(a) A contractor or vendor shall certify in writing to the Awarding Authority the minimum, if not the exact, percentage of Recycled material, both post-consumer Recycled content and Secondary waste, in products to be provided in the performance of the contract. The contractor also shall certify the extent to which the products have any of the environmentally preferable attributes listed in Section 10.32.2(a). The contractor or vendor shall provide such certification even if the product contains no Recycled material or no other environmentally preferable attributes. Failure to provide such certification shall result in the product being deemed to contain no Recycled material and/or no environmentally preferable attributes.
(b) A contractor or vendor providing Paper Products and/or Printing and Writing Paper shall:
1. Only provide Paper Products and Printing and Writing Paper that meet the Federal Trade Commission recyclability standard as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
2. Certify in writing, under penalty of perjury, to the minimum percentage of Post-consumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of Post-consumer material in the Paper Products, Printing and Writing Paper, or both, can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
3. Certify in writing, under penalty of perjury, that the Paper Products and Printing and Writing Paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12.
4. Provide records of all Paper Products and Printing and Writing Paper purchased from the vendor within 30 days of a purchase (purchases with both Recycled content and non-Recycled content) made by a department or employee of the City. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Subdivisions 2. and 3. of this subsection for Recycled content purchases, the purchaser name, the quantity purchased, the date purchased, and the amount of Recycled content (including in products containing none); and if non-Recycled Content Paper Products and/or non-Recycled content Printing and Writing Paper are purchased, a description of why Recycled content Paper Products and/or Recycled content Printing and Writing Paper was not purchased instead.
(c) A Direct Service Provider providing Compost or SB 1383 Eligible Mulch shall keep records of procurement of Products (whether through purchase or acquisition) and shall provide such records to the Awarding Authority upon completion of projects. Such records shall include:
1. A general description of how and where the Product was used;
2. The Source of Product, including the name, physical location, and contact information for each entity, operation, or facility from which the Product was procured;
3. The Type of Product;
4. The quantity of each Product, in either tons or cubic yards; and
5. An invoice or other record documenting the purchase or procurement of the Product.
(d) The requirements in this section shall not apply to contracts funded in whole or in part by a grant or with funds from a grant or loan.
SECTION HISTORY
Added by Ord. No. 180,751, Eff. 8-4-09, Oper. 11-4-09.
Amended by: In Entirety, Ord. No. 187,711, Eff. 1-18-23.