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Resolution 2007-50 RESOLUTION NO. 2007-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION I, PROCEDURE NO.2 OF THE CITY OF GILROY'S PURCHASING POLICY TO ESTABLISH AN ENVIRONMENT ALLY PREFERABLE PURCHASING POLICY. WHEREAS, California Government Code section 37350 provides that a city may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit; and WHEREAS, the City of Gilroy Purchasing Policy, Section I, Procedure No.2 ("Recycling Statement"), sets forth the City's policy for the purchase of recycled products; the recycling of waste; support for the creation of markets for recycled products; and compliance with Public Contract Code section 12210 which permits local agencies to give a preference or set aside for the purchase of recycled products; and WHEREAS, the City Council desires to replace the current Recycling Policy and institute a more substantive policy for the purchase of environmentally preferable products that minimize environmental impacts, conserve energy and water, and reduce toxins, pollution, and other safety hazards to the work force and community at large to the greatest extent possible. WHEREAS, the City Council desires to provide guidance and direction to those charged with purchasing products on behalf of the City of Gilroy though the amended Policy and Practices Guide as set forth below. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy that: 1. Section I, Procedure 2 of the Purchasing Policy, is hereby amended to read as set -1- ILLEZOTTEI727538.2 060507-04706083 Resolution No. 2007-50 forth in Exhibit "A," which is attached hereto and incorporated herein. 2. Attachment A to the Purchasing Policy, entitled "Recycled Paper and Paper Product" is amended to read as set forth in Exhibit "B" which is attached hereto and incorporated herein. PASSED AND ADOPTED this 11 th day of June, 2007, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO APPROVED: ~~ Albert Pinheiro, Mayor ---~ ATTEST: i i } (' ! '/ . { /. { It I, } / / -r/ " / '.j {{ v (/l. Rhonda Pellin, City Clerk -2- ILLEZOTTEI727538.2 060507-04706083 Resolution No. 2007-50 EXHIBIT "A" Language for amendments: Section 1, Procedure No.2 is hereby deleted and the following language is inserted at page 4 through 6 of the Purchasing Policy: GENERAL It is the policy of the City of Gilroy to purchase products that minimize environmental impacts, toxins, pollution, and hazards to worker and community safety to the greatest extent possible. The City will purchase products that include recycled content, are durable and long lasting, conserve energy and water, use agricultural fibers and residues, reduce greenhouse emissions, use unbleached or chlorine free manufacturing processes, are lead-free and mercury-free, and use wood from sustainable harvested forests. The City will institute practices to reduce waste and minimize environmental impacts whenever practical and cost effective by increasing product efficiency and effectiveness, but without reducing safety or workplace quality while promoting the fair treatment of all races, cultures and incomes with respect to this policy. The City will encourage vendors, contractors and grantees to implement this policy for all products and services provided to the City of Gilroy. PURPOSE The primary purpose of this policy is to minimize the negative environmental impacts of the City's activities by ensuring the procurement of products and services that: . Conserve natural resources; . Minimize pollution and use of water and energy; . Reduce materials that are land filled; . Support strong recycling markets; . Identify environmentally preferable products and distribution systems; . Increase the use and availability of environmentally preferable products; . Reward manufacturers and vendors that reduce environmental impacts in their production and distribution systems; and . Create a model for successfully purchasing environmentally preferable products that encourages other purchasers in our community to adopt similar goals. POLICY The City of Gilroy will: . Implement the City of Gilroy's Environmentally Preferable Purchasing (EPP) Practices Guide (see Appendix A) as a departmental guide to purchasing environmentally preferable products and services. The EPP Practices Guide outlines the goals, specifications, definitions, and -3- ILLEZOTTEI727538,2 060507-04706083 Resolution No. 2007-50 priorities of the Environmentally Preferable Purchasing Policy of the City of Gilroy. The EPP Practices Guide will be evaluated and updated each fiscal year by the Green Team Committee, and the Environmental Programs Coordinator will provide City Council with an annual report on the success of this policy's implementation; . Purchase products that contain recycled material or have the potential of being recycled if fitness, quality, purpose, and price are substantially equal. City departments, divisions, offices, boards, and commissions are subject to this policy, and should ensure that performance standards of particular products or overly stringent specifications do not hinder the incorporation for the use of recycled materials, reusable products, and products designed to be recycled to the extent practical. City departments shall examine their purchasing specifications and where feasible restructure them to state they be made of recycled material; . Purchase environmentally preferable products and services where criteria have been established by governmental agencies or other widely recognized authorities (e.g. Energy Star, EPA Eco Purchasing Guidelines); . Raise staff awareness on the environmental issues affecting procurement by providing relevant information and training through the EPP Practices Guide and departmentalized lists identifying specific EPP products and sources; . 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 . Comply with all environmental legislative and regulatory requirements in the purchase of products and services. Nothing in this policy shall be construed as requiring a department, agency 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. -4- ILLEZOTTEI727538.2 060507-04706083 Resolution No. 2007-50 EXHIBIT "B" Attachment "A" to the Purchasing Policy is hereby deleted and the following Environmentally Preferable Purchasing Practices Guide is inserted in its place. ENVIRONMENTALLY PREFERABLE PURCHASING PRACTICES GUIDE INTRODUCTION This document was created as a supplement to the City of Gilroy Environmentally Preferable Purchasing Policy. In this policy, the City of Gilroy has committed to purchase products that minimize environmental impacts, toxins, pollution, and hazards to worker and community safety to the greatest extent possible. The city will institute practices which focus on reducing waste and maximizing environmental impacts whenever practicable and cost effective by increasing product efficiency and effectiveness, but without reducing safety or workplace quality while promoting the fair treatment of all races, cultures and incomes with respect to this policy. The city will begin implementation by creating a targeted list of products to focus on in the first year. The Green Team will continually evaluate the addition of products to be targeted by the EPP Policy. Every year the staffwill consider, in the annual report, if the current targeted items should continue to be included in the EPP Policy and what items need to be added to the targeted list for the coming year. All purchases of products from the targeted list must be environmentally preferable products. The followine are items to tareet durine the 2007-2008 Fiscal year: Automotive Fluids such as; antifreeze and lubricating fluids. Janitorial products such as; soaps, toilet paper, cleaning agents, and flooring and carpet cleaners. Lighting equipment such as; fluorescent bulbs, incandescent, mercury vapor and T12 fluorescent lamps. Landscape maintenance products such as; pesticides, mulch, and other ground covers. Replacement schedule for copiers and printers to require duplex feature for double-sided photocopying and printing. Any battery operated equipment capable of being recharged or using rechargeable batteries. This guide contains information on products on the targeted list of products as well as other products that are environmentally preferable. Employees are encouraged to look for and about environmentally preferable products that are not included on the targeted list. The guide is meant to be a reference to assist departments in making more environmentally preferable purchases. It is -5- ILLEZOTTEI727538,2 060507-04706083 Resolution No. 2007-50 not required that all products described within this document be purchased as environmentally preferable. PURCHASING GUIDELINES Source Reduction City of Gilroy will 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, including but not limited to: . communicating electronically instead of using printed media, . photocopying and printing with duplex features, . utilizing washable and reusable dishes and utensils, . using rechargeable batteries, . streamlining and computerizing forms, . publishing electronically via CD, Internet and intranet, . printing documents and reports as they are needed and where electronic publishing would be unsatisfactory, . leasing long-life products when service agreements support maintenance and repair rather than new purchases, such as carpets. . sharing equipment and occasional use items with other departments such as chippers, . choosing durable products rather than disposable, . reducing product weight or thickness when effectiveness is not jeopardized in products such as, but not limited to, paper and plastic liner bags, . buying in bulk, when storage and operations exist to support it and balanced with the costs of inventory management, . reusing products such as, but not limited to, file folders, storage boxes, office supplies, and furnishings. City of Gilroy will procure remanufactured products such as laser toner cartridges, tires, furniture, equipment and automotive parts and fluids whenever practicable, but without -6- ILLEZOTTEI727538,2 060507-04706083 Resolution No. 2007-50 reducing safety, quality or effectiveness. City of Gilroy will require all equipment purchased or leased after the adoption of this policy to be compatible with source reduction goals and practices when practicable, including but not limited to: . copiers and printers capable of duplexing, . battery-operated equipment capable of being recharged or using rechargeable batteries, . dishwashing equipment, when washable and reusable dishes and utensils are practicable. All buyers shall evaluate short-term and long-term costs in comparing product alternatives, when feasible. This includes consideration 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. Examples of products for which such cost comparisons can indicate significant differences between short- and long-term costs include, but are not limited to, janitorial towels and tissues, parking stops, park benches and tables, office equipment, software and vehicles. City of Gilroy staff will purchase products that are durable, long lasting, reusable or refillable whenever feasible. Waste Minimization City of Gilroy shall request vendors to eliminate packaging or use the minimum amount necessary for product protection, to the greatest extent practicable. Packaging that is reusable, recyclable or compostable is preferred, when suitable uses and programs exist. Vendors shall be encouraged to take back and reuse pallets and packaging materials. The City of Gilroy will work with suppliers of electronic equipment, including but not limited to computers, monitors, printers, and copiers, to take back equipment for reuse or environmentally safe recycling when City of Gilroy discards or replaces such equipment, whenever possible. Recycled Content Products City staff shall strive to incorporate the requirements the United States Environmental Protection Agency (U .S. EP A) has established for various materials, such as those for construction, landscaping, parks and recreation, transportation, vehicles, miscellaneous, -7- ILLEZOTTEI727538,2 060507-04706083 Resolution No. 2007-50 and non-paper office products. The programs are known as the Comprehensive Procurement Guidelines (CPG) and Recovered Materials Advisory Notice (RMAN). These programs are updated periodically to identify categories of material for which there are recycled content alternatives and the recommended recycled contents. Janitorial paper products shall contain the highest post consumer content practicable, but no less than the minimum recycled content standards established by the U.S. EP A Guidelines. Printer paper, office paper, and paper products shall contain the highest post consumer content practicable, but no less than the minimum recycled content standards established by the U.S. EPA Guidelines (see Definitions). Copiers and printers purchased or leased shall be compatible with the use of recycled content products. When necessary, suppliers shall train equipment maintenance personnel in the appropriate use of recycled products with their equipment. In accordance with California Public Contract Code, Sec. 10409, City of Gilroy shall purchase recycled lubricating and industrial oil for use in its vehicles and other equipment, as long as it is certified by the American Petroleum Institute (API) as appropriate for use in such equipment (see http://api-ep.api.org/quality/index.cfm for information about API's Engine Oil Licensing and Certification System). When specifying asphalt concrete, aggregate base or portland cement concrete for road construction projects, City of Gilroy shall use recycled, reusable or reground materials when practicable, including, but not limited to, in-place recycling of asphalt concrete, aggregate base and portland cement concrete; rubberized asphalt concrete; recycled aggregate base; recycled fly ash content concrete or recycled asphalt concrete. City of Gilroy shall specify and purchase recycled-content transportation products, including signs, cones, parking stops, delineators, and barricades, including recycled products approved by the California Department of Transportation (Caltrans). City of Gilroy shall specify and purchase carpet with recycled PVC backing, solution dyed nylon face fiber and permanent or durable anti-microbial treatment. In addition, the City should aim for producer responsibility for accepting old carpet for recycling to ensure future needs for carpet replacement will include the recycling of old carpet. Energy and Water Savings Where applicable, energy-efficient equipment shall be purchased with the most up-to-date energy efficiency functions. When necessary, suppliers or manufacturers shall train equipment operators and maintenance personnel in the proper enabling and use of energy efficient and sleep mode functions on their equipment. New and replacement equipment/fixtures will incorporate the requirements of this section. -8- ILLEZOTTE\727538,2 060507-04706083 Resolution No. 2007-50 When practicable, City of Gilroy shall replace inefficient lighting with energy efficient equipment. Incandescent, mercury vapor and T12 fluorescent lamps should be replaced with compact fluorescent lamps, high-intensity discharge (HID) fixtures and low-mercury T8 or T5 fluorescent lamps. The magnetic ballasts used in older fluorescent lighting should be replaced with electronic ballasts. New lighting should be designed to use no more than 85% of the power allowed by Title 24 Energy Code. Purchasers shall require vendors to recycle discarded lighting fixtures and lamps appropriately, with an emphasis on lowering mercury levels in energy efficient lighting. Staff will continue to investigate technologies that reduce the energy requirements of existing lighting such as sensors, timers and frequency regulators. All appliances purchased by City of Gilroy and for which the U. S. EP A Energy Star certification is available shall meet Energy Star certification. Typically, this would include motors/pumps; exhaust fans, water heaters, computers, exit signs, water coolers and appliances such as refrigerators, dishwashers and microwave ovens. When Energy Star labels are not available, choose energy efficient products that are in the upper 25% of energy efficiency as designated by Pacific Gas & Electric or the Federal Energy Management Program. Wherever City of Gilroy replaces roofs, Energy Star-qualifying roof materials shall be used. City of Gilroy shall purchase high efficiency space heating systems that use natural gas rather than electricity, and have annual fuel utilization efficiency (AFUE) of 0.86 or greater, whenever practicable City of Gilroy shall purchase high efficiency space cooling equipment with an energy efficiency rating (EER) of 11.5 or greater, whenever practicable. City of Gilroy shall purchase water-saving products whenever practicable. Toxics and Pollution When replacing vehicles, regular diesel shall be phased out and replaced with less polluting alternatives such as low sulfur or bio-diesel, gasoline, compressed natural gas, biobased fuels, hybrids, hydrogen fuel cells and electric batteries. To the extent practicable, no cleaning or disinfecting products (i.e. for janitorial or automotive use) shall contain ingredients that are eye or skin irritants, neurotoxins, carcinogens, mutagens, or teratogens. These include chemicals listed by the U.S. EP A 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. If products must be used that contain these toxic materials, ensure that only the minimum amounts are used and the product is disposed of properly (see Definitions). To the extent practicable, cleaning or disinfecting products should include -9- \LLEZOTTE\727538,2 060507-04706083 Resolution No. 2007-50 biodegradability, be in concentrated form, be non-aerosol and have a recyclable container made of plastic numbers 1 - 7. The use of chlorofluorocarbon-containing refrigerants, solvents and other products shall be phased out and new purchases shall not contain them. All surfactants and detergents where practicable shall be readily biodegradable and not contain phosphates. All interior paint shall contain the lowest concentrations practicable of volatile organic compounds (VOCs), but as a minimum shall not exceed 50 grams VOC per liter (50gll) for flat paint and 150 grams per liter (150gll) for non-flat paints, as determined in accordance with U.S. EP A Test Method 24, CFR Title 40, Part 60, Appendix A. For exterior paints, preference shall be given where practicable to paints containing at least 50 percent recycled content (post-industrial and post consumer) and/or VOC concentrations less than 150gl1 (U.S. EP A Test Method 24). All adhesives shall meet Bay Area Air Quality Management District Regulations. To the extent practicable, City of Gilroy shall reduce or eliminate its use of products that contribute to the formation of dioxins and furans. This includes, but is not limited to: . Purchasing paper, paper products, and janitorial paper products that are unbleached or that are processed without chlorine or chlorine derivatives, whenever possible. Processed chlorine free (PCF) paper is preferred. Elemental chlorine free (ECF) processes should include enhanced processes such as extended and oxygen delignification whenever possible. Vendors and successful bidders shall supply certification of the paper's chlorine free processing status from either a recognized certifying organization or the pulp and paper manufacturer. . Limit the purchase of products that use polyvinyl chloride (PVC) when possible such as, but not limited to, binders, flooring, and medical supplies whenever practicable. City of Gilroy shall purchase products and equipment with no lead or mercury whenever possible, including automotive vehicles, equipment and lighting. For products that contain lead or mercury, City of Gilroy shall give preference to those products with lower quantities of these metals and to vendors with established lead and mercury recovery programs. To facilitate the reprocessing of paper waste the City shall call for the use of soy/vegetable based inks for all outsourced printing jobs. Electronics As technology advances have brought about an exponential increase in the manufacture -10- ILLEZOTTEI727538,2 060507-04706083 Resolution No. 2007-50 of electronic items, the impact of obsolescence caused waste has been significant. Changing technology has brought the life expectancy of some items down to as little as two years. Additionally, current electronics manufacture is resource intensive and involves some toxic materials such as heavy metals. Electronic equipment procurement policies shall seek to preserve resources by reducing the purchase frequency and pursuing upgrade opportunities to the extent feasible. Acquisitions for electronic equipment should include "take back" provisions. Vendors shall be required to accept replaced equipment for recycling and proper disposal. Where possible, acquisitions shall require vendor to accept equipment back for recycling and proper disposal when it has reached the end of its useful life or is no longer working. Specifications for electronic equipment shall give preference to equipment manufactured with less toxic components or processes. Upon installation, electronic equipment will have all energy conservation features activated as the default setting. Landscaping Workers and contractors providing landscaping services for City of Gilroy shall employ sustainable landscape management practices whenever possible, including: . The use of Integrated Pest Management (IPM), including minimal pesticide use is encouraged. . Grasscycling (leaving the clippings on the lawn) or mulching mowers is required for at least 50% of all mowings. . Pruning shall be done on an as needed basis. Thinning is the preferred method of pruning. Minimal heading or shearing is encouraged. . Fertilizing should be done on an as needed basis, as indicated by a soil analysis. Slow release and/or organic fertilizers are preferred. . Irrigation scheduling based on weather (evapo-transpiration rates) is required whenever possible. Drip irrigation is preferred whenever practical. . Turf areas where drip irrigation is not appropriate should be limited to walking and play surfaces. All other landscaping (such as for views) should be accomplished with low-water plantings. . Recycling of plant debris by compo sting and/or maintaining a minimum 2-inch layer of mulch under all trees, shrubs and groundcovers and a minimum 3-inch layer in all open areas is strongly encouraged. Allowing leaf drop to become part -11- \LLEZOTTE\727538,2 060507-04706083 Resolution No. 2007-50 of the mulch layer in tree, shrub and groundcover areas is preferred. Plants should be selected to minimize waste by choosing species that are appropriate to the microclimate; species that can grow to their natural size in the space allotted them and perennials rather than annuals for color. Native and drought-tolerant plants that require no or minimal watering once established are preferred. To the greatest extent practicable, City of Gilroy shall not procure mulch products that originate from forest products. When possible, City of Gilroy shall give preference to mulch products that are produced on-site or from regionally generated plant debris. To the greatest extent practicable, City of Gilroy shall procure compost that is produced from feedstock that includes at least 50%, by volume, regionally generated plant debris and/or food waste and less than 0.5% by volume, physical contaminants. The compost shall be processed in accordance with California Code of Regulations, Title 14, Chapter 3, Article 7, Sections 17868.2-3 to promote pathogen reduction and weed seed kill and minimize heavy metal concentrations. Hardscapes and landscape structures constructed of recycled content materials are encouraged. Concrete substitutes are encouraged for walkways, such as rosin emulsion pavmg. Forest Conservation To the greatest extent practicable, City of Gilroy shall not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. When possible, City of Gilroy shall give preference to wood products that are certified to be sustainably harvested by a comprehensive, performance- based certification system, such as the Forest Stewardship Council. Agricultural Bio-Based Products Vehicle fuels made from non-wood, plant-based contents such as vegetable oils are encouraged whenever practicable. Paper, paper products and construction products made from non-wood, plant-based contents such as agricultural crops and residues are encouraged whenever practicable. DEFINITIONS "Agricultural Bio-Based Products" means commercial or industrial products (other than food or feed) that utilize agricultural crops or residues but does not include products made from forestry materials. "Buyer" means anyone authorized to purchase or lease on behalf of the City of Gilroy or its agencies or departments. -12- \LLEZOTTE\727538.2 060507-04706083 Resolution No. 2007-50 "Chlorine free" means products processed without chlorine or chlorine derivatives. "Contractor" means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor or other entity that has a contract with City of Gilroy or serves in a subcontracting capacity with an entity having a contract with City of Gilroy for the provision of goods or services. "Dioxins and furans" are a group of chemical compounds that are classified as persistent, bioaccumulative, and toxic by the Environmental Protection Agency. "Elemental Chlorine Free" (ECF) bleaching processes replace elemental chlorine gas with a chlorine derivative as the bleaching agent. There is a wide range of different bleaching sequences covered under this term. While all ECF processes significantly reduce the amount of dioxins created in the bleaching process, those that include enhanced processes such as extended and oxygen delignification achieve the greatest reduction. "Energy Star" means the U.S. EP A's energy efficiency product labeling program described at http://www.encrgvstar.gov. "Energy Efficient Product" means a product that is in the upper 25% of energy efficiency for all similar products, or that is at least 10% more efficient than the minimum level that meets Federal standards. 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 (http://fscus.org/html/). "LEEDTM Rating System" means the self-assessing system developed by the U.S. Green Building Council designed for rating new and existing commercial, institutional, and high-rise residential buildings. Credits are earned for satisfying defined criteria and standards. Different levels of green building certification are awarded based on the total credits earned. The LEEDTM Green Building Rating System is described at http://vv'vlI'W.usgbc.org. "Post consumer Material" means a finished material which would normally be disposed of as a solid waste, having reached its intended end-use and completed its life cycle as a consumer item, and does not include manufacturing or converting wastes. "Practical" and "Practicable" mean whenever possible and compatible with state and federal law, without reducing safety, quality, or effectiveness. "Pre consumer Material" means material or by-products generated after manufacture of a product is completed but before the product reaches the end-use consumer. Pre consumer material does not include mill and manufacturing trim, scrap, or broke which is generated at a manufacturing site and commonly reused on-site in the same or another manufacturing process. "Processed Chlorine Free (PCF)" refers to a recycled product in which the recycled -13- \LLEZOTTE\727538.2 060507-04706083 Resolution No. 2007-50 content is produced using no chlorine or chlorine derivatives. Any virgin content in the product must also be produced in a chlorine free system. "Proposition 65" means a list of chemicals that are known to the State of California to cause cancer, birth defects or other reproductive harm. The list is maintained by the California Office of Environmental Health Hazard Assessment (http://w.;vw.oehha.ca.gov/prop65 . html). "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 reconsider and post consumer material but does not include excess resources of the manufacturing process. "Recycled Content" means the percentage of recovered material, including reconsider and post consumer materials, in a product. "Recycled Content Standard" means the minimum level of recovered material and/or post consumer material necessary for products to qualify as "recycled products." "Recycled Product" means a product that meets City of Gilroy recycled content policy objectives for post consumer and recovered material. "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. "Reused Product" means any product designed to be used many times for the same or other purposes without additional processing except for specific requirements such as cleaning, painting or minor repairs. "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. "Title 24" means the State of California's energy efficiency standards for residential and nonresidential buildings (Title 24, Part 6) maintained by the California Energy Commission and described at http://www.energy.ca.gov/title24. The "Toxics Release Inventory" (TRI) is a publicly available U. S. EP A database that contains information on toxic chemical releases and other waste management activities reported annually by certain covered industry groups as well as federal facilities. It includes chemicals that are classified as carcinogens under the requirements of the Occupation Safety and Health Administration (OSHA) Lists can be obtained from http://www.epa.gov/tri/chemical/index.htm. "U.S. EP A Guidelines" means the Comprehensive Procurement Guidelines established by the U.S. Environmental Protection Agency for federal agency purchases as of May 2002 -14- \LLEZOTTE\727538,2 060507-04706083 Resolution No. 2007-50 and described at http://www.epa.gov/epaoswer/non-hw/procure/products.htm, or as updated. "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. PRIORITIES The City of Gilroy considers sustainability to be the foundation of lasting quality of life improvement programs. Environmentally Preferred Purchasing is a key step in leading the business community and residents towards that goal. City of Gilroy has made significant investments in developing a successful recycling system and recognizes that recycled content products are essential to the continuing viability of that recycling system and for the foundation of an environmentally sound production system. Therefore, to the greatest extent practicable, recycled content shall be included in products that also meet other specifications, such as chlorine free or bio- based. IMPLEMENTATION Environmental Programs shall help departments implement this policy through development of an advisory committee consisting of members representing Purchasing, Information Technology, Environmental Programs, Police, Fire, Fleet & Facilities, and each department. The team's responsibilities shall include, but are not limited to: . evaluating opportunities for substituting environmentally preferable products, . designing and implementing programs and processes for increasing the purchase of environmentally preferable products, . educating managers and employees about City of Gilroy's Environmentally Preferable Purchasing Policy, . ensuring that purchasing documents, specifications, and contracting procedures do not contradict each other and do not deter or inhibit the purchase of environmentally preferable products, . providing information to facilitate the evaluation and purchase of environmentally preferable products, including identifying appropriate products and sources and providing technical assistance, . evaluating obstacles to purchasing such products in order to create solutions, and. -15- \LLEZOTTE\727538,2 060507-04706083 Resolution No. 2007-50 . tracking and recording progress in achieving successful results. In compliance with State law, vendors shall be required to specify the minimum or actual percentage of recovered and post consumer material in their products, even when such percentages are zero. Vendors and successful bidders shall verify and report any environmentally preferable purchasing attributes in writing. This requirement for certification applies to products for which the vendor or successful bidder claims such attributes as apply to the product, including, but not limited to, recycled content, chlorine free, non-toxic, reduced toxicity, sustainable forestry, and energy-saving features. Buyers making the selection shall provide a written explanation for not selecting product choices that meet the environmentally preferable purchasing criteria in this policy. Such written explanations shall be filed with the Purchasing Agent within 15 days of making the product choice (see Attachment for sample procurement determination form). All contracts and grants providing services or products to the City of Gilroy shall adhere to the guidelines stated in this policy to the extent possible. PROGRAM EVALUATION AND MEASUREMENT The Purchasing Coordinator shall forward a record of purchases of environmentally preferable products to the Environmental Programs Coordinator. Whenever practicable, vendors will be required to provide reports on their sales of environmentally preferable products to assist City of Gilroy in keeping records. The Environmental Programs Coordinator shall provide an annual report to the City Council on the success ofthis policy's implementation. To the extent practicable, such report shall include information on the annual volume and dollar amount of environmentally preferable products purchased compared to the total amount of products purchased, within general product categories. When possible, reports shall include a narrative evaluation of the performance, safety, and environmental benefits achieved through use of the environmentally preferable products purchased. Reports shall include notation of any barriers encountered in procurement of environmentally preferable products, recommendations for resolution, and/or description of assistance needed for overcoming the obstacles. -16- \LLEZOTTE\727538.2 060507-04706083 Resolution No. 2007-50 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-50 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 11 th day of June, 2007, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 18th day of June, 2007. ) .- \ ~ ) ~,. /.''It/} i ,/ (( J:L {' L. c ""- City Clerk of the City of Gilroy (Seal)