Resolution No 93-9 - Recycled Product Procurement

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, FOR THE ADOPTION OF A POLICY REGARDING THE PROCUREMENT OF RECYCLED PRODUCTS
WHEREAS, it is the policy of the City of Santa Clarita to conserve and protect natural resources for current and future citizens; and
WHEREAS, the City's participation in and promotion of recycling programs can significantly reduce the volume of material entering the waste stream thereby conserving natural resources and extending landfill life expectancy; and
WHEREAS, in order for recycling programs to be effective, markets for recycled post-consumer materials must be developed; and
WHEREAS, the implementation of a procurement policy for the City of Santa Clarita would contribute to the conservation and protection of natural resources and support city-wide recycling programs; and
WHEREAS, the City's commitment to the purchase of recycled materials will help expand the markets for recycled products and serve as a model for private industry and local businesses; and
WHEREAS, State and Federal agencies have implemented procurement guidelines requiring government agencies to buy products made with recycled materials.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Clarita, California, as follows:
SECTION 1. The City Council hereby adopts the following policy:
RECYCLED PRODUCTS PROCUREMENT RESOLUTION

I. Definitions of Recycled Content
A. Post-consumer recovered materials. A finished material which would normally be disposed of as a solid waste, having completed its life cycle as a consumer item. Examples of post-consumer recovered materials include, but are not limited to; used newspaper, office paper, yard waste, plastic bottles, oil, asphalt, concrete and tires.
B. Pre-consumer recovered material. Material or by-products generated after manufacturing of a product is completed, but before the product reaches the end-use consumer. Examples of pre-consumer recovered materials include, but are not limited to; obsolete inventories of finished goods, rejected unused stock and paper wastes generated during printing, cutting and other converting operations. This category does not include mill or manufacturing trim, scrap or "broke," which is material generated at a manufacturing site and commonly reused within the manufacturing process. For example, pre-consumer paper waste sources are not considered "recycled." Components of a paper product include, but are not limited to; fibers recovered from waste water, trimmings of a paper machine rolls, sawdust, chips, wood slabs, other wood residue from a manufacturing process, and such materials sold between mills.
C. Total recovered material. The total pre- and post-consumer recovered material contained in a product.
II. Recycled Content Preference
It is recommended that the City of Santa Clarita establish a policy, whenever practical, to purchase products which contain, in order of preference, the following:
1. The highest percentage of recycled content of "post-consumer recovered materials," available in the marketplace; and2. The highest percentage of "pre-consumer recovered materials," available in the marketplace.
In those instances where it is deemed impractical to procure a recycled-content item, a specific explanation for the finding must be included in the purchasing record (see "Monitoring and Annual Report" section).

III. Price Preference

A 10% price preference may be given to recycled products, reusable products offered as alternatives to disposable products, and products designated to be recycled where they are offered as alternatives to non-recyclable products. The preference percentage shall be based on the lowest bid or price quoted by the supplier offering recycled products.
IV. Recyclability and Waste Reduction
In addition to the recovered material content of a product, important criteria in selecting products shall also be:
1. The ability of a product and its packaging to be reused , reconditioned for use, or recycled through existing recycling collection programs; and 2. The volume and toxicity of waste and by-products of a given product and its packaging generate in their manufacture, use, recycling and disposal. Products and packaging designed to minimize waste and toxic by-products in their manufacture, use, recycling and disposal shall be preferred.
V. Equipment Compatibility
Equipment purchased or rented by the City shall be compatible, whenever practical, with the use of recycled content products. If deemed impractical, a specific reason for such a finding must be included in the purchasing record.
VI. Purchase Requisition, Specification and Bid Solicitation
Product specification and requisitions for products shall conform to the following guidelines:
1. Product specifications and requisitions shall not indiscriminately require the use of products made from virgin materials, nor specifically exclude the use of recycled-content products;2. Performance standards must be reasonable and related to function, and shall not be designed to exclude the purchase of recycled-content products;3. To the extent such information is known, City staff shall identify to the Purchasing Division (in the Purchase Requisition) products available with recycled content and vendors from who such products are available.4. Purchasing agents have the authority to specify a minimum "recycled-content" standard in bid solicitations to accomplish the purposes of this policy.

VII. Contractors and Grantees

All City contractors and grantees shall be required to conform to the minimum recycled-content procurement standards set forth by the Finance Department. This requirement shall be applied to contractors and grantees in procuring materials or products to perform contractual services for the City, to produce or provide a work product to the City or on the City's behalf, or to conduct work funded by a grant from the City. The list shall be reviewed as needed, but no less than annually, by the City Council (see "Monitoring and Annual Report" section).Contractors and grantees shall be further required to report to the City the types, quantities and total dollar amounts of recycled products which are purchased by the contractor or grantee in connection with City-funded work. The percentage of post-consumer and total recovered material content of such purchased products shall also be required to be included in the report. 

VIII. Promotion

All City purchased and printed recycled paper products shall be labeled with the standard phrase: "Printed on Recycled Paper." All City departments or agencies shall be required to use recycled products for their business cards, letterhead stationery, envelopes, business forms and pertinent documents. All said documents shall be printed, with the standard phrase: "Printed on Recycled Paper" thereby promoting the use of post-consumer content. If sufficient documentation and certification is available, reasonable efforts shall be undertaken to specifically indicate the percentage of recycled post-consumer content. In this case, the phrase "Printed on 40% Post-Consumer Recycled Paper" shall appear on all products produced by and for the City. All City requested documents, produced by grantees and contractors shall be produced on post-consumer recycled paper. All contractors and grantees will submit all requested documents to the City on recycled paper. This shall include, but not be limited to drafts, reports, training manuals, bids, responses to inquiries and permit applications.

IX. Certification

All product providers shall be required to maintain appropriate documentation verifying either the minimum or the exact percentage of post-consumer recovered material and total recovered material contained in products purchased by the City. If no recovered material has been used, then a product provider would certify zero recycled content. Any claims of waste minimization in the manufacture or use of any product shall also be certified.

X. Implementation

It is recommended that the City Manager develop administrative procedures to achieve the purposes of this resolution and implement the provisions of this policy, including procedures for waiving a requirement of this policy in any necessary circumstance.
XI. Monitoring
The Finance division shall prepare and deliver to the City Council an annual status report on implementation of this policy and formalize a recycled products list to aid in purchasing and monitoring goals. The report shall include documentation of the types, quantities, and dollar amounts of recycled products purchased in the previous year by the City, its contractors and its grantees. The report shall also identify and discuss the following:
1. Instances where this policy is waived or its requirements found impracticable; and2. Barriers to the procurement of recycled-content products.
In addition to monitoring and evaluating this procurement policy, the effect of evaluating products for their recycled content, ensuring specifications are non-discriminatory, including the Council's policy in bid solicitations and contracts, and other additional requirements of the policy will affect the Purchasing Division's workload. This will be evaluated as the policy is implemented and recommendations as needed will be brought forward to the Council, to augment staff, if necessary and appropriate.
Fiscal Impact
The adoption and implementation of this procurement ordinance may impact current budgets. Given the requirements of AB939 and the concern over additional landfill development, and rising disposal costs, these anticipated costs are necessary to conserve and protect natural resources and support the City of Santa Clarita's recycling and market development goals.
Conclusion
The future of recycling depends upon the creation of stable and sustaining markets for recycled secondary products. It is recommended, therefore, that the City of Santa Clarita enact a procurement policy, which supports the development of stable markets for recyclables and supports the City's ongoing recycling ethic and commitment to progressive integrated waste management solutions.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and certify this record to be a full, true, correct copy of the action taken.
PASSED AND APPROVED this 26th day of January, 1993.

_____________________
MAYOR

ATTEST:

_______________________________
CITY CLERK

I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of January, 1993, by the following vote of the Council:

AYES: Council MEMBERS: Boyer, Darcy, Klajic, Pederson, Heidt

NOES: Council MEMBERS: None

ABSENT: Council MEMBERS: None

__________________
CITY CLERK