HomeMy WebLinkAboutOrdinances_2829 ORDINANCE NO. 2829
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER
2.16 OF THE REDLANDS MUNICIPAL CODE RELATING TO
PROCUREMENT THROUGH AUCTION, LOCAL BUSINESS
PREFERENCES, AND REQUIREMENTS FOR THE USE OF RECYCLED
MATERIALS IN THE PROCUREMENT PROCESS
WHEREAS, on December 6, 2011, the City Council of the City of Redlands adopted
Ordinance No. 2761 which established local preferences for the procurement of goods, services
and construction in order to promote business retention within the City and the economic health
of the City; and
WHEREAS, pursuant to the provisions of Ordinance No. 2761, such Iocal business
preferences expired on December 31, 2015; and
WHEREAS, based upon the recormnendation of City procurement staff, it is the desire of
this City Council to reestablish such local preferences without any termination date to continue
to promote business retention and the economic health of the City; and
WHEREAS, it is further the desire of the City Council to codify within the Redlands
Municipal Code the City's various existing policies relating to procurement and the use of
recycled materials to enhance sustainability within the City;
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. Subsection 2.16.160 F, entitled "Purchase Through Auction," is hereby
added to the Redlands Municipal Code to read as follows:
"2.16.160 F Purchase Through Auction. From time to time, the City may procure
goods through auction when such are offered up for bid, and which are subject to any
limitations imposed by state or federal law. Prior to participating in an auction, City staff
shall inform the Purchasing Agent and Department Director and shall prepare and
provide a written justification describing the goods sought, estimated cost, and the not-to-
exceed budgeted amount proposed to be spent at the auction, and obtain approval per the
procurement limits established in this section 2.16.160."
Section 2. Subsections 2.16.220 B through F of the Redlands Municipal Code,
relating to the establishment of City and County of San Bernardino local preferences for the
City's procurement processes, are hereby deleted in their entirety.
Section 3. Subsection 2.16.220 G of the Redlands Municipal Code, relating to
recycled goods in the City's procurement process, is hereby deleted in its entirety and
renumbered as Subsection 2.16.220 B and rewritten to read as follows:
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"2.16.220 B Recycled Goods. Whenever practicable, all City Departments shall use
recycled content products and recycled materials to meet their needs. This subsection is
enacted to facilitate compliance with State requirements and to foster the development of
new, improved markets for recycled products.
A. Definitions. For purposes of this Chapter, the following words shall have the
meanings ascribed to them:
(1) Practicable — Available within a reasonable time period; the recycled
product shall be of equal or better quality or value at either no or minimal
additional cost and subject to consideration of product durability as a criterion of
the cost or value of the product.
(2) Pre-Consumer — Materials or by-products generated after manufacturing
of a product is completed, but before the product reaches the consumer. Examples
of pre-consumer recovered materials include, but are not limited to, obsolete
inventories of finished goods, rejected unused stock and paper wastes generated
during printing, cutting and other conversion operations.
(3) Past-Consumer Recycled Materials — A finished material or product that
has served its intended use and would normally be disposed of as solid waste.
Examples of post-consumer recovered materials include, but are not limited to,
old newspaper, office paper, green waste (yard waste), steel, glass, aluminum
cans, plastic bottles, oil, asphalt, concrete and tires.
(4) Recycled Material — Waste material and by-products that have been
recovered or diverted from the solid waste stream and can be utilized in place of
raw or virgin material in a product. Recycled content materials may consist of
material derived from post-consumer waste, manufacturing waste, industrial
scrap, agricultural waste and other items, all of which can be used in the
manufacture of new products.
B. City Departments' procurement of recycled content products:
(1) All Departments shall use recycled content products whenever practicable.
Special emphasis shall be placed on the purchase of products manufactured with
post-consumer recycled materials.
(2) Whenever practicable, recycled materials shall be procured and used in City
operations (e.g., recycled paper shall be used in copy machines and for printing
purposes by Departments).
(3) All Departments may require procurement of designated recycled content
products above levels required by this subsection.
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(4) The City shall require its contractors and consultants to use recycled content
products in fulfilling contractual obligations whenever practical.
(5) The City shall promote the use of recycled content products publicizing its
procurement policy whenever practicable (e.g., use of recycling symbol and
statement on recycled content products).
(6) A life cycle cost analysis may be an appropriate tool for Departments to use
when evaluating purchasing alternatives. Life cycle cost should reflect the annual
cost of the product calculated over the life of the product and should consider
final costs, not just initial up-front costs. A life cycle cost analysis may include
factors such as capital costs, installation costs, maintenance costs, energy and
other operating costs, and disposal costs which may utilize the "Best Value"
procurement method.
(7) The City shall procure recycled products, if the product fitness and quality are
equal to the non-recycled product and available at the same or lesser total cost
than non-recycled items. These products shall include paper products, printing
and writing papers, mulch, compost, and co-compost products, glass products,
lubricating oils, plastic products, paint, antifreeze, tires, tire-derived products and
metal.
(8) The City will favorably consider the selection of other recycled and
environmentally preferable materials, products and supplies over their non-
recycled or non-enviro>unentally preferable alternatives when the availability,
fitness, operational efficiency, quality, safety, and price of the recycled or
enviromnentally preferable product is equal to, or better than, the non-recycled or
non-environmentally preferable alternative. The list of materials, products, and
supplies shall include, but not be limited to, business office products, alternative
fuels, rubberized asphalt, and other items.
(9) Departments are encouraged to consider less toxic alternatives when
purchasing products or services such as pesticides or pest control services, and to
purchase energy and water conserving products whenever possible.
C. The Finance Director, or the Director's designee, shall coordinate implementation
of this subsection. Duties of the Finance Director, or the Director's designee, for
implementation of the subsection include:
(1) Establishment of a list of recycled products for purchase by all Departments
when practicable and review of purchase requests to encourage the substitution of
recycled products when practicable.
(2) Maintenance of a Iist and standard specifications and, the undertaking of a
periodic review of available products. Products may be added as they become
available.
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(3) Giving preference to approving and promoting the purchase of products with
the highest post-consumer content, all other considerations being equal.
D. City Departments shall be responsible for the following:
(1) City staff shall identify the recycled content products available and the
vendors ti-om whom such products are available for purchase. This information
shall be compiled and provided to the Finance Director, or the Director's
designee, and the Sustainability Manager, when practical.
(2) Departments shall. evaluate the recycled products on the established list and
shall make efforts to purchase recycled products when practicable."
Section 4, The City Council finds and detern-rines that it can be seen with Certainty that
there is no possibility that the adoption of this ordinance may have significant effect on the
environment and therefore such action is exempt from environmental review pursuant to section
15061(b)(')) of the state's guidelines implementing the California Environmental Quality Act.
Section 5, The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a sumniary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect as provided by law.
Paul W. Foster, Nyor
ATTEST:
Sam lrwiii�,-6ty"Clerk
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1, Sam Irwin, City Clerk, City of Redlands, hereby certify that the foregoing ordinance was duly
adopted by the City Council at the regular meeting thereof, held on the 19th day of April, 2016,
by the following vote:
AYES: Councilmembers Harrison, Gilbreath, Barich, James; Mayor Foster
NOES: None
ABSENT: None
ABSTAIN: None
Sam Irwin, '—ffy' Leri /-
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