113.045 PURCHASE OF PRODUCTS WITH RECYCLED CONTENT; PREFERENCE.
   (a)    In addition to the provisions of Section 113.04, the Board of Control shall adopt procurement procedures and contract specifications that:
      (1)    Eliminate discrimination against the procurement of equipment, materials and supplies with recycled content;
      (2)    Encourage the procurement of equipment, materials and supplies with recycled content;
      (3)    Ensure, to the maximum extent economically feasible, that equipment, materials and supplies procured by the City may be recycled or reused after having served its intended end use;
      (4)    Require equipment, materials and supplies to contain a specified minimum percentage of recycled content to the extent that such equipment, materials and supplies are commercially reasonably available;
      (5)    To the maximum extent possible, procure equipment, materials and supplies with recycled content from vendors and suppliers who agree to purchase recyclable materials from the City for recycling or reuse.
   (b)    The Board of Control shall prescribe criteria and procedures that give preference to recycled content which shall include:
      (1)    Information to be submitted by bidders as to the percentage of recycled content;
      (2)    Waivers on a contract by contract basis when a preference for equipment, materials or supplies with a recycled content requirement would result in the payment of a price which is not reasonably competitive or the procurement of a disproportionately inferior product.
   (c)    Any contract specification that requires the procurement of equipment, materials or supplies with a minimum percentage of recycled content shall require the Board of Control to evaluate the bids received in accordance with the provisions of subsections (a) and (b) hereof. In calculating the lowest responsive and responsible bid, the Board of Control shall reduce a bidder's actual bid price by one percent (1%) for every ten percent (10%) of recycled content in excess of the minimum recycled content required by the contract specifications. Any bidder who is awarded a contract following the calculation set forth herein shall be paid the actual bid price.
   (d)    As used in this section:
      (1)    "Recyclable materials" means materials that have served their intended end use which are to be subsequently collected, separated or processed for re-use as raw materials or finished products.
      (2)    "Recycled content" means that portion of equipment, materials and supplies that consist of recyclable materials.
      (3)    "Reasonably competitive" means a comparable recycled product with a cost premium of no greater than five percent (5%) over the lowest bid of price offering nonrecycled products or products which do not have the recycled content required by the contract specifications.
   (e)    When purchasing or otherwise obtaining equipment, materials and supplies, the City shall, whenever the price is reasonably competitive and the quality is that intended, purchase the equipment, materials and supplies with the recycled content.
(Ord. 91-87.  Passed 10-7-91.)