(f) Bid Opening Procedure: Bids shall be opened by city staff in public at the time and
place stated in the notice inviting bids. A written record and tabulation shall be made at
the time of all bids received, and shall be open for public inspection during regular
business hours for a period of not less than thirty (30) days after the bid opening.
(g) Rejection Of Bids: In its discretion, the city council may reject any bids presented
and may readvertise for bids.
(h) Tie Bids: If two (2) or more bids received are for the same total amount or unit price,
quality and service being equal, the council may accept either bid.
(i) No Bids: If no bids are received, the city council may have the supplies, equipment
or routine services purchased in the open market without further compliance with the
bidding procedures specified in this subsection.
(j) Performance Bonds: The city council may require a performance bond in such
amount as it shall find reasonably necessary to protect the public interest. If the city
council requires a performance bond, the form and amount of the bond shall be described
in the notice inviting bids.
(k) Bid Evaluation Procedures: All bids shall be analyzed by purchasing officer and the
department director requiring the supplies, equipment or routine services for compliance
with bid specifications, and the purchasing officer shall prepare a recommendation to the
department for award or rejection. The department director shall then prepare a
recommendation for award or rejection to the city council.
(I) Award Of Contracts: Contracts shall be awarded by the city council to the lowest
responsive and responsible bidder whose bid fulfills the purpose intended according to
criteria designated in the notice inviting bids. All such contracts shall require the signature
of the mayor, or in his/her absence, the mayor pro tempore, pursuant to the provisions of
Government Code sections 40601 and 40602.
c. The City Manager shall prepare and submit reports detailing all department director
and open market purchases to the City Council on a monthly basis.
d. The purchasing procedures described in this subsection shall not apply to public
works projects/contracts, professional/special services contracts or to any employee or
officer expenditures or reimbursements involving travel, education or per diems.
6-3.8 Report And Sale Of Obsolete And Surplus Supplies And Equipment:
a. All city departments and agencies shall submit to the purchasing officer, at such times
and in such form as he/she shall prescribe, reports showing all supplies and equipment
which are no longer used or which have become obsolete or worn out.
b. The purchasing officer shall have the authority to sell all supplies and equipment
which cannot be used by any agency or which have become unsuitable for use by the
city or its agencies or to exchange or trade in the supplies and equipment for new supplies
and equipment. Such sales shall be made pursuant to those provisions of this section
which are applicable.
6-3.9 Professional/Special Services:
a. Qualifications: In contracting for professional/special services, such contracts should
only be awarded to firms or persons who have demonstrated adequate levels of
experience, competence, resources/equipment, staffing and other professional
qualifications necessary for more than a satisfactory performance of the services required
in the time period needed.
b. Cost: Once the department or agency requesting the professional/special service has
determined a firm has an adequate level of competence, the cost of the service may be
considered, however, price may not be the sole factor in determining to whom a contract
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shall be awarded. The city's best interests may be served by awarding the contract to a
higher priced contractor based on the scope of services available, unique skills, staffing
levels, timing, prior experience, past working relationship, and other factors required by
the department or proposed by the contractor.
c. Request For Proposal/Qualifications: The acquiring of professional/special services
shall be procured through a negotiated contract and should include requests for
proposals/qualifications (RFP/Q). Soliciting bids for professional/special services is
decentralized and shall be the responsibility of the department director requesting the
service. The purchasing officer may be contacted to assist in the formal request for
proposal/qualification (RFP/Q) process.
d. Contracts For Twenty-five Thousand Dollars Or Less:
1. In nonemergency situations, the requesting department should contact a minimum
of three (3) consultants/firms.
2. Unless the city council authorized the entering into or the award of a specific contract
for professional/special services, the purchasing officer shall approve in writing the award
of all such contracts, taking into consideration the recommendation of the department
director requesting the professional/special services at issue.
3. The purchasing officer or his/her duly authorized designee is authorized to approve
professional/special service contracts with an estimated cost of twenty-five thousand
dollars ($25,000.00) or less.
e. Contracts Over Twenty-five Thousand Dollars: In nonemergency situations,
departments should utilize the following sealed request for proposal process:
1. RFP/Q Solicitation Process:A formal sealed request for proposal qualification (herein
"RFP/Q") document should be developed for solicitation of professional services contracts
over twenty-five thousand dollars ($25,000.00).
2. Advertisement: The department should advertise in appropriate publications and/or
use the professional services listings, as available, during the solicitation process.
3. Fourteen To Twenty One Day Notice: Notice inviting RFP/Q's should be posted at
city hall and on the city's website at least fourteen (14) calendar days before the due date
of submission of the RFP/Q.
4. Notice Contents: The notice shall at least describe the general type of service
needed, how the RFP/Q minimum scope of work can be obtained, the requirement of a
written sealed proposal, state the closing date, place, and time for submission of the
RFP/Q.
5. Solicitation Procedure: Sealed request for proposals/qualifications should be
submitted directly to the requesting department. RFP/Q's need not be opened publicly.
Departments shall analyze proposals for compliance with RFP/Q requirements, value of
the total scope of services and make a recommendation to city council for selection, or
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for follow up interviews of those submitting proposals.
6. Award: Contracts for professional/special services in excess of twenty-five thousand
dollars ($25,000.00) require the approval of the city council and the signature of the
mayor, or in his/her absence, the mayor pro tempore, pursuant to the provisions of
Government Code sections 40601 and 40602.
f. Standard Form: Contracts for professional/special services should be on the city's
standard form and shall be reviewed and approved as to form by the city attorney.
6-3.10 City Manager Authority:
The City Manager or his/her duly authorized designee shall be authorized to sign on
behalf of the city all purchase orders or contracts for procuring supplies, equipment, and
routine services that do not include any legal or consulting services, which do not exceed
a total contract or purchase order amount of twenty-five thousand dollars ($25,000.00) in
any one-year period.
6-3.11 Report Of Purchases:
a. The City Manager shall file a report of purchases with the city council on a monthly
basis. The report shall account for all purchases of supplies, equipment or routine
services and all contracts for professional services exceeding five thousand dollars
($5,000.00) which were made without prior city council approval during the preceding
month.
b. The report shall identify the subject matter of the purchase or contract, the requesting
department, the person or entity from whom the purchase was made, and the amounts
paid or payable by the city or its agencies under each such purchase order or contract.
6-3.12 Splitting Purchases Or Contracts:
No officer or employee of the city or its agencies shall split or separate a purchase of
supplies, equipment or a contract or purchase order for routine services or
professional/special services for the purpose of evading the provisions of this section.
The acquisition of supplies, equipment and routine services should normally be made as
a single purchase, when the need has been identified for multiples of items, related items,
or similar items, which are ordinarily available from the same vendor or manufacturer.
6-3.13 Exceptions:
a. Any provisions of this section to the contrary notwithstanding, no competitive bidding
of any kind (whether through informal open market procedures or through formal noticed
procedures) shall be required to purchase supplies, equipment, routine or
professional/special services under any of the following circumstances:
1. When an emergency requires that an order be placed with the most available source
of supply; or
2. When the supplies, equipment, services or contract could be obtained from only one
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source; or
3. If the city council shall find, by resolution adopted by not less than four-fifths (4/5) of
its members, that such an acquisition may be more economically and efficiently effected
through the use of an alternate procedure; or
4. When the city is seeking a contract for garbage collection.
b. These exceptions shall not apply to contracts for public works projects.
6-3.14 Sales Of Personal Property:
Personal property of the city which has been determined by the city council to be surplus
to the needs of the city may be sold by the purchasing officer either in the form of a trade
in for credit against the purchase of new personal property similar in character or through
public sale which shall be noticed and conducted in the manner deemed most appropriate
by the purchasing officer.
6-3.15 Change Orders:
a. After the effective date of any contract executed on behalf of the city for the purchase
of equipment or supplies, the retention of professional or other services, or construction
work on a public works project, the City Manager shall have authority to approve in writing
any modification involving an addition to, deletion from, or revision in any item in such
contract, including, without limitation, plans, specifications and extra work, and change
orders relating to the nature or quantity of services, equipment, supplies or work, in
accordance with the 1991 edition or latest revision of the "Standard Specification For
Public Works Construction", subject to the following limitations: The dollar amount of all
such modifications or change orders relating to any one contract shall not exceed fifty
thousand dollars ($50,000.00) or twenty-five percent (25%) of the original contract price,
whichever is less. Any modifications or change orders above this amount shall require
city council approval.
b. The authority herein conferred upon the City Manager may, in the sound discretion
of the City Manager, be delegated in whole or in part to a department manager or other
designated employee or agent of the city.
c. An appropriate contract change order form shall be used for approval of change
orders. The form shall detail the reasons for the proposed change, description of the
change, change in contract cost, extension in contract time (if warranted), and new
contract total cost including all prior change orders. The contract change orders shall be
signed by the project manager, contractor, department director and City Manager.
d. In connection with any specific contract where the circumstances so warrant, the city
council may, by resolution, authorize the City Manager to exceed the specific dollar
amounts or percentage limitations set forth in subsection 6-3.15a of this section.
e. If a proposed contract modification, change order or request for extra work exceeds
the limitations imposed upon the City Manager by this section or by resolution, and any
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extended delay in obtaining city council approval is reasonably determined to subject the
city to liability for damages incurred by a contractor, or to jeopardize the public health,
welfare or safety, or to otherwise result in potential detriment to the city, then the City
Manager shall have authority to exceed the dollar amounts or percentage limitations
specified herein.
f. The City Manager shall, not less frequently than every three (3) months, report to the
city council through a special report or with the project acceptance report, on
modifications and change orders which are approved pursuant to this subsection 6.3.15.
6-3.16 Master Services Contracts and Task Orders
Task Orders shall be issued pursuant to a Master Services Contract with a specific scope
of work and the Purchasing Officer shall have authority to execute such Task Order for
individual projects for one hundred twenty-five thousand dollars ($125,000.00) or less.
Any Task Order in an amount exceeding one hundred twenty-five thousand dollars
($125,000.00) shall require City Councils approval. Task Orders shall not be issued for
an amount exceeding two hundred thousand dollars ($200,000.00). An individual
Request for Qualification process and a new contract awarded by the City Council shall
be required for amounts exceeding two hundred thousand dollars ($200,000). The City
Manager shall prepare and submit a report detailing all Task Orders authorized by the
City Manager to the City Council on a monthly basis.
6-3.17 Recycled Products Procurement Policy:
a. Purpose: It is the intent of the city to maximize its use of recycled resources.
b. Definitions:
1. Recycled product:
(a) Except as provided in subsection (b) of this definition, "recycled product" means all
materials, goods, and supplies, no less than fifty percent (50%) of the total weight of which
consists of secondary and postconsumer material with not less than ten percent (10%) of
its total weight consisting of postconsumer material. A recycled product shall include any
product that could have been disposed of as solid waste having completed its life cycle
as a consumer item, but otherwise is refurbished for reuse without substantial alteration
of its form.
(b) "Recycled product" also means other flat rolled steel products no less than twenty-
five percent (25%) of the total weight of which consists of secondary and postconsumer
material, with not less than ten percent (10%) of total weight consisting of postconsumer
material. Products made with flat rolled steel meeting these content percentages include,
but are not limited to, automobiles, cans, appliances, and office furniture and supplies.
2. Postconsumer material means a finished material that would have been disposed of
as a solid waste, having completed its life cycle as a consumer item, and does not include
manufacturing wastes.
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3. Secondary material means fragments of finished products or finished products of a
manufacturing process that has converted a resource into a commodity of real economic
value, and includes postconsumer material, but does not include excess virgin resources
of the manufacturing process.
4. Recycled paper product:
(a) "Recycled paper product" means all paper and wood pulp products containing
postconsumer and secondary materials, as defined in this definition. "Postconsumer
material" means a finished material which would normally be disposed of as a solid waste,
having completed its life cycle as a consumer item. "Secondary material" means
fragments of finished products or finished products of a manufacturing process, which
has converted a virgin resource into a commodity of real economic value, and includes
postconsumer material, but does not include, fibrous waste generated during the
manufacturing process such as fibers recovered from wastewater or trimmings of paper
machine rolls (mill broke), wood slabs, chips, sawdust, or other wood residue from a
manufacturing process.
(b) "Recycled paper product" also means a paper product with not less than fifty percent
(50%), by fiber weight, consisting of secondary and postconsumer material with not less
than the following percentage of fiber weight consisting of postconsumer material:
(1) For high speed copier paper, offset paper, forms bond, computer printout paper,
carbonless paper, file folders, white wove envelopes, and for other uncoated printing and
writing papers, such as writing and office paper, book paper, cotton fiber paper containing
twenty-five (25) to seventy five percent (75%) cotton fiber, and cover stock, the minimum
content standard shall be no less than thirty percent (30%) of fiber weight of
postconsumer materials.
c. Purchase Of Recycled Products Required Where Fitness And Quality Being Equal,
And Cost No More Than Equal, To That Of Nonrecycled Products:
1. Recycled Products Generally: Fitness and quality being equal, the city and its
departments shall purchase recycled products instead of nonrecycled products whenever
available at no more than the total cost of nonrecycled products.
2. Recycled Paper Products:
(a) General Requirement: Fitness and quality being equal, the city and its departments
shall purchase recycled paper products instead of nonrecycled paper products whenever
available at no more than the total cost of nonrecycled paper products.
(b) Amount To Be Purchased: At least fifty percent (50%) of the total dollar amount of
paper products purchased or procured shall be a recycled paper product. In addition, at
least twenty-five percent (25%) of the total fine writing and printing paper purchased or
procured shall be a recycled paper product.
(c) Preferences Allowed: The city and its departments may give preference to the
suppliers of recycled paper products. The city and its departments may define the amount
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of this preference.
(d) Bidding Preferences: In bids in which the city has reserved the right to make multiple
awards, the recycled paper preference cost shall be applied, to the extent possible, so as
to maximize the dollar participation of firms offering recycled paper in the contract award.
The combined dollar amount of preferences granted pursuant to this section and any
other provisions of law shall not exceed one hundred thousand dollars ($100,000.00).
(e) Exception To Preference Provisions: Notwithstanding the above provisions, the
recycled paper bidder preference shall not exceed fifty thousand dollars ($50,000.00) if a
preference exceeding that amount would preclude an award to a small business that
offers nonrecycled paper products and is qualified in accordance with section 14838 of
the Government Code. This provision shall apply only when the small business is the
lowest responsible bidder or is eligible for contract award on the basis of application of
the five percent (5%) business preference.
d. Bidding Requirements:
1. Bidders Must Specify Recycled Product Percentages: All local public agencies shall
require the bidder to specify the minimum, if not exact, percentage of recycled product in
the products offered, both the postconsumer and secondary waste content regardless of
whether the product meets the required percentage of "recycled product" as defined in
subsection 6-3.16b1 of this section.
2. Bidders Must Specify Recycled Paper Product Percentages: All local public agencies
shall require the bidder to specify the minimum if not exact, percentage of recycled paper
product in the paper products, and both the postconsumer and secondary waste content
regardless of whether the paper product meets the percentage of required "recycled
paper product" as defined in subsection 6-3.16b4 of this section. The contractor may
certify zero recycled product.
e. Impact On Contract Provisions:
1. Provisions Relating To Consideration Of Products With Recycled Product: All
contract provisions impeding the consideration of products with recycled product shall be
deleted in favor of performance standards.
2. Provisions Relating To Consideration Of Products With Reclaimed Paper Content:
All contract provisions impeding the consideration of products with reclaimed paper
content shall be deleted in favor of performance standards. All printing contracts made by
the city or its departments shall provide that the paper used shall meet the requirements
of these provisions.
f. Policy: The city hereby adopts, and shall distribute to all city staff involved with
purchasing or procurement, the following policy with respect to procurement of recycled
products. In the event of a conflict between this policy and any other section or provision
of subsection 6-3.13 of the chapter, however, the other section or provision of subsection
6-3.13 of this chapter shall control.
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I. Purpose
The purpose of this policy is to support the purchase of recycled and environmentally
preferred products in order to minimize environmental impacts relating to our work. The
City recognizes our employees can make a difference in favor of environmental quality.
We recommend the purchase of environmentally preferable products whenever they
perform satisfactorily and are available at a reasonably competitive price.
Consistent with the requirements of Assembly Bill 939, requiring a 50 percent reduction
of material going to landfills, and the economics of effectively managing costs for solid
waste disposal, all City Departments, Divisions and Offices shall adopt and promote the
use of recycled/recyclable supplies and materials as an Agency priority. In so doing, the
Agency shall:
1. Encourage waste prevention, recycling, market development and use of
recycled/recyclable materials through lease agreements, contractual relationships and
purchasing practices with vendors, contractors, businesses and other governmental
agencies.
2. Adopt waste prevention, recycling and use of recycled supplies/materials as an
Agency priority.
3. Generate less waste material by reviewing how supplies, materials and equipment
are manufactured, purchased, packaged, delivered, used, and disposed.
4. Serve as a model for the region to influence waste prevention, recycling and
procurement efforts.
II. Definitions
"Recycling" means the process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise become solid waste, and returning them to
the economic mainstream in the form of raw material for new, reused, or reconstituted
products which meet the quality standards necessary to be used in the marketplace.
"Waste Prevention" means any action undertaken by an individual or organization to
eliminate or reduce the amount or toxicity of materials before they enter the municipal
solid waste stream. This action is intended to conserve resources, promote efficiency,
and reduce pollution.
"Environmentally Preferable Products" means products that have a lesser impact on
human health and the environment when compared with competing products. This
comparison may consider raw materials acquisition, production, manufacturing,
packaging, distribution, reuse, operation and/or disposal of the product.
"Recycled Products" are products manufactured with waste material that has been
recovered or diverted from the waste stream. Recycled material may be derived from
post-consumer waste (material that has served its intended end-use and been discarded
by a final consumer), industrial scrap, manufacturing waste and/or other waste that
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otherwise would not have been utilized.
"Practicable" means sufficient in performance and available at a reasonably competitive
cost.
Ill. Policies
A. All City personnel will specify recycled and environmentally preferable products
whenever practicable.
B. The City shall solicit the use of recycled and other environmentally preferred products
in its procurement documents as appropriate.
C. City Departments, Divisions and Offices shall practice waste prevention whenever
practicable.
IV. Best Practices
A. Procurement Practices
In cooperation with their customers, General Services shall evaluate the following
environmentally preferable product categories and purchase them whenever practicable.
1. Printing and Writing Papers. Including all imprinted letterhead paper, envelopes, copy
paper and business cards shall contain a minimum of 30 percent postconsumer recycled
content.
2. Paper Products. Including janitorial supplies, shop towels, hand towels, facial tissue,
toilet paper, seat covers, corrugated boxes, file boxes, hanging file folders, and other
products composed largely of paper.
3. Remanufactured laser printer toner cartridges and remanufactured or refillable inkjet
cartridges.
4. Re-refined antifreeze, including on-site antifreeze recycling.
5. Re-refined lubricating and hydraulic oils.
6. Recycled plastic outdoor wood substitutes. Including plastic lumber, benches,
fencing, signs, and posts.
7. Recycled content construction, building and maintenance products. Including plastic
lumber, carpet, tiles, and insulation.
8. Recrushed cement concrete aggregate and asphalt.
9. Cement and asphalt concrete containing tire rubber, glass cullet, recycled fiber,
plastic, fly ash, or other alternative products.
10. Retreaded tires and products made from recycled tire rubber including rubberized
asphalt, playground surfaces, and fatigue mats.
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11. Compost, mulch, and other organics including recycled bio solids products.
12. Remanufactured paint.
13. Other products that may be designated by General Services.
B. Waste Prevention Practices
City staff are encouraged to reduce their consumption of resources by incorporating the
following practices into their daily activities.
1. Consider durability and repairability of products prior to purchase.
2. Conduct routine maintenance on products/equipment to increase the useful life.
3. Use duplex features on laser printers and copiers. Specify duplex on print jobs.
4. Create electronic letterhead for use by all City Departments, Divisions and Offices.
5. Send and store information electronically when possible. This includes e-mail, Web
site, and electronic fax.
6. Review record retention policies and implement document imaging systems.
7. Other waste prevention practices that further the goals of this policy.
V. Responsibilities of General Services
General Services shall be responsible for coordinating the implementation of this policy
and shall:
A. Develop and maintain information about environmentally preferable products and
recycled products containing the maximum practicable amount of recycled materials to
be purchased by Departments, Divisions and Offices whenever possible. Initially, these
shall include the products designated in section IV A of this policy.
B. Inform other Departments, Divisions and Offices of their responsibilities under this
policy, provide Departments, Divisions and Offices with information about recycled
products and environmental procurement opportunities.
C. Inform vendors of our Environmental Purchasing Policy.
D. Restrict contracts to only recycled-content products whenever possible. (e.g., office
supplies, lubricating oils, and janitorial supplies).
E. Review specifications used in public bidding to eliminate barriers to recycled-content
products, such as outdated or overly stringent product specifications and specifications
not related to product performance. All requests for proposals shall require vendors to
offer recycled products whenever practicable.
F. Provide the Agency Administrator with an annual report on the status of key
benchmark commodities.
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VI. Responsibilities of All Departments, Divisions and Offices
Each City Department/Division shall:
A. Practice waste prevention whenever possible.
B. Continue to utilize recycling programs and expand where possible.
C. Procure recycled products whenever practicable.
D. Evaluate each designated product to determine the extent to which Departments,
Divisions and Offices may practicably use it.
E. Ensure that procurement documents issued by the Division/Department require
environmental preferred purchasing wherever practicable.
VII. Exemption
Nothing in this policy shall be construed as requiring the purchase of products that do not
perform adequately or are not available at a reasonable price.
SECTION 2: If any provision of this Ordinance or the application thereof to any person or
circumstances is for any reason deemed or held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect any other provision or applications, and to this end the provisions of this
Ordinance are declared to be severable. The City Council hereby declares that it would
have adopted each section irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or unenforceable.
SECTION 3: The City Clerk shall certify to the passage and adoption of this Ordinance,
and shall cause it, or a summary of it, to be published as required by law, and it shall be
effective thirty (30) days after its adoption.
INTRODUCED at a regular meeting of the City Council of the City of Lynwood on
the 5th day of June, 2018, and PASSED, APPROVED AND ADOPTED by the City
Council at a regular meeting thereof held on the 19th day of June, 2018.
I
�. .;1
Jos;. Luis Solache, ayor
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APPROVED AS TO FORM: APPROVED AS TO CONTENT:
1 ,
Arturo Fierro, City A orney Jos:/•meteotl, City Manager
AYES: COUNCIL MEMBER CASTRO, MAYOR SOLACHE
NOES: MAYOR PRO TEM SANTILLAN-BEAS
ABSENT: COUNCIL MEMBERS ALATORRE, HERNANDEZ
ABSTAIN: NONE
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify
that the foregoing Ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 19th day of June 2018, and passed by the
following votes:
AYES: COUNCIL MEMBER CASTRO, MAYOR SOLACHE
NOES: MAYOR PRO TEM SANTILLAN-BEAS
ABSENT: COUNCIL MEMBERS ALATORRE, HERNANDEZ
ABSTAIN:
Aid
Maria Quinonez, City Clerk '
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of
the City Council of said City, do hereby certify that the above foregoing is a full, true and
correct copy of Ordinance No. 1711 is on file in my office, and that said Ordinance was
adopted on the date any by the vote therein stated. Dated this 19th day of June, 2018.
/� ,
Maria Quinonez, City lerk
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