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. (Code 1972 §2-35; Ord. #1571, §3; Ord. #1711, §1)
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. (Code 1972 §2-36; Ord. #1571, §3; Ord. #1711, §1)
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;
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 have been declared surplus or which have 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. (Code 1972 §2-38; Ord. #1571, §3; Ord. #1711, §1)
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, noncommitted 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. (Code 1972 §2-39; Ord. #1571, §3; Ord. #1711, §1)
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. (Code 1972 §2-40; Ord. #1571, §3; Ord. #1711, §1)
6-3.6 Requisitions And Purchase Orders:
a. Except as permitted under subsection 6-3.7b1, 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, 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. (Code 1972 §2-41; Ord. #1571, §3; Ord. #1711, §1)
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.
(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.
(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.
(l) 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. (Code 1972 §2-42; Ord. #1571, §3; Ord. #1711, §1)
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. (Code 1972 §2-43; Ord. #1571, §3; Ord. #1711, §1)
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 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 ($25,000.00) 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 ($25,000.00): 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 (14) To Twenty-One (21) 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, and 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 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. (Code 1972 §2-58; Ord. #1084, §1; Ord. #1571, §3; Ord. #1711, §1)
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, and professional/special 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. This section shall not be construed to limit or otherwise restrict the authority delegated by the city council to the city manager, as purchasing officer, pursuant to subsection 6-3.16. (Code 1972 §2-59; Ord. #1084, §1; Ord. #1571, §3; Ord. #1685, §1; Ord. #1686, §§1, 2; Ord. #1711, §1; Ord. #1723, §2)
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. (Code 1972 §2-60; Ord. #1084, §1; Ord. #1571, §3; Ord. #1711, §1)
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. (Code 1972 §2-61; Ord. #1084, §1; New; Ord. #1569, §2; Ord. #1571, §3; Ord. #1711, §1)
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 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; or
5. Legal services.
b. These exceptions shall not apply to contracts for public works projects. (Code 1972 §2-62; Ord. #1084, §1; Ord. #1093, §1; Ord. #1359, §1; Ord. #1569, §4; Ord. #1571, §3; Ord. #1711, §1; Ord. #1724, §2)
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. (Code 1972 §2-63; Ord. #1084, §1; Ord. #1711, §1)
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.
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 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 section. (Ord. #1373, §1; Ord. #1392, §1; Ord. #1711, §1)
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 fifty thousand dollars ($50,000.00) or less. Any task order in an amount exceeding fifty thousand dollars ($50,000.00) shall require city council’s 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 ($200,000.00). 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. (Ord. #1711, §1; Ord. #1727, §2)
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 6-3.17b1(b), “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.
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 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 6-3.17b1.
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 6-3.17b4. 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 subsection or provision of subsection 6-3.13, however, the other subsection or provision of subsection 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 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.
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 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.
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.
(Ord. #1507, §1; Ord. #1711, §1. Formerly 6-3.16)