ORDINANCE NO. 990168

Amending Chapter 2 of the Code of Ordinances, entitled Administration, by repealing Section 2-1871, entitled Use and purchasing generally, and enacting in lieu thereof a new section of like number establishing an environmentally preferable procurement policy.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 2 of the Code of Ordinances, entitled Administration, is hereby amended by repealing Section 2-1871 therein, entitled Use and purchasing generally, and enacting in lieu thereof a new Section 2-1871, said section to read as follows:

Sec. 2-1871. Environmentally preferable procurement policy.

(a) Purpose. This section shall be known as the Kansas City Environmentally Preferable Procurement Policy. Its purpose is to support markets for recycled and other environmentally preferable products by affirmatively encouraging City departments, offices, agencies and contractors to buy and use such products whenever practicable and to encourage vendors to make such products available in the marketplace. It is the Citys long term objective to integrate environmentally preferable policies into all City purchases. Decisions relating to the implementation of this policy shall initially be made by the specifying department with the understanding that the purchase of recycled and environmentally preferable products is an affirmative policy of the City.

(b) Definitions. The following terms shall have the assigned definitions for all purposes under this policy:

(1) Compost products means mulch, soil amendments, ground cover, or other landscaping material derived from the biological or mechanical conversion of cellulose-containing waste materials.

(2) Environmentally preferable products means products that have a lesser or reduced effect on human health and the environment when compared with competing products that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, and disposal of the product.

(3) Post-consumer recycled material means only those products generated by a business or consumer which have served their intended end uses, and which have been separated or diverted from the solid waste stream for the purposes of collection, recycling and disposition.

(4) Practicable means sufficient in performance and available at a reasonable price.

(5) Price preference means a percentage by which offered prices for recycled or environmentally preferable products are temporarily reduced solely for purposes of bid evaluation and comparison.

(6) Recyclable product means a product which, after its intended end use, can demonstrably be diverted from the City solid waste stream for use as a raw material in the manufacture of another product.

(7) Recycled material means material and byproducts that have been recovered or diverted from solid waste and that can be utilized in place of raw or virgin material in manufacturing a product. It is derived from post-consumer recycled material, manufacturing waste, industrial scrap, agricultural waste, and other waste material, but does not include material or byproducts generated from, and commonly reused within, an original manufacturing process.

(8) Recycled product means a product containing recycled material.

(9) Life cycle costing means the identification and inclusion of all direct and indirect costs associated with a particular product or material. This includes the initial cost of purchase, anticipated maintenance and repair and the direct and indirect disposal costs associated with disposal or removal of the product at the end of its useful life. Wherever practicable, a full cost accounting methodology shall be applied in life cycle costing.

(10) Full cost accounting means the identification and inclusion of all direct and indirect costs associated with providing a particular service or program.

(11) Contractor means any person, group or group of persons, consultant, association, partnership, corporation or other business entity that has a contract with the City (including suppliers) or serves in a subcontracting capacity with an entity having a contract with the City for the provision of goods or services.

(c) Policies.

(1) The Mayor, City Manager and City Council shall strongly support and aggressively implement the Kansas City Environmentally Preferable Procurement Policy.

(2) All department, offices and agencies shall, whenever cost effective and to the extent reasonably practicable, use and require their contractors and consultants to use, environmentally preferable products with the maximum amount of recovered materials.

(3) The Commissioner of Purchases and the Environmental Management Department with the guidance of the Coordinating Committee on Environmentally Preferable Procurement shall maintain minimum content standards for the purchase of certain designated products, such as a minimum post-consumer recycled content or specific limitations on hazardous materials.

(4) The Commissioner of Purchases shall establish a price preference of up to fifteen percent (15%) for recycled and other environmentally preferable products. This price preference shall be established in advance of any bid and may be modified from time to time in the discretion of the Commissioner of Purchases with the objective of maximizing the Citys purchase of environmentally preferable products to the extent practicable. Varying price preferences may be established for different products and for the same product from time to time, subject to the maximum fifteen percent (15%) limitation.

(5) All departments, offices and agencies shall make every reasonable effort to ensure that their contractors use recycled paper in printed materials, and that it bears the imprint identifying the recycled content whenever practicable, and that such contractors use both sides of paper sheets whenever practicable.

(6) Departments, offices and agencies may specify recycled content or other environmentally preferable standards higher than the minimum standards established by this policy.

(d) Coordinating Committee on Environmentally Preferable Procurement. There is hereby created a Coordinating Committee on Environmentally Preferable Procurement, to serve without compensation. It shall be the duty of the Coordinating Committee on Environmentally Preferable Procurement to meet not fewer than ten times each year for the purpose of developing environmentally preferable procurement practices, coordinating the implementation of this Kansas City Environmentally Preferable Procurement Policy and recommending to the City Council, the Commissioner of Purchases, and the Environmental Management Director the ways and means of improving environmentally preferable procurement by the City, its departments, offices, agencies and contractors. The Committee shall consist of: one member of the City Council; one member of an environmental organization with offices in Kansas City; one representative of a Kansas City business committed to environmentally preferable purchasing practices; and the Directors of four City departments with significant purchasing responsibilities, or their designated representatives; all of whom shall be appointed by, and serve at the pleasure of, the Mayor. In addition the following shall also serve on the Committee:

(1) The City Manager or a designated assistant who shall serve as chairperson;

(2) The Commissioner of Purchases or a designated representative;

(3) The Director of Environmental Management or a designated representative;

(4) One member of the Environmental Management Commission designated by that Commission;

(5) The Jackson County Purchaser or a designated representative. The Director of Environmental Management shall be the secretary and shall provide administrative support for the Committee.

(e) Responsibilities of Environmental Management Department. The Environmental Management Department shall:

(1) Serve as a resource to the Commission of Purchases and the Coordinating Committee to provide environmental expertise and to assist the Purchasing Division in the exercise of its responsibilities under this policy.

(2) Serve on such committees and task forces as may reasonable be requested by the Commission of Purchases or otherwise required to aid in the implementation of this policy.

(3) Provide a resource to the Commission of Purchases and City departments, offices and agencies to develop and maintain information about environmentally preferable products and recycled products and to encourage the implementation of this policy throughout City departments.

(4) Develop and maintain information about environmentally preferable products and recycled products containing the maximum practicable amount of recycled materials available for purchase by departments, offices and agencies whenever possible. Initially, these shall include the products designated in paragraph (h) of this Section.

(5) Assist the Commissioner of Purchases, as requested, in gathering information necessary for the submission of an annual report to the City Council as provided in Section (f)(5) hereof.

(6) Publicize the progress of policy implementation.

(f) Responsibilities of Commissioner of Purchases. The Commissioner of Purchases shall:

(1) Develop and maintain information about environmentally preferable products and recycled products containing the maximum practicable amount of recycled materials, available for purchase by departments, offices and agencies whenever possible. Initially, these shall include the products designated in paragraph (G) of this Section. The Commissioner of Purchases may modify this list as the Commissioner determines to be appropriate.

(2) Inform departments, offices and agencies to review policy requirements and new procurement opportunities, and to monitor the status of policy implementation product research results.

(3) Disseminate information on recycled and environmentally preferable product procurement opportunities, specifications, and performance to departments, offices and agencies.

(4) Communicate with departments, offices and agencies to review policy requirements and new procurement opportunities, and to monitor the status of policy implementation product research results.

(5) Submit an annual report to the City Council reflecting the implementation status of the procurement program, including:

(i) A compilation of procurement data collected from all departments and other parties charged with implementation responsibility under this policy,

(ii) An account of the current status of product evaluations conducted by departments,

(iii) An assessment of procurement program effectiveness, an evaluation of program goals, and projections of future procurement opportunities, and

(iv) Recommendations for changes in procurement policy.

(6) Provide a readily accessible opportunity for other City departments, offices and agencies to provide input, feedback and recommendations for changes to the Kansas City Environmentally Preferable Procurement Policy and its implementation.

(7) Require that vendors utilized by the Purchasing Division maintain and report to the City the quantity and quality of recycled and environmentally preferable products purchased through the Purchasing Division during each fiscal year.

(g) Responsibility of all other City departments, offices and agencies. Each City department, office and agency shall:

(1) Survey existing service and product specifications to determine whether existing requirements require the use of products manufactured from virgin materials or in any manner exclude recycled, refined, remanufactured, reusable or renewable products or materials and to report the results of such survey to the Commissioner of Purchases and Environmental Management Director.

(2) Evaluate each recycled or environmentally preferable product designated by the Commissioner of Purchases to determine the extent to which the product may be practicably used by the department, office or agency and its contractors.

(3) Purchase recycled products with the maximum amount of recycled materials practicable.

(4) Ensure that contracts issued by the department, office or agency require recycled and environmentally preferable products wherever practicable.

(5) Ensure that contracts issued by the department, office or agency for recycled products require the maximum practicable amount of recycled material and that contractors provide certification of this content and report amounts used.

(6) Ensure that all printing by City departments, offices or agencies use recycled paper and bear the chasing arrow logo or other imprint identifying it as such, wherever practicable.

(7) Whenever recycled content products are used, reasonable efforts shall be undertaken to label the products to indicate that they contain recycled material.

(8) Use both sides of paper sheets whenever practicable in printing and copying.

(9) Ensure that requests for bids and proposals issued by the City require that, whenever practicable, contractors use recycled paper and both sides of paper sheets.

(10) As requested by the Commissioner of Purchases, report the progress of policy implementation by the department to the Commissioner of Purchases, including the status of product evaluations conducted by the department and types of environmentally preferable products purchased by the department and its contractors; and specifically address problems, satisfactions and recommendations.

(11) Report total purchases of environmentally preferable, recycled, and non-recycled products by the department and its contractors annually to the Commissioner of Purchases.

(12) Reporting requirements under this policy shall be addressed by the department, office or agency ordering or requesting the product and not the department, office or agency to whom it is shipped or which uses the product to produce an item requested by another department, office or agency.

(h) Environmentally preferable products. The Commissioner of Purchases shall periodically designate certain products or product lines as targets for environmentally preferable City purchases. The Environmental Management Director, the Coordinating Committee and all City departments shall cooperate with the Commissioner of Purchases to examine purchases within those targeted lines and explore alternative environmentally preferable products to the fullest extent reasonably practicable. The following product lines are initially designated as areas of focus for environmentally preferable purchases:

(1) Paper and paper products.

(2) Compost products.

(3) Horticultural mulch made with recycled land clearing and other wood debris.

(4) Construction aggregates made with recycled content concrete, glass or asphalt.

(5) Cement and asphalt concrete containing glass cullet, recycled fiber or plastic, tire rubber, or fly ash.

(6) Lubricating oil and hydraulic oil with re-refined oil content.

(7) Antifreeze.

(8) Recycled plastic products.

(9) Remanufactured tires and products made from recycled tire rubber, including rubber mats and play field surfaces.

(10) Insulation products.

(11) Paint.

(12) Remanufactured laser printer toner cartridges.

(13) Alternative fuels and automotive products

(14) Cleaning products..

(15) Other products as designated by the Commissioner of Purchases.

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Approved as to form and legality:

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Assistant City Attorney