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HomeMy WebLinkAbout2009-11-24 - AGENDA REPORTS - AMEND ENVIRON PURCHASING PGM (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: November 24, 2009 C? RESOLUTION IMPLEMENTING THE AMENDED ENVIRONMENTALLY PREFERABLE PURCHASING PROGRAM Administrative Services RECOMMENDED ACTION City Council adopt a resolution implementing the amended Environmentally Preferable Purchasing Program. BACKGROUND The City Council has a long-standing policy of supporting sustainable efforts throughout the City and business community. On August 23, 2005, the City Council adopted Resolution 05-103, implementing the Environmentally Preferable Purchasing (EPP) Program. The program introduced broad environmental considerations into the procurement process. The policy covers issues from saving energy to reducing waste. While the policy was intended to be flexible, there have been changes in the intervening years that necessitate amending the original policy. Staff is also taking this opportunity to put the policy into the standard format for City policies. The Environmental Protection Agency (EPA) encouraged the development of a certification standard for sustainable electronic equipment, beginning with personal computers, under a grant to the Green Electronics Council. The program evolved into the Electronic Product Environmental Assessment Tool (EPEAT). In January of 2007, Executive Order 13423 required all federal agencies to purchase 95% of all electronics from the EPEAT list of registered products, unless there was no standard available for the equipment purchased. Through the efforts of the Information Technology Division, the City exceeds this standard. The amended policy incorporates the EPEAT requirements. A significant element of reducing waste contributions to landfills is recycling. Recognizing the impact of government spending on sustaining the recycling industry, the State has imposed requirements on the procurement of recycled products by local agencies. The California Public Contract Code (PCC) Sections 22150-22154 outline the requirements. This requirement is included in the amended policy. The changes are italicized in paragraphs 3.2.1 and 3.9.4 of the attached policy. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT No increased costs are expected as a result of the policy changes enacted by this item. ATTACHMENTS Resolution Updated EPP Policy 2— RESOLUTION 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, FOR THE ADOPTION OF A PROGRAM REGARDING ENVIRONMENTALLY PREFERABLE PURCHASING . WHEREAS, it is the policy of the City of Santa Clarita to use products and services that have reduced impacts on human health and the environment; and ' WHEREAS, the Environmentally Preferable Purchasing program will have a beneficial effect on the citizens of the City; and WHEREAS, the combined governments of the United States spending exceeds more than a trillion dollars worth of goods and services each year; and WHEREAS, the City's leadership role in helping protect the environment with a EPP program will serve as a model for local businesses and private industry; and WHEREAS, the Environmentally Preferable Purchasing program will build onto the previously approved recycled product procurement resolution (93-09) to enhance working to conserve the natural resources entering the waste stream. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. The City Council hereby adopts the attached policy. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of , 2009. MAYOR ATTEST: CITY CLERK -3- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do 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 day of , 2009, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 2 CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution 09- adopted by the City Council of the City of Santa Clarita, California on , 2009, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of , 2009. Sharon L. Dawson, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk 3 CITY OF SANTA CLARITA I POLICY/PROCEDURE NUMBER SUBJECT ENVIRONMENTALLY PREFERABLE PURCHASING PROGRAM ORIGINAL ISSUE 12/31/2009 1 EFFECTIVE 12/31/2009 CURRENT ISSUE I EFFECTIVE I CATEGORY: SUPERSEDES ADMINISTRATION RESPONSIBLE DEPARTMENT: ADMINISTRATIVE SERVICES STANDARD MANAGEMENT PROCEDURE PURPOSE The purpose is of this Standard Management Procedure is to establish the procedures to be followed for the purchasing of services, supplies, or equipment in the most sustainable manner. POLICY SUSTAINABLE SANTA CLARITA ENVIRONMENTALLY PREFERABLE PURCHASING PROGRAM SECTION 1.0 - STATEMENT OF POLICY It is the policy of City of Santa Clanta to ❑ purchase products that minimize environmental impacts, toxins, pollution, and hazards to worker and community safety to the greatest extent practicable, ❑ institute practices that reduce waste and minimize environmental impacts whenever practicable and cost- effective by increasing product efficiency and effectiveness, but without reducing safety or workplace quality while promoting the fair treatment of all races, cultures and incomes with respect to this policy, ❑ purchase products that include recycled content, are durable and long-lasting, conserve energy and water, use agricultural fibers and residues, reduce greenhouse gas emissions, use unbleached or chlorine free manufacturing processes, are lead-free and mercury -free, and use wood from sustainably harvested forests, ❑ adopt Environmentally Preferable Purchasing (EPP) processes in support of the City's Sustainability Plan, and ❑ encourage vendors, contractors and grantees to implement this program for all products and services provided to City of Santa Clanta SECTION 2.0 - PURPOSE This Program is adopted in order to ❑ conserve natural resources, ❑ minimize environmental impacts such as pollution and use of water and energy, ❑ eliminate or reduce toxins that create hazards to workers and our community, X ❑ reduce materials that are landfilled, ❑ identify environmentally preferable products and distribution systems, ❑ increase the use and availability of environmentally preferable products that protect the environment, ❑ reward manufacturers and vendors that reduce environmental impacts in their production and distribution systems, ❑ create a model for successfully purchasing environmentally preferable products that encourages other purchasers in our community to adopt similar goals SECTION 3.0 - SPECIFICATIONS 3.1 Source Reduction 3 1 1 City of Santa Clanta shall institute practices that reduce waste and result in the purchase of fewer products whenever practicable and cost-effective, but without reducing safety or workplace quality, including but not limited to - ❑ electronic communication instead of printed media, ❑ double -sided photocopying and printing, ❑ washable and reusable dishes and utensils, ❑ rechargeable batteries, ❑ streamlining and computerizing forms, ❑ electronic and 'online" publishing via CD, Internet and intranet, ❑ "on -demand" printing of documents and reports as they are needed and where electronic publishing would be unsatisfactory, ❑ leasing long -life products when service agreements support maintenance and repair rather than new purchases, such as carpets, ❑ sharing equipment and occasional use items such as chippers, ❑ choosing durable products rather than disposable, ❑ reducing product weight or thickness when effectiveness is not jeopardized in products such as, but not limited to, paper and plastic liner bags, ❑ buying in bulk, when storage and operations exist to support it and balanced with the costs of inventory management, ❑ reusing products such as, but not limited to, file folders, storage boxes, office supplies, and furnishings 3.12 City of Santa Clarita shall purchase remanufactured products such as laser toner cartridges, tires, furniture, equipment and automotive parts and fluids whenever practicable, but without reducing safety, quality or effectiveness 3.13 City of Santa Clarnta shall require all equipment bought after the adoption of this program to be compatible with source reduction goals and practices when practicable, including but not limited to ❑ copiers and printers capable of — %— ❑ battery-operated equipment capable of being recharged or using rechargeable batteries, ❑ dishwashing equipment, when washable and reusable dishes and utensils are practicable, ❑ bulk storage and operation 3.14 All buyers shall evaluate short-term and long-term costs in comparing product alternatives, when feasible. This includes consideration of total costs expected during the time a product is owned, including, but not limited to, acquisition, extended warranties, operation, supplies, maintenance, disposal costs and expected lifetime compared to other alternatives Examples of products for which such cost comparisons can indicate significant differences between short- and long-term costs include, but are not limited to, janitorial towels and tissues, parking stops, park benches and tables, office equipment, software and vehicles. 3.1.5 Products that are durable, long lasting, reusable or refillable are preferred whenever feasible. 3.2 Recycled Content Products 3 2 1 A significant element of reducing waste contributions to landfills is recycling Recognizing the impact of government spending on stimulating the recycling industry, the State has imposed requirements on the procurement of recycled products by local agencies The California Public Contract Code (PCC) Sections 22150- 22154 outline these requirements The City will give preference to buying the recycled content products as outlined in the PCC whenever recycled products are available at the same or lesser cost and fitness and quality are equal. Also in accordance with the PCC, the City will require the vendor to certify the recycled content of the products being provided 3 2 2 City staff shall strive to incorporate the requirements the U S EPA has established for various materials, such as those for construction, landscaping, parks and recreation, transportation, vehicles, miscellaneous, and non -paper office products. The programs are known as the Comprehensive Procurement Guidelines (CPG) and Recovered Materials Advisory Notice (RMAN) These programs are updated periodically to identify categories of material for which there are recycled content alternatives and the recommended recycled contents. 3 2 3 Janitorial paper products shall contain the highest postconsumer content practicable, but no less than the minimum recycled content standards established by the U S. EPA Guidelines 3 2 4 Printing paper, office paper, and paper products shall contain the highest postconsumer content practicable, but no less than the minimum recycled content standards established by the United States Environmental Protection Agency (U S EPA) Guidelines (see Definitions) 3.2.5 Copiers and printers bought shall be compatible with the use of recycled content products. When necessary, suppliers shall train equipment maintenance personnel in the appropriate use of recycled products with their equipment 3.2 6 In accordance with California Public Contract Code, Sec 10409, City of Santa Clanta shall purchase recycled lubricating and industrial oil for use in its vehicles and other equipment, as long as it is certified by the American Petroleum Institute (API) as appropriate for use in such equipment (see http://api- ep api orgy/quality/index cfm for information about API's Engine Oil Licensing and Certification System) 3 2 7 When specifying asphalt concrete, aggregate base or portland cement concrete for road construction projects, City of Santa Clarita shall use recycled, reusable or reground materials when practicable, including, but not limited to, in-place recycling of asphalt concrete, aggregate base and portland cement concrete; rubberized asphalt concrete; recycled aggregate base; recycled fly ash content concrete or recycled asphalt concrete 3.2 8 City of Santa Clanta shall specify and purchase recycled -content transportation products, including signs, cones, parking stops, delineators, and barricades, including recycled products approved by the California Department of Transportation (Caltrans) 3 2 9 City of Santa Clanta shall specify and purchase carpet with 100% total recycled PVC backing, solution dyed nylon face fiber and permanent or durable anti -microbial treatment In addition, the City should aim for producer responsibility for accepting old carpet for recycling to ensure future needs for carpet replacement will include the recycling of old carpet 3.3 Forest Conservation 3 3 1 To the greatest extent practicable, City of Santa Clarita shall not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. When possible, City of Santa Clarita shall give preference to wood products that are certified to be sustainably harvested by a comprehensive, performance-based certification system, such as the Forest Stewardship Council Further —9— guidance may be found in the City of Santa Clarita's Hardwood resolution 3.4 Toxins and Pollution 3 4 1 When replacing vehicles, regular diesel shall be phased out and replaced with less polluting alternatives such as low sulfur or bio -diesel, gasoline, compressed natural gas, biobased fuels, hybrids, hydrogen fuel cells and electric batteries 3 4 2 To the extent practicable, no cleaning or disinfecting products (i.e. for janitorial or automotive use) shall contain ingredients that are eye or skin irritants, neurotoxins, carcinogens, mutagens, or teratogens These include chemicals listed by the U S. EPA or the National Institute for Occupational Safety and Health on the Toxics Release Inventory and those listed under Proposition 65 by the California Office of Environmental Health Hazard Assessment If products must be used that contain these toxic materials, ensure that only the minimum amounts are used and the product is disposed of properly (see Definitions) To the extent practicable, cleaning or disinfecting products should include biodegradability, be in concentrated form, be non -aerosol and have a recyclable container made of plastic numbers 1 or 2 3 4 3 The use of chlorofluorocarbon -containing refrigerants, solvents and other products shall be phased out and new purchases shall not contain them. 3 4 4 All surfactants and detergents shall be readily biodegradable and, where practicable, shall not contain phosphates. 3 4 5 All interior paint shall contain the lowest concentrations practicable of volatile organic compounds (VOCs), but as a minimum shall not exceed 50 grams VOC per liter (50g/1) for flat paint and 150 grams per liter (150g/1) for non -flat paints, as determined in accordance with U S EPA Test Method 24, CFR Title 40, Part 60, Appendix A For exterior paints, preference shall be given to paints containing at least 50 percent recycled content (post-industrial and postconsumer) and/or VOC concentrations less than 150g/1(U S EPA Test Method 24) All adhesives shall meet South Coast Air Quality Management District Rule 1168 3 4 6 City of Santa Clanta shall reduce or eliminate its use of products that contribute to the formation of dioxins and furans. This includes, but is not limited to ❑ Purchasing paper, paper products, and janitorial paper products that are unbleached or that are processed without chlorine or chlorine derivatives, whenever possible. Processed chlorine free (PCF) paper is preferred. Elemental chlorine free (ECF) processes should include enhanced processes such as extended and oxygen delignification whenever possible. Vendors and successful bidders shall supply certification of the paper's chlorine free processing status from either a recognized certifying organization or the pulp and paper manufacturer ❑ Prohibiting purchase of products that use polyvinyl chloride (PVC) such as, but not limited to, binders, flooring, and medical supplies whenever practicable 3 4.7 City of Santa Clarita shall purchase products and equipment with no lead or mercury whenever possible, including automotive vehicles, equipment and lighting. For products that contain lead or mercury, City of Santa Clanta shall give preference to those products with lower quantities of these metals and to vendors with established lead and mercury recovery programs 3 4 8 To facilitate the reprocessing of paper waste the City shall call for the use of soy/vegetable based inks for all printing. Graphics will continually monitor industry trends towards more environmentally friendly inks 3.5 Energy and Water Savings 3 5 1 Where applicable, energy-efficient equipment shall be purchased with the most up-to-date energy efficiency functions When necessary, suppliers or manufacturers shall train equipment operators and maintenance personnel in the proper enabling and use of energy efficient and sleep mode functions on their equipment. New and replacement equipment/fixtures will incorporate the requirements of this section. 3 5.2 When practicable, City of Santa Clarnta shall replace inefficient lighting with energy efficient equipment Incandescent, mercury vapor and T12 fluorescent lamps should be replaced with compact fluorescent lamps, high-intensity discharge (HID) fixtures and low -mercury T8 or T5 fluorescent lamps. The magnetic ballasts used in older fluorescent lighting should be replaced with electronic ballasts New lighting should be designed to use no more than 85% of the power allowed by Title 24 Energy Code Purchasers shall require vendors to recycle discarded lighting fixtures and lamps appropriately, with an emphasis on lowering mercury levels in energy efficient lighting Staff will continue to investigate technologies that reduce the energy requirements of existing lighting such as sensors, timers and frequency regulators 3 5 3 All appliances purchased by City of Santa Clanta and for which the U S EPA Energy Star certification is available shall meet Energy Star certification Typically, this would include motors/pumps, exhaust fans, water heaters, computers, exit signs, water coolers and appliances such as refrigerators, dishwashers and microwave ovens 3 5 4 When Energy Star labels are not available, choose energy efficient products that are in the upper 25% of energy efficiency as designated by the Federal Energy Management Program. 3 5 5 Wherever City of Santa Clarita replaces roofs, Energy Star -qualifying roof materials shall be used. 3.5.6 City of Santa Clarita shall purchase high efficiency space heating systems that use natural gas rather than electricity, and have an annual fuel utilization efficiency (AFUE) of 0 86 or greater, whenever practicable 3 5.7 City of Santa Clarita shall purchase high efficiency space cooling equipment with an energy efficiency rating (EER) of 115 or greater, whenever practicable 3 5 8 City of Santa Clarita shall purchase water -saving products whenever practicable 3.6 Green Building - Construction and Renovations 3.6.1 Proposals for project design will include fundamental building systems commissioning services (preferably independent of the design team) for independent review of plans and designs, participation in design charettes, to ensure building systems function as designed, to review outstanding commissioning issues within one year of project completion, and provide building operations/maintenance staff training and a building systems manual 3 6 2 All building and renovations undertaken by City of Santa Clanta shall follow Green Building practices for design, construction, and operation, as specified in the appropriate US Green Building Council Leadership in Energy and Environmental DesignTM (LEED) criteria 3 6 3 All newly constructed City of Santa Clanta-sponsored buildings shall incorporate sufficient green building methods and techniques to qualify for the equivalent of a LEEDTM Rating System Silver certification (see Definitions) 3 6 4 Renovation of City of Santa Clanta-sponsored buildings shall achieve as many pre -requisites and credits as feasible as described in the LEEDTM Rating System for Existing Buildings Pilot Phase and any subsequent version adopted (see Definitions) 3 6 5 City of Santa Clarita shall work with residents, businesses, and other members of the community, including architects, builders and contractors, to encourage private development within the City to use green building methods and practices and to achieve standards set by LEEDTM for commercial buildings and the in consultation with appropriate City departments 3.7 Waste Minimization 3.7.1 City of Santa Clarita requires vendors to eliminate packaging or use the minimum amount necessary for product protection, to the greatest extent practicable 3 7 2 Packaging that is reusable, recyclable or compostable is preferred, when suitable uses and programs exist. 3 7.3 Vendors shall be encouraged to take back and reuse pallets and packaging materials 3 7 4 Suppliers of electronic equipment, including but not limited to computers, monitors, printers, and copiers, shall be required to take back equipment for reuse or environmentally safe recycling when City of Santa Clanta discards or replaces such equipment, whenever possible. 3.8 Landscaping 3 8 1 Workers and contractors providing landscaping services for City of Santa Clanta shall employ sustainable landscape management practices whenever possible, including. ❑ The use of Integrated Pest Management (IPM), including minimal pesticide use is encouraged ❑ Grasscycling (leaving the clippings on the lawn) or mulching mowers is required for at least 50% of all mowings ❑ Pruning shall be done on an as needed basis Thinning is the preferred method of pruning Minimal heading or shearing is encouraged ❑ Fertilizing should be done on an as needed basis, as indicated by a soil analysis Slow release and/or organic fertilizers are preferred ,_/ b ❑ Irrigation scheduling based on weather (evapo-transpiration rates) is required whenever possible Drip irrigation is preferred whenever practical ❑ Turf areas where drip irrigation is not appropriate should be limited to walking and play surfaces All other landscaping (such as for views) should be accomplished with low-water plantings. ❑ Recycling of plant debris by composting and/or maintaining a minimum 2 -inch layer of mulch under all trees, shrubs and groundcovers and a minimum 3 -inch layer in all open areas is strongly encouraged Allowing leaf drop to become part of the mulch layer in tree, shrub and groundcover areas is preferred 3.8.2 Plants should be selected to minimize waste by choosing species that are appropriate to the microclimate, species that can grow to their natural size in the space allotted them and perennials rather than annuals for color. Native and drought -tolerant plants that require no or minimal watering once established are preferred 3 8 3 To the greatest extent practicable, City of Santa Clarita shall not procure mulch products that originate from forest products. When possible, City of Santa Clanta shall give preference to mulch products that are produced on-site or from regionally generated plant debris. 3 8 4 To the greatest extent practicable, City of Santa Clarita shall procure compost that is produced from feedstock that includes at least 50%, by volume, regionally generated plant debris and/or food waste and less than 0 5% by volume, physical contaminants. The compost shall be processed in accordance with California Code of Regulations, Title 14, Chapter 3, Article 7, Sections 17868.2-3 to promote pathogen reduction and weed seed kill and minimize heavy metal concentrations 3 8 5 Hardscapes and landscape structures constructed of recycled content materials are encouraged Concrete substitutes are encouraged for walkways, such as rosin emulsion paving 3.9 Agricultural Bio -Based Products 3.9.1 Vehicle fuels made from non -wood, plant -based contents such as vegetable oils are encouraged whenever practicable. 3 9 2 Paper, paper products and construction products made from non -wood, plant -based contents such as agricultural crops and residues are encouraged whenever practicable 3.9 Electronics 3.9.1 As technology advances have brought about an exponential increase in the manufacture of electronic items, the impact of obsolescence caused waste has been significant. Changing technology has brought the life expectancy of some items down to as little as two years Additionally, current electronics manufacture is resource intensive and involves some toxic materials such as heavy metals A maximum preference of 5% of price or 5% of the total points possible may be awarded for vendor products meeting any of the criteria specified in 3 9.2 through 3 9 4 3 9 2 Electronic equipment procurement policies shall seek to preserve resources by reducing the purchase frequency and pursuing upgrade opportunities to the extent feasible Items containing more than 20% recycled material by content may qualify for a preference. 3 9.3 Acquisitions for electronic equipment should include "take back" provisions. Vendors shall be required to accept replaced equipment for recycling and proper disposal Where possible, acquisitions shall require vendor to accept equipment back for recycling and proper disposal when it has reached the end of its useful life or is no longer working. 3 9 4 To assist in managing a rapidly changing technology, the Environmental Protection Agency (EPA) encouraged the development of a certification standard for sustainable electronic equipment, beginning with personal computers, under a grant to the Green Electronics Council. This program evolved into the Electronic Product Environmental Assessment Tool (EPEAT). In January of 2007 Executive Order 13423 required all federal agencies to purchase at 95% of all electronics from the EPEAT list of registered products unless there was no standard available for the equipment purchased Recognizing that electronics is one of thefastestgrowing sources of hazardous waste, the City will purchase at least 95% of all electronic products from the list of EPEAT registered equipment where there exists an EPEAT standard Further, the City will make at least 85% of its purchases from the Silver level tier or above. 3 9 5 Specifications for electronic equipment shall give preference to equipment manufactured with less toxic components or processes 3 9.6 Upon installation, electronic equipment will have all energy management features activated as the default setting SECTION 4.0 - DEFINITIONS 4 1 "Agricultural Bio -Based Products" means commercial or industrial products (other than food or feed) that utilize agricultural crops or residues but does not include products made from forestry materials 4 2 "Buyer" means anyone authorized to purchase on behalf of this jurisdiction or its subdivisions 4 3 "Chlonne free" means products processed without chlorine or chlorine derivatives 4 4 "Contractor" means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor or other entity that has a contract with City of Santa Clarita or serves in a subcontracting capacity with an entity having a contract with City of Santa Clarita for the provision of goods or services. 4.5 "Dioxins and furans" are a group of chemical compounds that are classified as persistent, bioaccumulative, and toxic by the Environmental Protection Agency 4 6 "Elemental Chlorine Free" (ECF) bleaching processes replace elemental chlorine gas with a chlorine derivative as the bleaching agent There is a wide range of different bleaching sequences covered under this term While all ECF processes significantly reduce the amount of dioxins created in the bleaching process, those that include enhanced processes such as extended and oxygen delignification achieve the greatest reduction 4.7 "Energy Star" means the U.S. EPA's energy efficiency product labeling program described at http•//www energystar.gov 4 8 "Energy Efficient Product" means a product that is in the upper 25% of energy efficiency for all similar products, or that is at least 10% more efficient than the minimum level that meets Federal standards 4.9 The "Forest Stewardship Council" is a global organization that certifies responsible, on -the -ground forest management according to rigorous standards developed by a broad variety of stakeholder groups (http.//fscus org/html/) 4.10 "LEED" Rating System" means the self -assessing system, Leadership in Energy and Environmental Design, developed by the U S. Green Building Council designed for rating new and existing commercial, institutional, and high-rise residential buildings. Credits are earned for satisfying defined cnteria and standards. Different levels of green building certification are awarded based on the total credits earned. The LEEDTM Green Building Rating System is described at http.//www us b� c org 4 11 "Postconsumer Material" means a finished material which would normally be disposed of as a solid waste, having reached its intended end-use and completed its life cycle as a consumer item, and does not include manufacturing or converting wastes. 4 12 "Practical" and "Practicable" mean whenever possible and compatible with state and federal law, without reducing safety, quality, or effectiveness 4.13 "Preconsumer Material" means material or by-products generated after manufacture of a product is completed but before the product reaches the end-use consumer. Preconsumer material does not include mill and manufacturing trim, scrap, or broke which is generated at a manufacturing site and commonly reused on-site in the same or another manufacturing process 4 14 "Processed Chlorine Free (PCF)" refers to a recycled product in which the recycled content is produced using no chlorine or chlorine derivatives. Any virgin content in the product must also be produced in a chlorine free system 4 15 "Proposition 65" means a list of chemicals that are known to the State of California to cause cancer, birth defects or other reproductive harm The list is maintained by the California Office of Environmental Health Hazard Assessment (http://www oehha ca gov/12ro1265.1itm1). 4 16 "Recovered Material" means fragments of products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes preconsumer and postconsumer material but does not include excess resources of the manufacturing process. 4.17 "Recycled Content" means the percentage of recovered material, including preconsumer and postconsumer materials, in a product. 4 18 "Recycled Content Standard" means the minimum level of recovered material and/or postconsumer matenal necessary for products to qualify as "recycled products " 4.19 "Recycled Product" means a product that meets City of Santa Clarita's recycled content policy objectives for postconsumer and recovered material. _la_ 4.20 "Remanufactured Product" means any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to its original form. 4 21 "Reused Product" means any product designed to be used many times for the same or other purposes without additional processing except for specific requirements such as cleaning, painting or minor repairs. 4 22 "Source Reduction" refers to products that result in a net reduction in the generation of waste compared to their previous or alternate version and includes durable, reusable and remanufactured products; products with no, or reduced, toxic constituents, and products marketed with no, or reduced, packaging. 4 23 "Title 24" means the State of California's energy efficiency standards for residential and nonresidential buildings (Title 24, Part 6) maintained by the California Energy Commission and described at http• / /www. energy. ca.gov/title24. 4.24 The "Toxics Release Inventory" (TRI) is a publicly available U S EPA database that contains information on toxic chemical releases and other waste management activities reported annually by certain covered industry groups as well as federal facilities It includes chemicals that are classified as carcinogens under the requirements of the Occupation Safety and Health Administration (OSHA) Lists can be obtained from http•//www epa gov/tri/chemical/index.htm. 4.25 "U S EPA Guidelines" means the Comprehensive Procurement Guidelines established by the U.S. Environmental Protection Agency for federal agency purchases as of May 2002 and described at http //www epa.gov/epaoswer/non-hw/procure/products htm, or as updated 4.26 "Water -Saving Products" are those that are in the upper 25% of water conservation for all similar products, or at least 10% more water -conserving than the minimum level that meets the Federal standards SECTION 5.0 - PRIORITIES 5 1 The health and safety of workers and citizens is of utmost importance and takes precedence over all other policies. 5 2 The City of Santa Clarita considers sustainability to be the foundation of lasting quality of life improvement programs Environmentally Preferred Purchasing is a key step in leading the business community and residents towards that goal 5 2 City of Santa Clarita has made significant investments in developing a successful recycling system and recognizes that recycled content products are essential to the continuing viability of that recycling system and for the foundation of an environmentally sound production system Therefore, to the greatest extent practicable, recycled content shall be included in products that also meet other specifications, such as chlorine free or bio - based 5 3 Nothing contained in this program shall be construed as requiring a department or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time. 5 4 Nothing contained in this program shall be construed as requiring the City of Santa Clanta, department or contractor to take any action that conflicts with state or federal requirements. SECTION 6.0 - IMPLEMENTATION 6 1 Environmental Services shall help departments implement this program through development of an advisory committee consisting of members representing Environmental Services, Purchasing, Information Technology, and each department The team's responsibilities shall include, but are not limited to: ❑ evaluating opportunities for substituting environmentally preferable products, ❑ designing and implementing programs and processes for increasing the purchase of environmentally preferable products, ❑ educating managers and staff about City of Santa Clanta's Environmentally Preferable Purchasing Program, ❑ ensuring that purchasing documents, specifications, and contracting procedures do not contradict each other and do not deter or inhibit the purchase of environmentally preferable products, -/3- ❑ providing information to facilitate the evaluation and purchase of environmentally preferable products, including identifying appropriate products and sources and providing technical assistance, ❑ evaluating obstacles to purchasing such products in order to create solutions, and ❑ tracking and recording progress in achieving successful results. 6 2 In compliance with State law, vendors shall be required to specify the minimum or actual percentage of recovered and postconsumer material in their products, even when such percentages are zero. 6.3 Vendors and successful bidders shall verify and report any environmentally preferable purchasing attributes in writing This requirement for certification applies to products for which the vendor or successful bidder claims such attributes as apply to the product, including, but not limited to, recycled content, chlorine free, non-toxic, reduced toxicity, sustainable forestry, and energy-saving features. 6.4 Buyers making the selection shall provide a written explanation for not selecting product choices that meet the environmentally preferable purchasing criteria in this policy Such written explanations shall be filed with the Purchasing Agent within 15 days of making the product choice (see Attachment for sample procurement determination form) 6 5 All contracts and grants providing services or products to the City of Santa Clarita shall adhere to the guidelines stated in this program to the extent possible SECTION 7.0 - PROGRAM EVALUATION AND MEASUREMENT 7 1 Environmental Services shall institute a system for tracking the purchases of environmentally preferable products Whenever practicable, vendors will be required to provide reports on their sales of environmentally preferable products to assist City of Santa Clarita in this tracking 7 2 Each Department will report EPP procurements to the Environmental Services Manager each quarter. The reports will identify the type of commodity purchased, the dollar value and the qualifying attributes of the commodity 7.3 The Environmental Services Manager shall provide a narrative report annually to the City Council on the success of this policy's implementation To the extent practicable, such report shall include information on the annual volume and dollar amount of environmentally preferable products purchased compared to the total amount of products purchased, within general product categories When possible, reports shall include a narrative evaluation of the performance, safety, and environmental benefits achieved through use of the environmentally preferable products purchased Reports should relate progress in meeting the objectives of this Policy as stated in Sections 1.0 and 2 0 and in accordance to the Specifications categories used in this Policy This report will become one element of the City's Sustainability Program to be shared with the community The report will also be included in quality of life evaluations 7 4 Reports shall include notation of any barriers encountered in procurement of environmentally preferable products, recommendations for resolution, and/or description of assistance needed for overcoming the obstacles SECTION 8.0 - EFFECTIVE DATES 8 1 This policy shall take effect on December 1, 2009 8 2 The first annual report shall be issued within one year following the effective date of this policy. EXCEPTION Exceptions to this policy may be authorized by the City Council. EFFECTIVE DATE This policy will be implemented, effective December 1, 2009 AUTHORITY the City Council on November 24, 2009. Kenneth R. Pulskamp, City Manager Attachment ATTACHMENT A Sample Procurement Determination Form Item This item is required to meet Environmentally Preferable Purchasing guidelines as described in Resolution XX -XX. I have considered the Environmentally Preferable Purchasing guidelines and searched for product or service options that meet them. Compliance with Resolution XX -XX was not attainable for this purchase because. Item is not available within a reasonable period of time. (Need date Date available: ) Item fails to meet a performance standard in the specifications. Specifically, Item is not available, or is not available from 2 or more sources. Market research was performed by calling (insert number) vendors, but only (enter name) was able to supply the item _ Item was only available at an unreasonable price (i.e , EPP item cost more than non-compliant item). Price of EPP item: Price of non-compliant item: Compliance would conflict with state or federal law requiring that: Signature of Purchaser Printed Name of Purchaser Date