CC Resolution No. 07-122
RESOLUTION NO. 07-122
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ADOPTING THE ENVIRONMENT ALLY PREFERRED PURCHASING POLICY
WHEREAS, the City of Cupertino encourages the purchase and use of
environmentally preferable products and services by City staff, elected officials,
volunteers, consultants and contractors.
NOW, THEREFORE, BE IT RESOLVED that the Cupertino City Council
adopts the attached Environmentally Preferred Purchasing Policy shown as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 3rd day of July 2007, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Wang, K wok, Lowenthal, Mahoney, Sandoval
None
None
None
ATTEST:
APPROVED:
. ~
~
Resolution No. 07-122
2
Exhibit A
CITY OF CUPERTINO
Policy Concerning Environmentally Preferable Purchasing
1. PURPOSE
1.1. This policy is intended to encourage the purchase and use of environmentally
preferable products and services by City staff, elected officials, volunteers,
consultants and contractors.
1.2. This Policy is adopted in order to:
· Raise staff awareness about the environmental issues affecting procurement
by providing relevant information and training;
· Conserve natural resources;
· Minimize environmental impacts such as pollution and use of water and
energy;
· Eliminate or reduce toxics that create hazards to workers and our community;
· Support strong recycling markets;
· Reduce materials that are land filled;
· Increase the use and availability of environmentally preferable products that
protect the environment;
· Encourage suppliers and contractors to offer environmentally preferable
products and services at competitive prices;
· Encourage providers of services to consider environmental impacts of service
delivery; and
· Create a model for successfully purchasing environmentally preferable
products and services that encourages other purchasers in our community to
adopt similar goals.
2. DEFINITIONS
2.1. Environmentally Preferable: A product or service that has a lesser or reduced
negative effect on human health and the environment when compared with
competing products and services that fulfill the same purpose. This comparison
Resolution No. 07-122
3
may consider raw materials acquisition, production, manufacturing, packaging,
distribution, reuse, operation, maintenance, and product disposal.
2.2. Practicable: Whenever possible and compatible with local, state and federal laws,
without reducing safety, quality, or effectiveness and where the product or
service is available at a reasonable cost in a reasonable period of time.
2.3. Recyclable Product: A product that, after its intended end use, can be diverted
from the City's solid waste stream for use as a raw materials in the manufacture
of another product.
2.4. Recycled Content Product: A product containing recycled material.
2.5. Reusable Product: A product, such as a washable food or beverage container or a
refillable ballpoint pen, that can be used several times for an intended use before
being discarded or recycled.
3. POLICY
3.1. General
3.1.1. It is the policy of the City of Cupertino to:
3 .1.1.I.Purchase products and services that, to the greatest extent practicable,
minimize environmental impacts, toxics, pollution, and hazards to
workers and the community; and
3 .1.1.2.Purchase products that include recycled content, are durable and long-
lasting, conserve energy and water, use agricultural fibers and residues,
reduce greenhouse gas emissions, use unbleached or chlorine free
manufacturing processes, are lead-free and mercury-free and use wood
from forests harvested in a sustainable manner.
3.1.2. Nothing contained in this policy shall be construed as requiring a
purchaser or contractor to procure products that do not perform adequately
for their intended use, exclude adequate competition, or are not available at a
reasonable price in a reasonable period of time.
3.1.3. Nothing contained in this policy shall be construed as requiring the City,
purchaser or contractor to take any action that conflicts with local, state or
federal requirements.
3.2. Source Reduction
Resolution No. 07-122
4
3.2.1. Whenever practicable and cost-effective, without reducing safety,
workplace productivity and/or effectiveness, the City will reduce waste, and
purchase fewer products.
3.2.2. Whenever practicable, without reducing safety, workplace productivity
and/or effectiveness, the City will purchase remanufactured products such as
laser toner cartridges, tires, furniture, equipment and automotive parts.
3.2.3. Whenever practicable, the City shall require all equipment bought after the
adoption of this policy to be compatible with policies as referred to in
section 3.1.
3.2.4. Prior to purchasing products or services, the City will consider the short
and long-term costs in comparing alternatives. This includes evaluation of
total costs expected during the period of ownership, including, but not
limited to acquisition, extended warranties, operation, supplies, maintenance,
disposal costs and expected lifetime compared to other alternatives.
3.2.5. Preference will be given to products that are durable, long lasting, reusable
or refillable.
3.2.6. Vendors will be encouraged to take back and reuse pallets and packaging
materials.
3.2.7. Whenever practicable, all documents shall be printed and copied on both
sides to reduce the use and purchase of paper.
3.3. Recycled Content Products
3.3.1. Copiers and printers will be compatible with recycled content materials
and supplies.
3.3.2. Whenever practicable, the City will use recycled, reusable or reground
materials when specifying asphalt concrete, aggregate base or Portland
cement concrete for road construction projects.
3.3.3. Whenever practicable, the City will specify and purchase recycled content
transportation products, including signs, cones, parking stops, delineators,
and barricades.
3.4. Energy and Water Savings
3.4.1. Where applicable, equipment will be purchased with the most up-to-date
energy efficiency functions. This includes, but is not limited to, high
Resolution No. 07-122
5
efficiency space heating systems and high efficiency space cooling
equipment.
3.4.2. Whenever practicable, the City will replace inefficient lighting with
energy-efficient equipment.
3.4.3. Whenever practicable, the City will purchase products for which the U. S.
EP A Energy Star certification is available. When Energy Star labels are not
available, The City will choose energy-efficient products that are in the
upper 25% of energy efficiency as designated by the Federal Energy
Management Program.
3.4.4. Whenever practicable, the City will purchase water-saving products.
3.5. Green Building - Construction and Renovations
3.5.1. Where appropriate, building and renovations undertaken by the City will
follow Green Building design, construction, and operation practices.
3.6. Landscaping
3.6.1. Whenever possible, all landscape renovations, construction and
maintenance undertaken by the City, including workers and contractors
providing landscaping services, will employ Bay-Friendly Landscaping or
sustainable landscape management techniques for design, construction and
maintenance, including, but not limited to, integrated pest management,
grass cycling, drip irrigation, composting, and procurement and use of mulch
and compost produced from regionally generated plant debris and/or food
waste programs.
3.6.2. Plants should be selected to minimize waste by choosing species that are
appropriate to the microclimate, can grow to their natural size in the space
allotted them, and are perennial rather than annual. Native and drought-
tolerant plants that require no or minimal watering once established are
preferred.
3.6.3. Wherever practicable, the City will limit the amount of impervious
surfaces in the landscape. Hardscapes and landscape structures constructed
of recycled content materials are encouraged. Permeable substitutes, such as
permeable concrete, asphalt or pavers are encouraged for walkways, patios
and driveways.
3.7. Toxics and Pollution
3.7.1. Whenever practicable, no cleaning or disinfecting products (i.e. for
janitorial or automotive use) will contain ingredients that are carcinogens,
Resolution No. 07-122
6
mutagens, or teratogens. These include chemicals listed by the U.S. EPA or
the National Institute for Occupational Safety and Health on the Toxics
Release Inventory and those. listed under Proposition 65 by the California
Office of Environmental Health Hazard Assessment.
3.7.2. The use of chlorofluorocarbon-containing refrigerants, solvents and other
products will be phased out and new purchases will not contain them.
3.7.3. All surfactants and detergents will be readily biodegradable and, where
practicable, will not contain phosphates.
3.7.4. Whenever practicable, the City will manage pest problems through
prevention and physical, mechanical and biological controls.
3.7.5. The City will use products with the lowest amount of volatile organic
compounds (VOCs), highest recycled content, and low or no formaldehyde
when purchasing materials such as paint, carpeting; adhesives, furniture and
casework.
3.7.6. Whenever possible, the City will reduce or eliminate its use of products
that contribute to the formation of dioxins and furans. This includes, but is
not limited to:
3.7 .6. 1. Purchasing paper, paper products, and janitorial paper products that
are unbleached or that are processed without chlorine or chlorine
derivatives.
3.7.6.2.Prohibiting purchase of products that use polyvinyl chloride (PVC)
such as, but not limited to, office binders, furniture, flooring, and
medical supplies.
3.7.7. Whenever possible, the City will purchase products and equipment with
no lead or mercury. For products that contain lead or mercury, The City will
give preference to those products with lower quantities of these metals and
to vendors with established lead and mercury recovery programs.
3.7.8. When replacing vehicles, the City will consider less-polluting alternatives
such as compressed natural gas, bio-based fuels, hybrids, electric batteries,
and fuel cells, as available.
3.8. Forest Conservation
3.8.1. Whenever practicable, the City will procure wood products such as lumber
and paper that originate from forests harvested in an environmentally
sustainable manner. When possible, the City will give preference to wood
products that are certified to be sustainably harvested by a comprehensive,
Resolution No. 07-122
7
performance-based certification system. The certification system will
include independent third-party audits, with standards equivalent to, or
stricter than those of the Forest Stewardship Council certification.
3.9. Agricultural Bio-Based Products
3.9.1. Whenever practicable, vehicle fuels made from non-wood, plant-based
contents such as vegetable oils are encouraged.
3.9.2. Whenever practicable, paper, paper products and construction products
made from non-wood, plant-based contents such as agricultural crops and
residues are encouraged.
4. IMPLEMENTATION
4.1. The City Manager shall implement this policy in coordination with other
appropriate personnel.
4.2. Implementation of this policy will be phased based on available resources and
City priorities.
4.3. As applicable, successful bidders shall certify in writing that the environmental
attributes claimed in competitive bids are accurate. Vendors shall be required to
specify the minimum or actual percentage of recovered and postconsumer
material in their products, even when such percentages are zero.
4.4. Vendors and contractors shall be encouraged to comply with applicable sections
of this policy for products and service provided to the City, where practicable.
4.5. If a vendor or contractor of the City is no longer able to provide a product or
service that meets the policy requirements, it shall notify the City Manager and
provide written justification for why compliance is not practical.
5. EVALUATION
5.1. The City Manager shall evaluate the success of this policy's implementation on
an annual basis.