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HomeMy WebLinkAboutLegislation V2Second Reading Ordinance City of Miami Legislation Ordinance SR.3 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 III, ENTITLED ENVIRONMENTALLY PREFERABLE PURCHASING, TO SET FORTH THE 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 are to 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 year 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 of Miami ("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; and WHEREAS, an Environmentally Preferable Purchasing Ordinance is hereby City of Miami Page 1 of 7 Printed On: 6/4/2008 File Number: 08-00230 established; 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 City Code entitled Green Initiatives in the following particulars (1} "CHAPTER 22.5 GREEN INITIAVES 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 throuqh environmentally preferable purchasing in order to: (1) Increase purchases of environmentally preferable products and services to achieve the City of Miami's mission, while maintaining performance and availability and remaining cost effective, with continual improvement. (2) Reduce occupational health hazards for City staff and 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. (3) Reduce the City of Miami's contribution to global climate change by purchasing goods and services that lead to a reduction in greenhouse gas emissions from commodities. (4) Improve the air quality for City residents and visitors by purchasing commodities that minimize emissions of air pollutants. (5) Protect the quality of the City'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; (6) Preserve resources locally and globally through purchasing practices that include: (i) Maximizing the use of water and energy efficient products: (ii) Maximizing post -consumer recycled content and readily recyclable or City of Miami Page 2 of 7 Printed On: 6/4/2008 File Number: 08-00230 compostable materials; (iii) Reducing the use or creation of landfilled materials., (iv) Favoring long-term product use through durability, repairability, and reuse; (v) Considering life -cycle analysis of products consisting of, but not limited to, manufacture, transportation, use, and disposal; (vi) Supporting strong recycling markets; (vii) Creating a model for successfully purchasing environmentally preferable products that encourages other purchasers or consumers in our community to adopt similar practices. Section 22.5-XXX. Definitions. Environmentally Preferable Products and Services means products or services, including construction and professionally related services, that have a lesser or reduced deleterious 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. Environmental Violations means violations of federal, state, county, and city laws, codes, and ordinances instituted to protect the environment, including but not limited to, 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. 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 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. Responsibilities of City Offices, Departments, and Agencies. 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: City of Miami Page 3 of 7 Printed On: 6/4/2008 File Number: 08-00230 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. 2. Develop and maintain achievable Practicable standards, for all products on the Approved Alternatives List 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 practicable . 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 Tong -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. City of Miami Page 4 of 7 Printed On: 6/4/2008 File Number. 08-00230 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 packaginq 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 training on Environmentally Preferable Products and Services into existing procurement training programs and supplier and vendor outreach programs to encourage contractors, consultants, sponsors, suppliers, and vendors to use Environmentally Preferable Products and Services with the maximum amount of post -consumer recycled material and certify that products and services 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 and Services. IIi. Procurement pursuant to the Procurement Code of the City of Miami, FL , as amended, more specifically, 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 Preferable Products and Services, and reference the Approved Alternatives List when applicable. Environmental compliance history shall be considered during procurement. Bidders with three (3) or more Environmental Violations within a one-year period shall not be considered. Additional Environmental Violations may include: 1) Neglecting to institute or maintain Best Management Practices (BMPs), as described in the Environmental Protection Agency's Storm Water Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices Summary Guidance Manual (1992), in order to reduce or prevent unfavorable environmental impact to the maximum extent practicable. 2) Illicit discharges and connections, or illegal dumping as defined by the City of Miami's City of Miami Page 5 of 7 Printed On: 6/4/2008 File Number: 08-00230 National Pollutant Discharge Elimination System (NPDES) permit, issued by the Florida Department of Environmental Protection, for which the Public Works, Building, Solid Waste, and Code Enforcement Departments or any other City, County, or federal department or agency of competent jurisdiction have issued a citation, notice of violation (NOV) or other written notice of non-compliance. Bidders that have committed Environmental Violations while contracted by the City of MiamOiami-Dade County, the State of Florida, or the United States government 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, at its own expense, completely corrects and mitigates the Environmental Violation to the satisfaction of the City 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, penalties, damages, losses, and costs, including, but not limited to the correction and remediation of an Environmental Violation and 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 on the following: 1. When the Price Premium Differential is over ten percent (10%); or 2. A finding is made that the City is at a financial deficit and the purchase of Environmentally Preferable Products or Services would be cost -prohibitive; or 3. The product or service is not available ; or 4. The product or service is unsafe ; or 5. The product or service does not have adequate competition. — a. The City Manager or designee will periodically issue reports detailing the implementation status of this article, review product standards, make recommendations for raised standards, and total quantities by volume and dollar amount of Environmental Preferable Products or Services 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: JULIE O. BRU CITY ATTORNEY City of Miami Page 6 of 7 Printed On: 6/4/2008 File Number: 08-00230 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. City of Miami Page 7 of 7 Printed On: 6/4/2008