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RES-2022-040RESOLUTION NO. 2022-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING AN ENVIRONMENTALLY PREFERABLE PURCHASING POLICY. WHEREAS, in September 2016, Governor Jerry Brown signed Senate Bill (SB) 1383 into law setting statewide methane reduction targets; and WHEREAS, the targets include requirements to reduce organic waste sent to landfills by 75% and to rescue 20% of edible food, all by 2025; and WHEREAS, as a consequence of SB 1383, the California Department of Resources Recycling and Recovery (CalRecycle) was granted the authority to adopt regulations to help achieve the state targets; and WHEREAS, as part of these regulations, the City is encouraged to adopt a policy which details the guidelines and rationale for the procurement of recovered organic waste products (compost and mulch) and the purchase of recycled paper products to help the City comply with the regulations and meet its annual target; and WHEREAS, the City has developed a proposed Environmentally Preferable Purchasing Policy, attached hereto as Exhibit "A;" and WHEREAS, the proposed policy encourages, whenever practical and possible, the purchase of recycled/recyclable supplies and materials and other environmentally preferable products to minimize environmental impacts; and WHEREAS, the City Council of the City of Anaheim desires to adopt an Environmentally Preferable Purchasing Policy. NOW, THEREFORE, the City Council of the City of Anaheim does hereby resolve as follows: Section 1. The City Council hereby adopts the Environmentally Preferable Purchasing Policy, attached hereto as Exhibit "A". THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this _ay_day of Anr; t , 2022, by the following roll -call vote: AYES: Mayor Sidhu and Council Members O'Neil, Diaz, Wee, Moreno, Valencia and Faessel NOES: None ABSTAIN: None ABSENT: None MAY"R P1{'f W VITI OF ANAHEIM CL RK OF THE CTTY OF ANAHEIM V 145569 EXHIBIT "A" [Behind this sheet] City of Anaheim Finance Department — Purchasing Division ENVIRONMENTALLY PREFERABLE PURCHASING POLICY PURPOSE: It is the policy of the City, applicable to all departments and divisions, to incorporate the use of recycled -content paper products and recovered organic waste product into purchasing practices and procurement. This Environmentally Preferred Purchasing Policy (Policy) will help the City to: 1. Protect and conserve natural resources. 2. Purchase products that minimize environmental impacts. 3. Comply with State requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (Sections 18993.1-18993.4) to procure Recovered Organic Waste Products to support Organic Waste disposal reduction targets and markets, and to purchase Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper. POLICY: The City of Anaheim is committed to setting a good example for other agencies and private enterprises. This Policy is intended to support, whenever practical and possible, the purchase of recycled and environmentally preferable products to minimize environmental impacts relating to our work. Staff is encouraged to adhere to these policies and procedures whenever feasible, however nothing in this Policy shall be construed as requiring the purchase of products that do not perform adequately or are not available at a reasonable prices and terms. RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT: Procurement Target: The City will annually procure, for use or giveaway, a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target. To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target, products that may be procured include the following: • Compost • SB 1383 Eligible Mulch Eff. Date: 4/27/2022 City of Anaheim Finance Department— Purchasing Division ENVIRONMENTALLY PREFERABLE PURCHASING POLICY Requirements for City Departments: Divisions and departments responsible for landscaping maintenance, renovation, or construction shall use Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste for landscaping maintenance, renovation, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet orexceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). Divisions and departments responsible for landscaping, maintenance, renovation, or construction, shall keep and submit records to the Public Works Department, upon completion of project. Records shall include: • General description of how and where the product was used and applied, if applicable • Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured • Type of product • Quantity of each product • Invoice or other record demonstrating purchase or procurement • For Compost and SB 1383 Eligible Mulch provided to residents through giveaway events or othertypes of distribution methods, records shall be maintained and submitted to the Public Works Department • For procurement of SB 1383 Eligible Mulch, maintain an updated copy of the landscaping service agreement requiring that all mulch meets the land application standards specified in the applicable regulations When Procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, City Departments shall enter into a written contract or agreement or execute a purchase order with enforceable provisions that includes: (1) definitions and specifications for SB 1383 Eligible Mulch and Compost and, (ii) an enforcement mechanism (e.g., termination, liquidated damages) in the event the Direct Service Provider is not compliant with the requirements. Eff. Date: 4/27/2022 City of Anaheim Finance Department — Purchasing Division ENVIRONMENTALLY PREFERABLE PURCHASING POLICY Requirements for Direct Service Providers: Direct Service Providers of landscaping maintenance, renovation, and construction shall: 1. Use Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste, as practicable and defined by this Policy, for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. 2. Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to the Public Works Department annually upon request. Information to be provided shall include: • General description of how and where the product was used and if applicable, applied • Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured • Type of product • Quantity of each product • Invoice or other record demonstrating purchase or procurement RECYCLED -CONTENT PAPER PROCUREMENT Requirements for Citv Deoartments If fitness and quality of Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper are equal to that of non -recycled items, and recycled content products are available at the same or lesser total cost, then all departments and divisions of the City shall purchase Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, consistent with the requirements of the Public Contracts Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended. All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable label, indicating that recycling facilities are available to at least 60 percent of the consumers or communities where the item is sold (as defined in Title 16 Code of Federal Regulations Section 260.12 [2013]). City Departments shall provide records to the Public Works Department of all Paper Products and Printing and Writing Paper purchases (both recycled -content and non -recycled content, if any is Eff. Date: 4/27/2022 City of Anaheim Finance Department — Purchasing Division ENVIRONMENTALLY PREFERABLE PURCHASING POLICY purchased) made by a division or department or employee of the City annually upon request. Records, which may consist of reports provided by the vendor, shall include: • A copy of the invoice or other documentation of purchase • Written certifications as required for recycled -content purchase • Vendor and purchaser name • Quantity and date purchased • Recycled content (including products that contain none) The Public Works Department will review all records annually and may request further information from City Departments if necessary for State reporting. Requirements for Vendors: All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to City shall: 1. Provide Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non -recycled item, and available at equal or lesser price. 2. Provide Paper Products and Printing and Writing Papers, and certify in writing that the products are eligible to be labeled with an unqualified recyclable label. An unqualified recyclable label indicates that recycling facilities are available to at least 60 percent of the consumers or communities where the item is sold (as defined in Title 16 Code of Federal Regulations Section 260.12 [2013]). If the vendor is unable to provide written certification that products are eligible for an unqualified recycling label, the vendor shall make note of the reasons why and submit to the Public Works Department to be included in the implementation record. 3. Display verification of the minimum percentage of postconsumer material in the Paper Products, Printing and Writing Paper offered or sold to the City via a product label, catalog, invoice, or a manufacturer or vendor internet website. If not applicable, the vendor shall certify in writing, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. 4. Provide records to the Public Works Department of all Paper Products and Printing and Writing Paper (both recycled -content and non -recycled content) purchased from the vendor by a division or department or employee of the City annually upon request. Records shall include: Eff. Date: 4/27/2022 City of Anaheim Finance Department — Purchasing Division ENVIRONMENTALLY PREFERABLE PURCHASING POLICY • A copy of the invoice or other documentation of purchase • Written certifications as required for recycled -content purchase • Vendor and purchaser name • Quantity and date purchased • Recycled content (including products that contain none) All vendors providing printing services to the City via a printing contract or written agreement, shall use Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as amended by Public Contract Code Section 12209, if fitness and quality are equal to that of non -recycled item, and available at equal or lesser price. GLOSSARY: Annual Recovered Organic Waste Product Procurement Target - means the amount of Organic Waste in the form of a Recovered Organic Waste Product that the City is required to procure annually under 14 CCR Section 18993.1. This target shall be calculated by multiplying the per capita procurement target, which shall be 0.08 tons of Organic Waste per California resident per year, times the Cites residential population using the most recent annual data reported by the California Department of Finance. Annually, CalRecycle will provide notice to each City of its Annual Recovered Organic Waste Product Procurement Target by pasting such information on CaMecycle's website and providing written notice directly to the City. Compost - means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). The eligibility requirements for meeting the Annual Recovered Organic Waste Product Procurement Target require that the Compost must either be 1) produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7; or ii) produced at a large volume in -vessel digestion facility that composts on -site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State's composting operations regulatory requirements. Direct Service Provider- means a person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). Landfill Disposal — means final disposition at a landfill or as otherwise defined in 14 CCR Section 18983.1(a) and includes use of material as alternative daily cover or alternative intermediate cover at a landfill, and other dispositions not listed in 14 CCR Section 18983.1(b). Eff. Date: 4/27/2022 City of Anaheim Finance Department — Purchasing Division ENVIRONMENTALLY PREFERABLE PURCHASING POLICY Organic Waste - means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing And Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively. Paper Products - include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51). Printing and Writing Paper- include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54). Procurement of Recovered Organic Waste Products - shall mean purchase or acquisition (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), and end use bythe City or others. The Citys Annual Recovered Organic Waste Product Procurement Target can be fulfilled directly by the City or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the City's behest. Recovered Organic Waste Products - means products made from California, landfill -diverted recovered Organic Waste processed at a permitted or otherwise authorized operation orfacility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in -vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper- means such products that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code, and as amended. SB 1383 - means Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. SB 1383 Eligible Mulch - means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7, and which meets the conditions as specified by 14 CCR Section 18993.1(f)(4) for the duration of the applicable procurement compliance year. Eff. Date: 4/27/2022 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2022-040 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 26th day of April 2022 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members O'Neil, Diaz, Ma'ae, Moreno, Valencia, and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of April. 2022. qCITYERK OF THE CITY OF ANAHEIM (SEAL)