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HomeMy Public PortalAboutOrd. 1507ORDINANCE NO. 1507 AN ORDINANCE OF THE CITY OF LYNWOOD ADDING SECTION 6 -3.16 TO THE LYNWOOD MUNICIPAL CODE AND RELATING TO USE OF RECYCLED PRODUCTS AND MATERIALS WHEREAS, the City of Lynwood ( "City ") is a general law city in the State of California; and WHEREAS, the City is committed to protecting the public health, safety, welfare and environment; and WHEREAS, in order to meet these goals it is necessary that the City promote the reduction of solid waste and reduce the stream of solid waste going to landfills; and WHEREAS, pursuant to the California Waste Management Act (California Public Resources Code Sections 40000 et seq.), the City is required to prepare, adopt and implement source reduction and recycling elements to reach reduction goals; and WHEREAS, the California Waste Management Act also requires the City to substantially reduce volume of waste materials going to landfill, under the threat of penalties of $10,000 per day; and WHEREAS, it is the goal of the State Legislature, as expressed in Section 12153(i) of the California Public Contract Code, to encourage local public agencies to adopt policies to maximize the use of recycled resources; and WHEREAS, Section 12210(a) of the Public Contract Code requires that, fitness and quality being equal, all local public agencies purchase recycled products instead of nonrecycled products whenever available at no more than the total cost of nonrecycled products; and si n ±S ^1,' o 'rcw-7' '3--al �j u. — l rah is agencies to give prefercr. ce tot :e suppliers of recycled products, and to determine the amount of this preference; and WHEREAS, pursuant to Section 12213 of the Public Contract Code, all local public agencies must, inter alia, require contract bidders to specify the minimum, if not exact, percentage of recycled product in the products that the bidders offer; and WHEREAS, Section 12213 also requires that contract provisions impeding the consideration of products with recycled product be deleted in favor of performance standards; and WHEREAS, Public Contract Code Section 12168(a) generally requires that, fitness and quality being equal, all local public agencies purchase recycled paper products instead of nonrecycled paper products when the recycled products are available at no more than the total cost of nonrecycled paper products; and WHEREAS, Section 12168(a) additionally allows local public agencies to give preference to the suppliers of recycled paper products; and WHEREAS, Section i 2 i 69 of the Public Contract Lode mandates aii iocai public agencies, inter alia, to require bidders to specify the minimum, if not exact, percentage of recycled paper product in the paper products, and both the postconsumer and secondary waste content of those paper products; and WHEREAS, Section 12169 also requires that all public contract provisions impeding the consideration of products with reclaimed paper content be deleted in favor of performance standards; and WHEREAS, all printing contracts made by the City or its departments must, under Section 12169, provide that the paper used shall meet the requirements of these provisions; and WHEREAS, the City wishes to encourage and support the purchase of recycled and environmentally preferred products in order to minimize the waste generated by its work; NOW, THEREFORE, the City Council of the City of Lynwood does hereby ordain as follows: Sec. 1: A new Section 6 -3.16 is added to the Lynwood Municipal Code to read as follows: 6 -3.16. 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 paragraph (b), below, "recycled product" means all materials, goods, and supplies, no less than 50 percent of the total weight of which consists of secondary and postconsumer material with not less than 10 percent 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 25 percent of the total weight of which consists of secondary and postconsumer material, with not less than 10 percent 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. 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. (Source: Cal. Pub. Cont. Code Sec. 12200.) 4. Recycled paper product. a. "Recycled paper product" means all paper and woodpulp products containing postconsumer and secondary materials, as defined in this section. "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 50 percent, 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 25 to 75 percent cotton fiber, and cover stock, the minimum content standard shall be no less than 30 percent of fiber weight of postconsumer materials. (Source : Cal Pub. Cont. Code Sec. 12161) C. Purchase of recycled products required where fitness and quality 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. [Source : Cal. Pub. Cont. Code Sec. 12210(a)]. 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 50 percent of the total dollar amount of paper products purchased or procured shall be a recycled paper product. In addition, at least 25 percent of the total fine writing and printing paper purchased or procured shall be a recycled paper product. [Source . Cal. Pub. Cont. Code Sec. 12162(x)]. 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 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). e. Exception to preference provisions. 1) Notwithstanding the above provisions, the recycled paper bidder preference shall not exceed fifty thousand dollars ($50,000) 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 5- percent business preference. (Source: Cal. Pub. Cont. Code Sec. 12168)). 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 percentage of recycled product required pursuant to Section 6- 3.16(B)(1), above. (Source : Cal. Pub. Cont Code Sec. 12213). 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 recycled paper product required pursuant to Section 6- 3.16(B)(4). The contractor may certify zero recycled product. (Source : Cal. Pub. Cont. Code Sec. 12169.) 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. (Source : Cal. Pub. Cont Code Sec. 12213.) 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. (Source : Cal. Pub. Cont. Code Sec. 12169) F. 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 Section 6 -3.13 of the Code, however, the other section or provision of Sec. 6 -3.13 shall control. 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 otherwise would not have been utilized. "Practicable" means sufficient in performance and available at a reasonably competitive cost. III. Policies A. All City personnel will specify recycled and environmentally preferable products whenever practicable. B. The City shall sol►;,it 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 Gullet, 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. 11. Compost, mulch, and other organics including recycled biosolids 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 reparability 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. Send and store information electronically when possible. This includes e-mail, Web site, and electronic fax. 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. 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. PASSED, APPROVED and ADOPTED this 18th day of August 21, 2001. ATTEST: ANDREA L. HOOP #R, it Clerk City of Lynwood APPROVED AS TO FORM: S K. TH R, City Attorney City of Lynw od PAUL H. RICHARDS, II, Mayor City of Lynwood I In RAL H W. DA III, City Manager City of Lynwood APPROVED AS TO CONTENT: O EPH Y. P.E. erector of Pub is Works /City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) First read at a regular meeting of the City Council of said City held on the . '21st day of AUGUST , 2001, and finally ordered published at a regular meeting of said Council held on the 18th day of SEPTEMBER ,2001. AYES: COUNCILMEN BYRD, REA, REYES, SANCHEZ, RICHARDS NOES: NONE ABSENT: NONE City Clerk, City of Lynwood STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1507 on file in my office and that said ordinance was adopted on the date and by the vote therein stated. Dated this 18th day of SEPTEMBER, 2001. r City Clerk i r;;7 i