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Res 94-190 RESOLUTION NO. 94-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING A RECYCLED PRODUCT PROCUREMENT POLICY AS AN ADDITION TO THE CITY'S PURCHASING POLICY, TO SUPPORT AND ENCOURAGE THE USE OF RECYCLED PRODUCTS AND RECYCLABLE PRODUCTS BY CITY OF FEDERAL WAY DEPARTMENTS, CONTRACTORS, AND GRANTEES. WHEREAS, the city of Federal Way has previously established a City Purchasing Policy; and WHEREAS, RCW 43.19A.O40 authorizes adoption of recycled product procurement policies by any local government; and WHEREAS, the Federal Way city council has determined that utilizing recycled and recyclable products will result in the reduction of waste in the manufacture and use of products and packaging; and WHEREAS, the purpose of the Recycled Product Procurement Policy is to increase the recycled content of products purchased and used by the City of Federal Way, its contractors and grantees, provide guidance to City staff in evaluating the purchase of products for City use, and improve the economics of recycling which is essential to guarantee the long-term health of the City's recycling investment; and WHEREAS, the approval of the Recycled Product Procurement Policy will make the city of Federal Way eligible for certain grant funding allocated through King County Waste Reduction and Recycling Grant Program; Res.# 94-199 Page ~ COpy NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON HEREBY RESOLVES AS FOLLOWS: section 1. Adoption of Recvcled Product Procurement Policv. The City Council of the City of Federal Way hereby adopts the Recycled Product Procurement Policy attached hereto as Exhibit A and incorporated herewith by this reference as the Recycled Product Procurement Policy for the City of Federal Way. section 2. Severabilitv. If anJ:' section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. section 3. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way city Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ~ day of December , 1994. CITY OF FEDERAL WAY ~~ MA R, Y E. GATES Res.# 94-199 Page 2 ~ C , L. ~,. eKe APPROVED AS TO FORM: ~~ ç: LIND~L FILED WITH THE CITY CLERK: 11/29/94 PASSED BY THE CITY COUNCIL: 12/06/94 RESOLUTION NO. 94-190 K:\RESO\Recycled.Pol 11/28/94 Res.# 94-19? Page 3 ------- . E:'t.~\~IT A PURCHASING RECYCLED PRODUCT,PROCUREMENT POLICY City Mana,er AøProyal Date 3.1 PURPOSE The purpose of the Recycled Product Procurement policy is to: increase the recycled content of products purchased and used by the City of Federal Way, its contractors, and grantees; reduce waste in the manufacture and use of products and packaging purchased by the city; provide guidance to City staff in evaluating the purchase of products for City use; and improve the economics of recycling which is essential to guarantee the long-term health of the City's recycling investment. 3.2 POLICY This policy establishes procedures and goals to encourage and increase the procurement of recycled products and recyclable products whenever economical and practicable by City of Federal Way departments, contractors and grantees as mandated by law. 3.3 PROCEDURES The following procedures have been adopted to ensure maximum compliance with state statute and grant requirements. SECTION 1. GOALS RECYCLED PRODUCTS AND PROCEDURES TO MAXIMIZE THE USE OF A. All departments shall use recycled products and recyclable products whenever economical and practicable. 1 D. E. B. The Purchasing Division shall be responsible for coordinating the implementation of this policy and shall work with each of the departmental representatives on the City Employee Recycling Task Force to identify uses for recycled products and to develop necessary testing and evaluation procedures. C. The city shall require its contractors, grantees and consultants to use recycled products and recyclable products in fulfilling contractual obligations whenever practicable. In addition, all bids and proposals issued by the City of Federal Way shall require contractors and consultants to: Use recycled paper for proposals and for any printed or photocopied material created pursuant to a contract with the city of Federal Way whenever practicable; and Use both sides of paper sheets for reports submitted to the City of Federal Way whenever practicable. All current and prospective City vendors and service providers shall be apprised of this policy at the time competitive bids or proposals are solicited and at other appropriate opportunities. All product providers shall be required to certify the minimum, if not the exact, percentage of post-consumer recovered material and total recovered material contained in products purchased by the city. If no recovered material has been used, then a product provider would certify zero recycled content. Each department shall actively promote its desire to buy recycled products; including, but not limited to, explicit statements or requirements in solicitations for bids and proposals, discussion of the City's commitment to recycling at pre-bidders' conferences, issuance of general announcements about the City's procurement preferences, and printing of recycling statement or logo on official documents. 2 F. Departments shall, whenever economical and practicable, purchase paper and paper products with minimum recycled content standards as listed in Appendix A. This category includes, but is not' limited to: brochures, reports, studies, promotional 'literature, copy paper, and legal breifs. All imprinted letterhead paper, envelopes and business cards used by the City shall be recycled paper and shall bear an imprint identifying the recycled content of the paper. The City's recycled paper procurement goal for each user department, expressed as a percentage of the total value of paper purchased, shall be: not less than fifty percent for 1994; and not less than sixty percent by 1995. Each department shall ensure that all contracts for printing require the use of recycled paper and the inclusion of the chasing-arrow symbol identifying the recycled content of the paper whenever practicable. Each department shall ensure that the title page of each internal report printed or 'copied on recycled paper bears an imprint identifying the recycled content of the paper. G. To reduce the volume of paper purchased, departments shall use both sides of paper sheets for copying and printing whenever practicable. The City will, whenever economical and practicable, adhere to the following schedule for any contract awarded in whole or in part for applying soils, soil covers, or soil amendments to road right of way projects: H. After July 1, 1994, at least fifty percent of the annual total dollar amount purchased shall include compost products. The percentages in the above schedule apply only to the materials' value, and do not include services or other material. All current and prospective City vendors shall be apprised of this policy at the time competitive bids or proposals are solicited and at other appropriate opportunities. The City may depart from this schedule when it is determined that no suitable product is available at a reasonable price. 3 A. SECTION 2. DEFINITIONS G. H. J. "City Employee Task Force" means a committee or task force with members from various user agencies who shall establish and identify potential uses for recycled products and develop any necessary education, testing, evaluating, and reporting procedures. B. "Compost products" means mulch, soil amendments, ground cover, or other landscaping material derived from the biological or mechanical conversion of cellulose- containing waste materials. The products may also be used for road maintenance and in construction projects. C. "Department" means any department within the city of Federal Way. D. "Designated recycled product" means a product designated in this policy, or designated by the Purchasing Division, pursuant to this policy, that meets or surpasses the City of Federal Way's minimum recycled content standards. E. "Lubricating oil" means petroleum-based oils used to reduce friction in engine parts and other mechanical parts. F. "Minimum recycled content standards" means the standard that specifies the minimum level of recycled material and/or post-consumer recycled material necessary for designated products to qualify as recycled products. "Mixed waste paper" means assorted low-value grades of paper that have not been separated into individual grades of paper at the point of collection. "paper and paper products" means computer paper, and printing papers. photocopy paper, I. "Post-consumer waste" means a finished material or product which would normally be disposed of as solid waste, having completed its life cycle as a consumer item. "Practicable" available at a paper products than the price products. means sufficient in performance and reasonable price. A reasonable price for is defined as up to 10% (ten percent) more for comparable non-recycled content paper 4 K. M. N. o. P. "Procurement officer" means the Purchasing Manager or his or her designee whQ has the primary responsibility for procurement of materials or products and additionally, who shall serve as the primary contact with the state Department of General Administration for compliance with state statutory requirements. L. "Recycled content product" or "recycled product" means a product containing recycled materials. "Recycled material" means waste material and by-products 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 and consist of materials derived from post-consumer waste, manufacturing waste, industrial scrap, agriculture wastes, and other items, all of which can be used in the manufacture of new or recycled products. "Recycled paper" means a paper or woodpulp product with not less that 50 percent of its total weight-consisting of secondary and post-consumer waste and with not less that 10 percent of its total weight consisting of post- consumer waste. "Re-refined oils" means used lubrication oils from which the physical and chemical contaminants acquired through previous use have been removed through a refining process. Re-refining may include distillation, hydrotreating, or treatments employing acid, caustic, solvent, clay, or other chemicals, or other physical treatments other than those used in reclaiming. "Secondary waste" means fragments of products or finished products of a manufacturing process, which has converted a virgin resource into a commodity of economic value, and includes post-consumer waste but does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls (mill broke), wood slabs, chips, sawdust, or other wood residue from a manufacturing process. SECTION 3. DESIGNATED RECYCLED PRODUCTS The designated product list is intended to provide general guidance to users as they seek to identify suitable recycled products and perform the necessary evaluations. Responsibility for the maintenance of the "Designated Pr,oducts List" is assigned to the Purchasing Division. Reporting responsibilities of departments are established in Section 5. 5 G. H. I. A. Paper and paper products. Photocopy paper, computer paper, and a growing variety of printing papers are widely available. EPA content standards have been used by most major paper mills in the development of recycled product lines, and distributors of paper are increasingly familiar with recycled content terminology. B. compost products. Compost may be specified as a soil amendment of mulch in park and road maintenance and in construction projects. c. Cement and asphalt concrete containing glass cullet, recycled fiber of plastic, tire rubber, or fly ash. The expertise of designing engineers must be engaged to identify and develop new opportunities for the use of recycled material in construction applications. D. Re-crushed cement concrete aggregate and asphalt. In many construction application, re-crushed concrete aggregate of asphalt may represent economical substitutes for virgin aggregate and asphalt. - E. Lubricating oil and hydraulic oil with re-refined oil content. Re-refined motor oils are increasingly available that meet the American Petroleum Institute (API) standards often contained in engine manufacturer warranty requirements. F. other products as designated by the purchasing Division. Products may include carpet manufactured from PET plastic fiber, ceramic tiles made from windshield glass, automotive batteries and others. outdoor-wood product substitutes made from recycled plastic. Recycled plastic lumber may represent an economical alternative where soil or water contact requires frequent replacement of treated wood (e. g. , fence and sign posts, marshland trails, picnic benches, docks and soil-retaining walls). Paint. pilot projects have demonstrated that some paints can be effectively recycled. While recycling, manufacturing and delivery systems have not yet been developed to make these products widely available, this represents a significant opportunity to make use of material that may otherwise require costly disposal as hazardous waste. Remanufactured tires and products made from recycled tire rubber. Playfield surfaces, fatigue mats, protective bumpers and other products utilizing waste tires. 6 J. Remanufactured laser printer toner cartridges. Toner cartridges can be effectively remanufactured to original equipment manufacturer standards. Their use reduces hazardous waste in landfills and can offer significant cost savings to users~ In addition to the recovered material content of a product, important criteria in selecting products shall include: The ability of a product and its packaging to be reused, reconditioned for use, or recycled through existing recycling collection programs; and The volume and toxicity of waste and by-products a given product and its packaging generate in their manufacture, use, recycling and disposal. Products and packaging designed to minimize waste and toxic by-products in their manufacture, use, recycling and disposal shall be preferred. SECTION 4. RESPONSIBILITIES OF PURCHASING DIVISION Purchasing Division shall: A. B. c. D. Designate recycled products that shall be purchased by departments wherever practicable. These designated recycled products shall include, but not be limited to, the products listed in section 3 of this policy. Review and determine any changes to minimum recycled content standards for designated recycled products on an annual basis, as outlined on Appendix A. Inform departments of their responsibilities under this policy, communicate to departments the list of designated recycled products, provide departments with information about recycled product procurement opportunities, and assemble an annual report on the status of implementation to the city Council and to King County Solid Waste Department by July 1st of each year. Coordinate with the city Employee Recycling Task Force to identify potential uses for recycled products and develop any necessary testing and evaluation procedures. 7 E. Schedule periodic meetings with each department to discuss the progress of policy implementation, including the results of product evaluations conducted by the department, types and quantities of recycled and non- recycled products purchased by department and its contractors, and the status of departmental efforts to maximize recycled product procurement. SECTION 5. RESPONSIBILITIES OF EACH DEPARTMENT Each department shall: A. Be required to purchase recycled products and recyclable products whenever economical and practicable. B. Evaluate each designated recycled product to determine the extent to which the product may be practicably used by the department and its contractors. The City may depart from the requirements if it determines that no suitable product is available at a reasonable price. C. Meet periodically with the Purchasing Division to report the progress of policy implementation by the department, including the results of product evaluations conducted by the department, types of recycled products purchased by department and its contractors, and the status of departmental efforts to maximize recycled product procurement. D. Ensure all contracts issued by the department require recycled material content whenever practicable and that contractors provide certification of this content and reports of amounts used. E. Report total purchases and quantities of recycled products and non-recycled products by the department and its contractors weekly to the Purchasing Department, as outlined on Appendix B. SECTION 6. EXEMPTIONS A. B. Nothing contained in this policy shall preclude user departments from requiring recycled material content as a bid specification. Nothing in this policy shall be construed as requiring a department or contractor to procure products that do not perform adequately for their intended use or are not available at a reasonable price in a reasonable period of time. 8 Appendix A Code Commodity/Product CITY OF FEDERAL WAY MINIMUM CONTENT STANDARDS PAPER AND PAPER PRODUCTS Minim om pereoot of recovered materials Minim om pereoot of post<ousomer materials Miuimom pereoot of recovered paper materials Newsprlut .................................. High grade bleached priuûug and writing papers: O/Tsetpriuting ............................ Mhneoandduplicatorpaper ................... Writing (statiouery) ......................... OrrlCepaper(e.g.,notepads) ....:............. Copierpaper """""""""""""'" ED.elopes ............................... Fonn baud includiug computer paper and carbouies. .. Bookpapers.............................. Ledger """""""""""""""'" Co.erstock .............................. Cotton fiber paper ......................... Tissue products: Toüettissne.............................. Paper towels ............................. Papernaplåns ............................ FaciaItissne .............................. Doilies.................................. InclustriaIwipes ........................... Unbleached packaging: Corrugatedboxes .......................... Fiberboxes .............................. Brown papers (e.g. bags) ..................... Recycled paperboard: Products includiug foIdiug cartoos .... . . . . . . . . . . . Pad backing .............................. 50 Mmimom cont...t standards for paper products are based upon pere...tage by wcigbt of total fiber cootoot mmimwutd 40 25 or 50 25 or SO 25 or 50 25 or 50 10 and 50 25 or 50 25 or 50 25 or 5D 25 or 5D 25 or 5D - - 20 40 30 5 40 0 35 35 5 80 90 Appendix B RECYCLED PRODUCT PURCHASE RECORD If you use any products which fall into any category listed in the Designated Recycled List, please provide the information requested below. If a recyclable product from the designated Recycled Products was not practicable, please complete this form using zero in the percentage of post-consumer and total recycled columns. Date: Buyer: PRODUCT QUANTITY COST PER TOTAL % POST- % TOTAL UNIT COST CONSUMER RECYCLED ommodity CO( e: Purchase-oroer No.: Product Manufacturer: Name: Address: Phone: Notes: Signature: recyle,rec