HomeMy WebLinkAboutRES NO 106-09
RESOLUTION NO. 106- 09
A RESOLUTION ADOPTING A CITY COUNCIL
POLICY FOR ENVIRONMENTALLY PREFERABLE
PURCHASING (EPP)
RECITALS
WHEREAS, City desires to establish an EPP to qualify for State/Federal Grant
opportunities; and
WHEREAS, Budget and Finance Committee reviewed the policy at their August 31,
2009 meeting.
WHEREAS, Budget and Finance Committee is recommending adoption of the policy.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows:
1. The above recitals are true and correct.
2. The policy set forth in Exhibit "A" is hereby adopted and shall become
effective on September 23, 2009.
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ORIGINAL
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on SEP 2 3 2009 by
the following vote:
YES' COUNCILMEMBER CARSON, BENHAM, W R, HANSON, SULLI AN, SCRI NV ER
NOES: COUNCILMEMBER
COUNCILMEMBER
ABSEN COUNCILMEMBER_ bt-x0/~
CITY CLERK and Ex Offici C erk of the
Council of the City of Bakersfield
APPROVED SEP 2 3 2009
By
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
OSHUA H RUDNICK
B dD~~
Deputy City Attorney
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ORIGINAL
EXHIBIT NO.
ENVIRONMENTALLY PREFERABLE PURCHASING (EPP) POLICY
CITY OF BAKERSFIELD, CA
1. STATEMENT OF POLICY
It is the policy of the City of Bakersfield (CITY) to encourage the purchase of products
and services that minimize environmental and health impacts, toxics, pollution, and
hazards to worker and community safety and to the larger global community to the
greatest extent practicable.
By incorporating environmental considerations in public purchasing, the CITY can serve
this commitment by reducing its burden on the local and global environment, removing
unnecessary hazards from its operations, protecting public health, reducing costs and
liabilities, and potentially improving the environmental quality of the region. This policy is
an effective way to direct the CITY's effort in procuring environmentally preferable
products and services.
2. PURPOSE
This policy is adopted in order to meet the goal for an environmentally preferable
purchasing policy. This policy is intended to provide for compliance of certain Federal
or State grant applications that require adoption of an EPP policy as a qualifying
element of the application and to make the CITY's operations and services a model of
sustainable practices.
Further, this policy is adopted in order to:
• Protect the health and safety of workers and citizens,
• Conserve natural resources,
• Minimize environmental impacts such as pollution,
• Eliminate or reduce toxics that create hazards to workers and our community,
• Support recycling markets,
• Reduce the amount of materials that are being sent to landfills,
• Reduce greenhouse gas emissions,
• Increase the use and availability of environmentally preferable products that
protect the environment,
• Identify environmentally preferable products and distribution systems,
• Create a model for successfully purchasing environmentally preferable products
that encourages other purchasers in our community to adopt similar goals.
The purchase of environmentally preferable products is preferred whenever such
products perform satisfactorily and are available at the lowest bid.
A collateral purpose of this policy is to support markets for recycled goods and other
environmentally preferable products and services.
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3.0 DEFINITIONS
3.1 "Buyer" means personnel authorized to purchase or contract for
purchases on behalf of the CITY or its subdivisions.
3.2 "The Carpet and Rug Institute" (CRI) is the national trade association
representing the carpet and rug industry. CRI has developed and
administered the "Green Label" indoor air quality testing and labeling
program for carpet, adhesives, cushion materials and vacuum cleaners.
The "Green Label Plus" testing program incorporates additional
requirements to meet California's Collaborative for High Performance
Schools low-emitting materials criteria.
3.3 "Contractor" means any person, group of persons, business, consultant,
designing architect, association, partnership, corporation, supplier, vendor
or other entity that has a contract with the CITY or serves in a
subcontracting capacity with an entity having a contract with the CITY for
the provision of goods or services.
3.4 "Energy Star" means the U.S. EPA's energy efficiency product labeling
program.
3.5 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.
3.6 "Green Building Practices" means a whole-systems approach to the
design, construction, and operation of buildings and structures that help
mitigate the environmental, economic, and social impacts of
construction, demolition, and renovation. Green Building Practices such
as those described in the LEED® Rating System, recognize the relationship
between natural and built environments and seeks to minimize the use of
energy, water, and other natural resources and provide a healthy
productive environment.
3.7 "Green Seal" is an independent, non-profit environmental labeling
organization. Green Seal standards for products and services meet the
U.S. EPA's criteria for third-party certifiers. The Green Seal is a registered
certification mark that may appear only on certified products.
3.8 "Integrated Pest Management (IPM)" is an ecosystem-based strategy that
focuses on long-term prevention of pests or their damage through a
combination of techniques such as biological control, habitat
manipulation, modification of cultural practices, and use of resistant
varieties. Pesticides are used only after monitoring indicates they are
needed according to established guidelines, and treatments are made
with the goal of removing only the target organism. Pest control materials
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are selected and applied in a manner that minimizes risks to human
health, beneficial and nontarget organisms, and the environment.
3.9 "LEEDO Rating System" means the most recent version of the Leadership in
Energy and Environmental Design (LEEDO) Commercial Green Building
Rating System, or other related LEEDO Rating System, approved by the U.S.
Green Building Council and designed for rating new and existing
commercial, institutional, and high-rise residential buildings.
3.10 Producer Responsibility means an environmental strategy in which
producers assume financial and/or physical responsibility for the
management of post-consumer products so that those who produce and
use those products bear the costs of recycling and proper disposal.
3.11 "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 pre-consumer and post-
consumer material but does not include excess resources of the
manufacturing process.
3.12 "Recycled Content" means the percentage of recovered material,
including pre-consumer and post-consumer materials, in a product.
3.13 "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.
3.14 "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.
3.15 "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.
4. SPECIFICATIONS
4.1 Source Reduction
4.1.1 The CITY may 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.
4.1.2 The CITY purchase remanufactured products (i.e. for equipment and
vehicles) whenever practicable, but without reducing safety, quality or
effectiveness.
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4.1.3 The CITY may require all equipment bought after the adoption of this
policy to be specified and delivered so it is compatible with source
reduction goals as referred to in this section (3.1), whenever practicable.
4.1.4 All buyers may consider short-term and long-term costs in comparing
product alternatives, when feasible. This includes evaluation 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.
4.1.5 Products that are durable, long lasting, reusable, refillable, recyclable, or
otherwise create less waste may be selected whenever possible.
4.1.6 The CITY encourages vendors to minimize packaging to the greatest
extent practicable and cost-effective.
4.1.7 Packaging that is reusable, recyclable or compostable may be selected
when suitable uses and programs exist.
4.1.8 Suppliers of electronic equipment may be required to take back
equipment for reuse or environmentally safe recycling when the CITY
discards or replaces such equipment, whenever possible.
4.1.9 Rechargeable and recyclable batteries may be purchased and used
whenever possible.
4.1.10 All documents may be printed and copied on both sides to reduce the
use and purchase of paper, whenever possible.
4.2 Recycled Content Products
4.2.1 The CITY may specify and purchase wherever and whenever practicable
products which contain:
• the highest percentage of post-consumer recovered material
consistent with standards established by the U.S. Environmental
Protection Agency and the State of California, whichever is
greater; and
• the highest percentage of pre-consumer recovered material
consistent with standards established by the U.S. Environmental
Protection Agency and the State of California, whichever is
greater.
In addition, the purchase of paper products may meet the recycled
paper products definition of the U.S. Environmental Protection Agency of
the State of California whichever contains the higher recycled content.
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4.2.2 Copiers and printers purchased or leased may be compatible with the
use of recycled content paper where practicable.
4.2.3 The CITY may purchase re-refined lubricating and industrial oil for use in its
vehicles and other equipment, as long as it is consistent with the engine
manufacturer's warranty and maintenance requirements.
4.2.4 When specifying asphalt concrete, aggregate base or portland cement
concrete for road construction projects, the CITY may use recycled,
reusable or reground materials when practicable.
4.2.5 The CITY may purchase paint meeting Green Seal or other equivalent
environmental standard for recycled content latex paint whenever
practicable.
4.2.6 All pre-printed recycled content papers intended for distribution that are
purchased or produced may contain a statement that the paper
contains recycled content. The statement should indicate the
percentage of post-consumer recycled content it contains.
4.3 Energy and Water Savings
4.3.1 Energy-efficient equipment may be purchased with the most up-to-date
energy efficiency functions. This includes, but is not limited to, high
efficiency space heating systems and high efficiency space cooling
equipment.
4.3.2 The CITY may purchase and replace inefficient interior lighting with
energy-efficient equipment.
4.3.3 The CITY may purchase and replace inefficient exterior lighting, street
lighting and traffic signal lights with energy-efficient equipment. Exterior
lighting may be minimized where possible to avoid unnecessary lighting of
architectural and landscape features while providing adequate
illumination for safety and accessibility.
4.3.4 All products purchased by the CITY and for which the U. S. EPA Energy Star
certification is available shall meet Energy Star certification. When Energy
Star labels are not available, the CITY may choose energy-efficient
products that are designated by federal data bases, unless the product
has a third party certification subject to review by the CITY's designated
representative.
4.3.5 The CITY may purchase water-saving products whenever practicable. This
includes, but is not limited to, high-performance fixtures like toilets,
waterless urinals, low-flow faucets and aerators, and upgraded irrigation
systems.
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4.4 Green Building
4.4.1 All building and renovations undertaken by the CITY may follow Green
Building Practices for design, construction, and operation, where
appropriate, as described in the LEEDO Rating System.
4.4.2 To the greatest extent practicable, the CITY may procure wood products
such as lumber that originates from forests harvested in an
environmentally sustainable manner. When possible, the CITY may give
preference to wood products that are certified to be sustainably
harvested by a comprehensive, performance-based certification system.
The certification system may include independent third-party audits, with
standards equivalent to, or stricter than, those of the Forest Stewardship
Council certification.
4.4.3 The CITY encourages the purchase or use of previously used or salvaged
wood and wood products whenever practicable.
4.5 Landscaping
4.5.1 Products and services purchased by the CITY shall be suitable for project
application and consistent with CITY landscaping guidelines. Landscape
renovations, construction and maintenance performed for the CITY, may
employ sustainable landscape management techniques whenever
possible.
4.5.2 Plant waste should be minimized by selection of species that are
appropriate to the microclimate that can grow to their natural size in the
space allotted them, and that are perennials rather than annuals for
color. Native and drought-tolerant plants that require minimal or no
watering once established are preferred.
4.5.3 Hardscapes and landscape structures constructed of recycled-content
materials are encouraged. The CITY may limit the amount of impervious
surfaces in the landscape, wherever practicable. Permeable substitutes,
such as permeable asphalt or pavers, are preferred for walkways, patios,
driveways and low volume traffic areas.
4.6 Toxics and Pollution Reduction
4.6.1 When making a choice among comparable products, the CITY may,
whenever practicable, favor those products whose production and use
involve fewer hazardous materials.
4.6.2 To the extent practicable, the CITY may purchase, or require janitorial
contractors to supply, industrial and institutional cleaning products that
meet Green Seal certification or other equivalent standards for
environmental prefer ability and performance.
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4.6.3 To the extent practicable, the CITY may purchase, or require janitorial
contractors to supply, vacuum cleaners that meet the requirements of the
Carpet and Rug Institute "Green Label" Testing Program - Vacuum
Cleaner Criteria, are capable of capturing 96% of particulates 0.3 microns
in size, and operate with a sound level less than 70dBA. Where possible
and as applicable, other janitorial cleaning equipment may be capable
of capturing fine particulates, removing sufficient moisture so as to dry
within 24 hours, operate with a sound level less than 70dBA, and use high-
efficiency, low-emissions engines.
4.6.4 The CITY may implement the Integrated Pest Management (IPM) Plan and
practices for indoor and outdoor areas using chemical controls only as a
last resort and providing on-going training and certification for CITY staff.
Purchases of materials and services made by the CITY shall be consistent
with its Integrated Pest Management policies.
4.6.5 The CITY may reduce the use of disposable batteries by purchasing
rechargeable batteries for devices, such as cameras, remote control,
tape recorders, telephone headsets, and wireless keyboards and mice
and other equipment when practicable.
4.6.6 The CITY may favor the less hazardous item when purchasing products
and equipment that contain lead or mercury and when the product or
equipment has an established take-back program.
4.6.7 When replacing vehicles, the CITY may consider less-polluting alternatives
to diesel such as compressed or liquefied natural gas, bio-based fuels,
hybrids, electric batteries, and fuel cells, as available.
4.7 Producer Responsibility
3.7.1 The CITY may, whenever practicable, favor products that are
manufactured by companies that take financial and/or physical
responsibility for collecting, recycling, reusing, or otherwise safely disposing
of their products and packaging at the end of their useful life.
3.7.2 When products are available that have established manufacturer-
financed recycling programs the CITY may require vendors to offer the
manufacturer's recycling services.
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5.0 IMPLEMENTATION
5.1 The Directors of the Finance and Public Works Department, or other
directors as designated by the City Manager, may implement this policy in
coordination with other appropriate CITY personnel.
5.2 Upon request, buyers making the selection from competitive bids may be
able to provide justification for product choices that do not meet the
environmentally preferable purchasing criteria in this policy.
5.3 Vendors, contractors and grantees may comply with applicable sections
of this policy for products, and services provided to the CITY may provide
reporting, where practicable.
5.4 Nothing contained in this policy may be construed as requiring a
department, purchaser or contractor to procure products that do not
perform according to their intended use, exclude adequate competition,
or are not available at a reasonable price in a reasonable period of time.
5.5 Nothing contained in this policy may be construed as requiring the CITY,
department, purchaser or contractor to take any action that conflicts
with local, state or federal requirements.
6.0 PROGRAM EVALUATION
6.1 The Finance and Public Works Department personnel or others may be
responsible for implementing this policy and may periodically evaluate
the success of this policy's implementation through benchmarking and
goal setting and periodic reports.
• With the technical assistance and support of the Public Works
Department, Finance Department personnel, or other personnel as
designated by the City Manager may collect data and assist with
benchmarking and reporting.
• Public Works Department and Finance Department personnel may
provide educational resources, training, technical support and
prepare reporting.
7.0 EFFECTIVE DATES
7.1 This policy shall take effect on adoption by the City Council of the City of
Bakersfield.
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