167.01   PREFERENCE FOR RECYCLED COMMODITIES.
   (a)   Definitions.
(1)   "Recycled paper" means paper which is at least fifty percent (50%) by weight composed of material which otherwise would have been destined for the waste stream, including without limitation newspapers, magazines, paperboard, boxes, tabulating cards, used fibrous material such as rags, and overstock or obsolete inventories from distributors, wholesalers, printers and others.
(2)   "Recycled material" means material other than paper, the components of which, in whole or in part, would otherwise have been destined for the waste stream.
   (b)   Whenever the City seeks bids on paper products, the City shall take all reasonable steps to ensure that vendors of recycled paper products are notified and given the opportunity to submit bids.
   (c)   In evaluating bids for paper products, the City shall give preference to recycled paper products, provided that consultation with the director of the user department, determines that the quality of such products is equal or superior to those non-recycled paper products which are bid, and provided further that the price bid for recycled paper products does not exceed the lowest price bid for non-recycled paper products by more than five percent (5%).
   (d)   All bid specifications for manufactured products other than paper shall request the bidder to determine whether he or she is able to submit a bid using recycled material. If both of the following apply, the bidder shall submit an alternate bid using the maximum among of recycled material possible in light of the technology in existence at the time the bid is submitted:
(1)   The product which is made of recycled material is of equal or superior quality to that of a like product which is made from non-recycled material; and
(2)   The product may be made at a cost which is not more than five percent (5%) greater than the cost of a like product which is made from non-recycled material.
   Even if subsections (d)(1) and (d)(2) hereof do not apply, the bidder may, at his or her option, submit an alternate bid using recycled material.
   (e)   In evaluating bids for a manufactured product other than paper, the City shall give preference to a product made from recycled material, provided that consultation with the director of the user department, determines that the quality of such products is equal or superior to that of a like product which is bid using only non-recycled material, and provided further that the price bid for the manufactured product made from recycled material does not exceed by more than five percent (5%) the lowest price bid for the manufactured product using non-recycled material. The City Manager shall promulgate regulations for the application of the preference. Such regulations shall be published in the City administrative policy and shall include a requirement that the City shall take into consideration the total percentage of recycled material used in the product.
   (f)   This chapter 167 shall expire three years after its effective date of September 8, 1993, unless extended by ordinance.
(Ord. 107-93. Passed 8-9-93.)