(a) Whenever used in this section, unless the context otherwise requires, the following words and phrases shall have the following meanings:
"Chlorine-free recycled paper" means paper or paper product in which the post-consumer and/or pre- consumer material components are processed for recycling without the use of chlorine or chlorine- containing compounds, and any virgin component of such paper is processed without the use of any chlorine or chlorine-containing compounds.
"Post-consumer material" means only those materials generated by a consumer which have served their intended end use, and which have been separated or diverted from the waste stream for the purpose of collection and recycling as a secondary material feedstock, but does not include scrap material generated during the production of an end-product. All discarded consumer items collected from residential, commercial and business recycling program shall be considered post-consumer.
"Practicable" means capable of being used or implemented without violating the following criteria: reasonable performance standards, availability within a reasonable period of time, and maintenance of a satisfactory level of competition in the bidding process.
"Pre-consumer material" means material and by- products which have not reached a business or consumer for an intended end use and have been recovered or diverted from the waste stream, including but not limited to industrial scrap material, overstock or obsolete inventories from distributors, wholesalers and other companies, but such term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process or separate operations within the same parent company.
"Recycled material" means post-consumer material, pre-consumer material, or any combination of post- and pre-consumer material.
"Reusable" means that the product or package was designed to be used a minimum of five times for its original intended purpose. This includes products that are designed to be recharged, repaired, serviced, cleaned or refilled, or have recyclable parts or materials so as to permit repeated uses.
(b) The chief procurement officer shall biannually review its procurement specifications and procedures and revise them as necessary for the purchase of products and packaging in order to:
(1) Ensure that performance standards, specifications and a product's intended end use are related and that specifications are not overly stringent for a particular end use or performance standard.
(2) Eliminate specifications clauses and practices which exclude the use of paper or paper products manufactured from post-consumer materials or which require that paper or paper products be manufactured solely from virgin materials or materials that are not recyclable.
(3) Revise or eliminate any standards or specifications unrelated to performance that present barriers to the purchase of paper or paper products made by production processes that eliminate discharges of dioxin and other harmful by-products. This evaluation shall include a review of unnecessary brightness and stock clause provisions, such as lignin content chemical pulp requirements.
(4) Promote, wherever practicable, the purchase of paper and paper products made with post- consumer and chlorine-free materials, and the use of equipment that can operate with such materials, such as copying and printing machines.
(5) Promote, wherever practicable, the purchase of products and packaging that may be recycled or reused upon serving their intended purpose.
(c) On or before March 1, 1995, the chief procurement officer shall:
(1) Establish, adopt and, biannually thereafter, update a list of designated recycled products that shall be purchased by the city wherever practicable. This list shall, at a minimum, contain the products specified in subsection (d). The chief procurement officer, in cooperation with the chief sustainability officer, may add recycled products to the list that are not specifically designated in this subsection.
(2) Adopt minimum recycled content standards for designated recycled products. Except for printing and writing paper, minimum recycled content standards for designated recycled products shall require no less than ten percent post-consumer material. The chief procurement officer may raise the post-consumer content above ten percent when such an increase will result in an increase in the total utilization of post- consumer material within the products purchased, used or submitted. For goods, supplies, and materials for which the U.S. Environmental Protection Agency has adopted procurement guidelines under the Resource Conservation and Recovery Act of 1976 (P.L. 94-580, 42 U.S.C. 6901, et seq.) as amended, the minimum recycled content standard may not be less than content standards specified in such guidelines. Invitations to bid for the purchase of products specified by this ordinance shall set forth minimum recycled content standards that must be certified by the bidder in order to qualify for the price preference provisions in subsections (f) and (g).
(d) The following products shall be considered as designated recycled products that can be procured if they meet the minimum recycled content standards:
(1) Recycled paper and paper products, including, but not limited to: writing and copying paper, napkins, tissue and towels, uncoated boxboard, construction paper, computer printout, coffee filters, letterhead stationery, envelopes and printing;
(2) Recycled antifreeze;
(3) Recycled paint;
(4) Building insulation products manufactured using recycled products;
(5) Lubricating oil and hydraulic oil with refined oil content;
(6) Products made from recycled tire products, including rubber mats and playfield surfaces;
(7) Recharged laser printer toner cartridges;
(8) Reusable products or products in reusable packaging; and
(9) Other recycled products designated by D.P.S. in cooperation with the chief sustainability officer.
(e) Notwithstanding subsection (c)(2), all purchases of printing and writing paper by the chief procurement officer shall meet or exceed the following minimum content standards: for high speed copier paper, offset paper, forms bonds, computer printout paper, carbonless paper, file folders and white woven envelopes and other uncoated printing and writing paper, such as writing and office paper, book paper, cotton fiber paper and cover stock, the minimum content standard, based on the total weight of the paper, shall be no less than 20 percent post-consumer material, beginning December 31, 1994. This minimum recycled standards shall increase to 30 percent on December 31, 1998.
(f) For the purpose of determining lowest responsible bidder, the chief procurement officer may offer a price preference of up to ten percent for any designated recycled product when it determines that a price preference will significantly increase procurement of that product. Such price preference shall be pre- determined in the invitations to bid. Where there is a tie for the lowest responsible bid among suppliers offering a comparable recycled product, the recycled product containing the highest percentage of post-consumer material by weight shall be given higher priority, provided the quality is adequate for the purpose intended.
(g) Notwithstanding subsection (f), in purchasing writing and printing paper, the chief procurement officer shall, where the quality is adequate to meet the intended purpose, offer a price preference of up to 20 percent for the recycled product or exceeding the standards specified in subsection (e) except where recycled paper is specially requested by a city department. Such price preference shall be pre-determined in the invitations to bid.
(h) Notwithstanding subsections (f) and (g), whether the purchase price from a supplier of chlorine- free recycled paper or paper product that meets the standards set forth in subsections (c)(2) and (e) is equivalent to the price offered by the lowest responsible bidder for recycled paper or paper products also meeting the standards set forth in subsections (c)(2) and (e), the chief procurement officer shall, where the quality is adequate to meet the intended purpose, purchase the chlorine-free recycled paper, beginning March 1, 1995.
(i) The recycled paper procurement goal for city departments expressed as a percentage of the total value of paper purchased shall be: not less than 45 percent by 1996 and not less than 60 percent by 1998.
(j) All suppliers submitting bids to the chief procurement officer to provide recycled paper pursuant to this ordinance shall maintain records documenting the source and post-consumer material content used in this manufacture of such paper, shall submit a signed statement of certification from the manufacturer with each bid attesting to the source and post-consumer material content and shall provide documentation to the chief procurement officer when required. Such records shall be maintained for a period of three years from the date of the submission of any bid.
(k) Whenever the chief procurement officer purchases recycled or chlorine-free paper products, or both for letterhead stationery, business cards, envelopes or publications by the city, the letterhead stationery, business card, envelope or other printed materials shall include a printed statement or symbol that indicates non-chlorine bleached or recycled paper is used, including the percentage of post-consumer content.
(l) The chief procurement officer shall, wherever practicable, specify the use of printing inks made with soy-based material and limit the use of printing made of pigments using heavy metals, such as brilliant yellows, reds and other bright colors.
(m) All contractors and consultants doing business with the city shall be advised of the city's policies regarding reusable, recycled, recyclable and chlorine- free materials. On or before December 31, 1994, the chief procurement officer shall establish guidelines requesting all bids, proposals, reports and other printed materials submitted to the city or its agents pursuant to contractual obligations to be submitted on recycled paper and utilize double sided printing. The guidelines shall include a provision allowing a contractor or consultant to request a waiver from this section if compliance would be technically infeasible.
(n) The chief procurement officer may carry out the provisions of this ordinance through appropriate contractual measures and invitations to bid, and through the adoption of appropriate regulations as it deems necessary, that may vary from time to time based on economic and market conditions that are in the best overall interest of the city.
(o) The chief procurement officer shall submit an annual report to the mayor and city council evaluating the effectiveness of this ordinance, including information on the total quantities, by volumes and dollar amount, of products that have been purchased with recycled and chlorine-free materials.
(p) Nothing contained in this ordinance shall preclude any city department from requiring recycled and chlorine-free content as a bid specification.
(q) Nothing in this ordinance shall be construed as requiring a department, contractor, consultant, or grantee to procure products that do not perform adequately for their intended use.
(r) If any provision, clause, sentence, paragraph, section or part of this chapter, or application thereof to any person, firm, corporation or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this chapter and the application of such provision to other persons, firms, corporations or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person, firm, corporation or circumstance involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such invalid provision or provisions not been included.
(Added Coun. J. 9-14-94, p. 56187; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 9-4-02, p. 92670, § 3; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)