HomeMy WebLinkAboutLegislation V1City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00230 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5,
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"GREEN INITIATIVES," BY ADDING A NEW ARTICLE ENTITLED
"ENVIRONMENTALLY PREFERABLE PURCHASING," TO SET FORTH
PURPOSE, DEFINITIONS, AND RESPONSIBILITIES FOR ENVIRONMENTALLY
PREFERABLE PURCHASES; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 12, 2007, the Miami City Commission enacted Resolution No. 07-0198,
directing the City Manager to develop an ordinance for establishing an "Environmentally Preferable
Purchasing Program" to integrate environmentally preferable policies into all City of Miami ("City")
purchases of goods and services; and
WHEREAS, as a result of this Ordinance, administrative policies and procedures shall be drafted
and implemented to research, identify, and use environmentally sensitive, sustainable, and friendly
products; and
WHEREAS, the Mayor and City Commission have committed the City to a Climate Protection Plan,
in order to reduce the City's carbon emissions below 1990 levels by 2012; and
WHEREAS, established written administrative policies and procedures shall be in accord with this
"Environmentally Preferable Purchasing Ordinance;" and
WHEREAS, the environment and forest can be protected and air, climate, water, food, and human
health quality improved through the efforts of environmentally preferable purchasing; and
WHEREAS, the City shall promote "Environmentally Preferable Purchasing" in its acquisition of
goods and services and consider life cycle effects from pollution, waste generation, energy
consumption, recycled material content, depletion of natural resources, and potential impact on health
and nature in its procurement decisions; and
WHEREAS, leveraging the City's institutional power towards the procurement of environmentally
preferable products and services increases market demand, spurs market innovation, and ensures
that these products and services are made available in the open market at an affordable cost;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 22.5 of the Code of the City of Miami, Florida, as amended, entitled "Green
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Initiatives," is amended in the following particulars:{1}
"CHAPTER 22.5
GREEN INITIATIVES
ARTICLE III. ENVIRONMENTALLY PREFERABLE PURCHASING
Section 22.5-XXX. Intent
The purpose of this article is to provide the framework to reduce negative impacts to human health
and the environment through environmentally preferable purchasing in order to:
Increase purchases of environmentally preferable products and services to achieve the Citv's
mission, while maintaining performance and availability and remaining cost effective, with
continual improvement.
0 Reduce occupational health hazards for City staff as well as reduce exposure of City residents
and visitors to potentially toxic chemicals by purchasing environmentally sensitive, sustainable
friendly goods for use or identifying products to be used by service providers that do not harm
human health or the environment.
0 Reduce the City's contribution to global climate change by purchasing goods and services that
lead to a reduction in greenhouse gas emissions from commodities.
Improve the air quality for City residents and visitors by purchasing commodities that minimize
emissions of air pollutants.
Protect the quality of the Citv's ground and surface waters by eliminating the use of chemicals
known to contaminate local water resources and ecological systems through toxicity,
bioaccumulation or persistence;
Preserve resources locally and globally through purchasing practices that include:
DI Maximizing the use of water and energy efficient products;
ii Maximizing post -consumer recycled content and readily recyclable or compostable
materials:
iii Reducing the use or creation of materials that are Iandfilled;
fiy1 Favoring long-term use through product durability, repairability, and reuse;
Considering life -cycle analysis of a product consisting of, but not limited to,
manufacture, transportation, use, and disposal;
fia Supporting strong recycling markets: and
(vii) Creating a model for successfully purchasing environmentally preferable products that
encourages other purchasers or consumers in our community to adopt similar
practices.
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Section 22.5-XXX. Definitions.
"Environmentally Preferable" means products or services, including construction and professionally
related services, that have a lesser or reduced effect on human health and the environment when
compared with competing products or services that serve the same purpose. This comparison may
consider raw materials acquisition, production method or location, manufacturing, packaging,
distribution method, reuse, operation, maintenance, or disposal of the product or service.
"Life Cycle Analysis" means the comprehensive examination of the environmental and economic
aspects of a product and potential impacts throughout its lifetime,_ including raw material extraction,
transportation, manufacturing, use, and disposal.
"Post -consumer recycled material" means only those by-products generated by a business or
consumer after a desired material or product has served its intended use, and which has been
separated or diverted from the solid waste stream for the purposes of collection recycling and
disposition. This does not include newsstand returns and printers' overruns.
"Practical or Practicable" means in compliance with local, state, and federal laws, rules, and
regulations; without reducing safety, quality, or effectiveness: and sufficient in performance and
available at a reasonable price as set forth by this ordinance.
"Price Premium Differential" is the difference in price between the environmentally preferable product
or service and the non -environmentally preferable product or service.
Section 22.5-XXX. City Offices, Departments, and Agencies Duties and Responsibilities.
I. The City Manager or designee shall:
1. Develop a list of approved environmentally preferable products or services designated the
Approved Alternatives List, which shall contain:
a. Environmentally preferable products and services based on life cycle analysis,
environmental impact, cost, availability, Price -Premium Differential, performance and
safety. The list shall include to the maximum extent practicable, but not be limited to,
specifications for: paper products, wood products, furniture, toner cartridges, plastic
bags, electronics, batteries, appliances, lighting, exit signs, traffic signals, construction
products, landscaping, janitorial products, food containers, chemicals, packaging,
meeting accommodations, thermostats, ventilation, and air conditioning systems,
building insulation, playfield surfaces, landscaping, vehicles and reusable products.
b. For products for which the U.S. Environmental Protection Agency has adopted a
Comprehensive Procurement Guideline (CPG) under the Resource Conservation and
Recovery Act (RCRA), the minimum recycled content standard for products on the
Approved Alternatives List shall not be less than the content standards specified in the
most recent CPG.
c. The Approved Alternatives List shall include products for which the U.S. Environmental
Protection Agency Energy Star® program provides ratings, such as for any equipment
that uses electricity, natural gas, or fuel oil as well as products that indirectly impact
energy use, such as, but not limited to, windows, doors and skylights. If the Price
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Premium Differential is greater than ten percent (1O%), Energy Star® compliant
products may still be used, however, the City shall not be obligated to purchase and use
Energy Star® compliant products in those circumstances.
2. Develop and maintain practicable standards, which all _products on the Approved Alternatives
List must strive to meet. The standards shall include, but not be limited to: energy efficiency,
contribution to greenhouse gas emissions, depletion of natural resources, reusability, waste
generation potential impact on human health and the environment, recycled content, water
efficiency, and life -cycle.
II. All City offices, departments, and agencies shall:
1. Purchase and use environmentally preferable products and services on the Approved
Alternatives List when applicable.
2. Institute practices that reduce waste and result in the purchase of fewer products whenever
Practicable, without reducing performance or safety.
3. Consider short-term and lonq-term costs (life -cycle analysis) in comparing product alternatives,
when Practicable. 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. Purchase products that are durable, long lasting, reusable or refillable whenever Practicable.
5. Explore the elimination of packaging or minimize the amount necessary for product protection
to the greatest extent Practicable. ,
6. Identify or use packaging that is reusable, recyclable or compostable, when suitable uses and
programs exist.
7. Reuse pallets and packaging materials, whenever possible.
8. Require suppliers of electronic equipment, including, but not limited to, computers, monitors,
printers, and copiers, to reuse or safely recycle the products upon discarding or replacing such
equipment.
9. Incorporate environmentally preferable products training into existing procurement training
programs and supplier and vendor outreach programs thereby encouraging contractors,
consultants, sponsors, suppliers, and vendors to use environmentally preferable products and
products with the maximum amount of post -consumer recycled material, and certify that these
products are environmentally preferable.
10. Insure all specifications, standards, scope of work, or scope of services, drawings, or work
statements incorporate the purchase of environmentally preferable products or services as
required in this article and eliminate any standards or specifications that create artificial barriers
to the purchase of environmentally preferable products.
III. All issued Invitation for Bids (IFB), Request for Proposals (RFP), Request for Qualifications (RFQ),
and Request for Letters of Interest (RFLI) shall reference this ordinance, define environmentally
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preferable products and services, and reference the Approved Alternatives List when applicable.
Environmental compliance history shall be taken into account during the selection of a successful
bidder. Bidders with three (3) or more environmental violations within a one-year period shall be
excluded from consideration. Environmental violations include, but are not limited to, violations of
federal, state, county, and City laws, codes, and ordinances instituted to protect the environment,
such as Title 49, United States Code, Chapter 62, as amended, Florida Administrative Code,
Chapter 24, as amended, the Code of Miami -Dade County, FL, as amended, Chapters 10, 14, 22,
35, and 49, of the Code of the City of Miami, FL, as amended and neglecting to institute or
maintain best management practices in order to prevent environmental impact to the maximum
extent Practicable. Environmental violations also include engaging in activities which are classified
as illicit discharges, illicit connections, or illegal dumping by the City of Miami's National Pollutant
Discharge Elimination System permit with the Florida Department of Environmental Protection for
which the Department of Public Works, the Building Department, the Solid Waste Department, and
the Code Enforcement Department has issued the bidder a notice of non-compliance pursuant to
F.S. Chapter 162. Bidders which have committed any environmental violations while contracted by
any City, County State, or federal agency shall be excluded from consideration on future City of
Miami projects for at least one (1) year from the date of the most recent violation. If a contractor or
consultant commits an environmental violation while performing work for the City of Miami,
payment shall be withheld until the contractor or consultant completely corrects and mitigates the
environmental violation to the satisfaction of the Citv and any other applicable regulatory agencies.
The violator, its agents, servants, affiliates, or representatives shall fully hold harmless the CITY,
its officers, agents, directors, and employees, from liabilities, damages, losses, and costs,
including, but not limited to reasonable attorney's fees, to the extent caused by the environmental
violation.
IV. Upon the recommendation of the Chief Procurement Officer, the Budget Director, or the Chief
Financial Officer, the City Manager or designee may waive the requirement to purchase
environmentally preferable products and services on the Approved Alternatives List based upon
lack of availability, safety concerns, lack of competition, when the Price Premium Differential is
over ten percent (10%), or a finding is made that the City is at a financial deficit and the purchase
of environmentally preferable products would be cost -prohibitive.
The City Manager or designee will periodically issue reports detailing the implementation status of the
environmental preferable purchasing program and this article, review product standards, make
recommendations for raised standards, and total quantities by volume and dollar amount of
environmental preferable products purchased.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:`
CITY ATTORNEY 44
JULIE O. BRU
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Footnotes:
{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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