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
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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.
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City Clerk
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