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.
___________________________________________________
Approved
as to form and legality:
______________________________
Assistant
City Attorney