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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.