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HomeMy WebLinkAbout01-25-12 City Administration Committee Meeting Agenda CITY ADMINISTRATION COMMITTEE Wednesday, January 25, 2012 6:00 p.m. COMMON COUNCIL CHAMBERS AGENDA 1. Chairperson Greeting & Opening Statement 2. Announcements 3. Agenda Review and Amendments 4. Approval of Minutes 5. Statements from the Public 6. Employee Comments 7. Common Council Response 8. Workforce Diversity Committee 9. Safety Committee 9.1 Workers’ Compensation Annual Report 10. Fire Department 10.1 Amendment to Personnel Roster – Fire Code Inspection Services - Report 11. Department of Public Works 11.1 Amendment to Personnel Roster – Addition of Light Equipment Operator Position - Resolution 12. IURA/Planning and Development 12.1 Housing Fund, Funding Round #4 – Authorize Disbursement of $30,000 Pursuant to an Executed MOU – Resolution 13. City Clerk’s Office 13.1 2012 Special Events Policy – Resolution 14. Human Resources 14.1 Request to Approve the 2012 Authorized Adjustments - Resolution 14.2 Director’s Report 15. Finance/Controller’s Office 15.1 Adoption of Policy Statement on Environmentally Preferable Purchasing – Resolution 15.2 Amendment of the City of Ithaca Purchasing Policy – Resolution 15.3 Ordinance amending Chapter 39 (“Contracts”) of the Municipal Code of the City of Ithaca - Resolution 15.4 Controller’s Report 16. Reports 16.1 Mayor’s Report 16.2 Sub-Committee Updates 15.3 Council Members’ Announcements 15.4 Next Month’s Meeting: February 29, 2012 J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 11. Department of Public Works .1 Amendment to Personnel Roster – Addition of Light Equipment Operator Position WHEREAS, the upgrade of a Maintenance Worker Position to a Light Equipment Operator Position will be funded from the current 2012 Department of Public Works budget, and WHEREAS, the Ithaca Civil Service Commission has classified the Light Equipment Operator position; now, therefore be it RESOLVED, That the Personnel Roster of the Streets & Facilities Division of the Department of Public Works be amended as follow: Add: One (1) Light Equipment Operator and be it further RESOLVED, That the Maintenance Worker position vacated due to the promotion of an employee to Light Equipment Operator shall remain on the Department of Public Works personnel roster in an unfunded capacity, and be it further RESOLVED, That said amendment shall be done within the existing 2012 authorized budget. J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 12. IRUA/Planning and Development .1 Housing Fund, Funding Round #4 – Authorize Disbursement of $30,000 Pursuant to an Executed MOU WHEREAS, the Housing Fund Program Oversight Committee (POC) met on December 12, 2011, to review applications for funding submitted in November 2011, and recommended funding for the following affordable housing project from the Housing Fund, which is jointly capitalized by Cornell University, Tompkins County and the City of Ithaca: Applicant Program Project Dollar Amount Recommended Number of Units Location INHS Trust INHS Community Housing Trust: 314 S. Plain Street $30,000 (grant) 1 owner- occupied unit City of Ithaca , and WHEREAS on April 1, 2009, the Common Council of the City of Ithaca authorized the Mayor to execute a six-year Memorandum of Understanding (MOU) between the City of Ithaca, Tompkins County and Cornell University to develop, fund, and administer the Community Housing Affordability Program and the Community Housing Trust Program (Collectively known as the “Housing Fund”), and WHEREAS, on April 1, 2009, the Common Council found that the most appropriate locations for new housing units assisted through the Housing Fund are project sites located within existing urbanized areas of the County, rather than in new growth nodes or other areas of the County, and WHEREAS, the Common Council further found that City contributions to the Housing Fund should be used to assist projects located within the City of Ithaca, and WHEREAS, the Community Housing Affordability Program assists with pre-development costs associated with residential, and mixed-use real estate development projects primarily benefiting low- and moderate-income households, and the Community Housing Trust Program provides grants to construct or rehabilitate homes that will be made permanently affordable to low- and moderate-income households, and WHEREAS, City funds committed to the Housing Fund are derived from Gateway Loan proceeds that originated from sale of City-owned land for the Eddygate project, and are held by the Ithaca Urban Renewal Agency, and WHEREAS, the POC unanimously recommended that the City fund the 314 S. Plain Street project to demolish the existing dilapidated structure and construct a new single-family dwelling to be enrolled in the INHS Community Housing Land Trust, and WHEREAS, upon City authorization to fund the 314 S. Plain Street project, the allocation of funding between the sponsor organizations is the following: J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 Funding Sources ($1,000s) Cornell Tompkins City of Funding Round University County Ithaca Total Round #1 (2009) 145 100 30 275 Round #2 (2010) 75 70 70 215 Round #3 (2011) 100 100 0 200 Round #4 (2011) 0 0 30 30 Totals 320 270 130 720 Funds carried forward to Round #5 280 30 170 480 Total 3-Year Funding Commitment 600 300 300 1,200 and, WHEREAS, City of Ithaca funding is proposed to be used to fund construction and/or substantial rehabilitation of single family and two-family residences, which action qualifies as a Type II action listed at:  §176-5(C)(8): “construction or expansion of a single-family, a two family, or a three family residence on an approved lot including provision of necessary utility connections as provided in Subsection C(10),” and  §176-5(C)(2): “replacement, rehabilitation or reconstruction of a facility in kind on the same site, including upgrading buildings to meet building or fire codes,“ therefore, no further environmental review is required for this proposed action; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes expenditure of up to $30,000, pursuant to the Housing Fund MOU, to assist the INHS Community Housing Trust: 314 S. Plain Street project as recommended by the Housing Fund Program Oversight Committee, and be it further, RESOLVED, That such funds shall be derived from Gateway Loan Proceeds held by the Ithaca Urban Renewal Agency, and be it further, RESOLVED, That the Mayor is authorized, subject to advice of the City Attorney, to execute a fiscal agency agreement with Tompkins County to implement this resolution. J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 13. City Clerk’s Office .1 2012 Special Event Policy WHEREAS, the City of Ithaca Special Events Team was tasked with the responsibility of creating a “fiscal emergency special event policy” in response to the city’s increasing financial constraints and its declining ability to provide services to community events, and WHEREAS, the City realizes the importance of festivals, competitive events, concerts, and neighborhood gatherings to the community as they contribute to the spirit and vitality of our City and enhance Ithaca’s standing as a tourism destination; now, therefore, be it RESOLVED, That Common Council hereby approves the following recommendations of the Special Events Team to reduce costs, increase revenues, and explore solutions that will reduce the pressure of departmental budgets while allowing not-for-profit organizations the ability to build budgets that will support the true costs of their events: 2012 Special event permit applications will not be considered for days that are deemed holidays for City employees. Applications for walking, running, biking, events will only be considered for City-approved courses that require little to no law enforcement presence for traffic control. Currently, there are 2 approved courses that utilize Cass Park/Cayuga Waterfront Trail and Stewart Park/Cayuga Waterfront Trail Applications for new street parades will not be considered. The Ithaca Festival and Veteran’s Day parades will be considered on City-approved parade routes only. A team will be appointed to consider charging special event parking rates at Cass Park and Stewart Park during established special events such as the Dragon Boat Festival and the Scottish Games. A recommendation from this team will be due in the Mayor’s Office by May 31, 2012. Work to be completed by the 2013 Special Event Season: Consider the creation a budget account specific to special events that is funded with the revenues collected from Special Event parking and event related pavilion fees. Staff time and equipment costs will be charged to this account. Consider charging event organizers for city costs that are not routine daily duties:  2012 cost for a police officer is $72.50 per hour  2012 DPW costs for labor and equipment is $70 per hour o cost to post a street block “No Parking” = $44 – includes removing signs after event o 2012 cost to deliver/pick-up 1-5 sets of barricades = $35 o 2012 cost to deliver/pick-up more than 5 sets and parade routes will be quoted Consider developing a cost for the use of the fields in Stewart Park (Cass Park already charges for the use of fields) J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 Final recommendations will be due for City Administration Committee consideration by December, 2012. J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 2012 SPECIAL EVENT POLICY EXECUTIVE SUMMARY In 2011, Mayor Peterson directed the Special Events Team to create a “Fiscal Emergency Special Event Policy” in response to concerns from staff regarding potential departmental budget reductions and their ability to continue to dedicate resources to community events. Upon confirmation with Mayor Myrick that this work should continue, discussions were conducted between the Special Event Team and Vicki Taylor Brous, Downtown Ithaca Alliance Event Organizer. The Team discussed their departmental budget and staffing concerns and Ms. Brous represented the concerns of event organizers and the impact budgetary changes could have on community events. It is clear that the concerns of the City and event organizers are serious and could have considerable impact on the community. The Special Events Team was not able to identify a singular solution, so a series of recommendations has been made for Common Council consideration. HISTORY The Special Events Team was created in 2005 in response to a growing number of requests for community events that required coordination of information and city resources. Legislation was adopted that defined a special event as an event that requires 3 or more permits from the City. The Team provides an opportunity for an event organizer to have access to decision makers from IPD, IFD, DPW, IYB, City Clerk’s Office, Mayor’s Office, and Planning Department (which also represents the Parks Commission) all at one time. In return, the City has the benefit of looking at each event comprehensively and listening to the ideas, concerns, and suggestions of all parties. In 2008 a $3.00 per vehicle/per day special event parking charge was implemented for large- scale downtown events, to off-set the costs of staff resources the city contributes to these events. In 2011 this fee was increased to $5.00 per vehicle/per day. In 2011 a $100 special event application fee was implemented to further off-set the costs of the planning and coordination of events. Two new rules were implemented: (1) the City will be only one special event that requires city resources per calendar day; (2) any private security company used must provide proof that all guards are certified and the company is licensed, bonded, and insured. All revenues collected are deposited into the General Fund; however the costs of special events are coming from shrinking departmental budgets. Staff is asking Common Council for policy guidance on how to proceed in 2012 and 2013. *NOTE: In 2011, the Special Events Team provided planning & coordination services for 30 permit applications. Only 20 turned into actual events. J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 RELATED INFORMATION: The Downtown Ithaca Alliance has a unique relationship with the City of Ithaca. The City pays $61,000 annually to the Ithaca Downtown Alliance. Those fees cover the City’s contribution to the Business Improvement District (BID), a portion of the salary of the Executive Director of the DIA, and special event planning services. Prior to the inception of the BID, the City had a staff position that was responsible for all activities on the Commons/Downtown including special events (Common Cultural Coordinator). Currently, the City has a Memorandum of Understanding with the DIA that details services that each organization will provide to support downtown. The City of Ithaca has a long history of supporting the Ithaca Festival financially. The City used to enter into financial contracts with the Ithaca Festival but when economic difficulties struck the City in the 1990’s an agreement was made that the City could no longer contribute money but would provide “in-kind services”. FINANCIAL DATA: NOTE: This data is not complete. There are DPW and Youth Bureau costs and pavilion rental revenues that have not been included in these figures. In addition, there are a lot more events that costs have not been tracked for. 2010 EVENT IPD Costs DPW Costs Parking Revenue Application Fee Totals Chili Cook- off $1,699 $1,590 $3087 -$202 Ithaca Fest $7148 $7445 $3087 -$11,506 Dragon Boat Fest $454 -$454 Apple Harvest Fest $6,916 $3,834 $6725 -$4,025 Misc Events Holidays on the Commons $4,539 -$4,539 Totals: $20,756 $12,869 $12,899 $-20,726 J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 2011 EVENT IPD Costs DPW Costs Parking Revenue Application Fee Totals Chili Cook-off $1,572 0-postponed -$1,572 Ithaca Fest $10,226 $8,481 $4,959 $100 -$13,648 Dragon Boat Fest $623 $100 -$523 Apple Harvest Fest $3,652 $4,960 $10,695 +$2,083 Misc Events $961 $1,600 +$639 Holidays on the Commons Totals: $17,034 $13,441 $15,654 $1,800 $-13,021 SPECIAL EVENT TEAM RECOMMENDATIONS: The Special Events Team could not identify a singular approach to reduce our costs and/or begin the transition of City costs over to event organizers, so the following represents a series of recommendations for 2012 and 2013: 2012 Implement a rule that prohibits the scheduling of special events on days that are deemed holidays for City employees as these have significant financial implications associated with them. Implement a rule that the City will only consider applications for walking, running, biking events on City-approved courses that require little to no law enforcement presence for traffic control. Currently, there are 2 approved courses that utilize Cass Park/Cayuga Waterfront Trail and Stewart Park/Cayuga Waterfront Trail Implement a rule that the City will not consider applications for any new street parades. The Ithaca Festival and Veteran’s Day parades will be considered on City-approved parade routes only. Consider charging special event parking rates at Cass Park and Stewart Park during established special events such as the Dragon Boat Festival and the Scottish Games. Traffic cones are available for pick-up and return only – no deliveries J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 2013 Create a budget account specific to special events. Fund it with the revenues collected from Special Event parking and event related pavilion fees. Staff time and equipment costs will be charged to this account. Consider charging event organizers for city costs that are not routine daily duties:  2012 cost for a police officer is $72.50 per hour  2012 DPW costs for labor and equipment is $70 per hour o cost to post a street block “No Parking” = $44 – includes removing signs after event o 2012 cost to deliver/pick-up 1-5 sets of barricades = $35 o 2012 cost to deliver/pick-up more than 5 sets and parade routes will be quoted Consider developing a cost for the use of the fields in Stewart Park (Cass Park already charges for the use of fields) J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 14. Human Resources .1 Approval of 2012 Authorized Roster Adjustments WHEREAS, as part of the approved 2012 Budget and as a result of the current difficult financial situation, several positions were adjusted to continue a staff reduction plan for the City; now, therefore, be it RESOLVED, That Common Council hereby authorizes the following 2012 Roster amendments already incorporated into the approved 2012 Budget: Human Resources: Employee Health and Safety Coordinator position hour reduction from 40 hours to 20 hours per week, effective February 13, 2012 G.I.A.C.: Custodial Worker position hour reduction from 40 hours to 25 hours per week, effective January 1, 2012 Youth Bureau: Youth Program Assistant in the YES Program position reduced from 35 hours to 17.5 hours per week, effective January 1, 2012 and, be it further RESOLVED, That Common Council also approves the several other positions that were unfunded as part of the 2012 Budget. J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 15. Finance/Controller’s Office .1 Adoption of Policy Statement on Environmentally Preferable Purchasing WHEREAS, the City of Ithaca recognizes its responsibility to protect human health and the environment while supporting a diverse, equitable, and vibrant community and economy, and WHEREAS, the City recognizes that the products and services it purchases create social, human health, environmental, and economic impacts, and that the procurement decisions should reflect the City’s ongoing commitment to sustainability, and WHEREAS, the U.S. Environmental Protection Agency has determined that 37% of greenhouse gas emissions can be attributed to the provision and use of products and packaging, and that reducing consumption and the emissions associated with products we procure will significantly reduce climate change impacts, and WHEREAS, the City makes significant purchases of goods and services annually and can use this buying power to influence markets to create sustainable products and services and support green jobs, and WHEREAS, including consideration of the entire lifecycle of a product or service in determining its environmental impacts and total cost creates a more robust decision-making process and encourages more efficient services and better product design and manufacturing, and WHEREAS, environmentally preferable purchasing promotes practices that improve human and environmental health; protect and conserve natural resources, water and energy; and minimize the City’s contribution to climate change, pollution, and solid waste, and WHEREAS, the State of New York gives local governments the authority to enact local laws, ordinances, regulations and policies not inconsistent with the provisions of the State constitution or any general law, pursuant to which authority the City of Ithaca may reasonably define what constitutes a responsible bidder, and may investigate a bidder’s skill, judgment, and integrity in considering whether that bidder is in fact a responsible bidder; and WHEREAS, the adoption of environmentally preferable purchasing will further advance the City’s environmental goals and commitments, including its Local Action Plan and Climate Smart Community Pledge, and WHEREAS, for all the reasons stated above, the City is desirous of amending the existing Purchasing Policy to incorporate Environmentally Preferable Purchasing (EPP) guidelines; now, therefore be it RESOLVED, That the Common Council hereby adopts the following Policy Statement on Environmentally Preferable Purchasing, and declares its intention to modify existing City policies and ordinances and to take other steps, as needed, to reflect and support the adoption of this position: Effective ________, 2012, it is the policy of the City of Ithaca to require purchase of products and services that minimize environmental and health impacts, toxics, pollution, and hazards to worker and community safety and to the larger global community to the J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 greatest extent practicable. It is not the intent of this policy to require a department, buyer or contractor to take any action that conflicts with local, state or federal requirements or 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. The Environmentally Preferable Purchasing is an important component of the City of Ithaca’s purchasing policy and shall guide City efforts to meet the following goals: • minimizing health risks to City staff and residents, • minimizing the City’s contribution to global climate change, • improving air quality, • protecting the quality of ground and surface waters, and • minimizing the City’s consumption of resources. Further, Environmentally Preferable Purchasing is adopted and encouraged by the City in order to: • purchase products that include recycled content in order to support strong recycling markets, • institute practices that reduce waste by increasing product efficiency and effectiveness, use products that are durable and long-lasting, and reduce materials that are landfilled, • purchase products and institute practices that conserve energy and water, use agricultural fibers and residues, reduce greenhouse gas emissions, use unbleached or chlorine free manufacturing processes, and use recycled wood and wood from sustainably harvested forests, • purchase energy from renewable or green sources in preference to fossil fuels, • increase the use and availability of environmentally preferable products, services and distribution systems, • support emerging and established manufacturers and vendors that reduce environmental and human health impacts in their services and production and distribution systems, and • create a model for successfully purchasing environmentally preferable products and services that encourages other buyers and consumers in our community to adopt similar goals. J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 15. Finance/Controller’s Office .2 Amendment of the City of Ithaca Purchasing Policy WHEREAS, the Common Council of the City of Ithaca, has, on this date, adopted by resolution a City of Ithaca Policy Statement on Environmentally Preferable Purchasing; and WHEREAS, in said resolution, the Council declared its intention to modify existing City policies and ordinances as needed, in order to implement its Environmentally Preferable Purchasing position; now therefore be it RESOLVED, That the City of Ithaca Purchasing Policy be amended as follows, effective _________, 2012: (1) Paragraph 3[4], subsection (A) of the City of Ithaca Purchasing Policy is hereby amended as follows: A. Purchases will be secured by use of written requests for proposals, written quotations, verbal quotations, or any other method that assures that the maximum quality of goods and services will be purchased at the lowest possible cost price, and that favoritism will be avoided. (2) Paragraph 7[8] of the City of Ithaca Purchasing Policy is hereby amended as follows: Opportunity shall be provided to all responsible suppliers to do business with the City. To this end, the City Controller’s Office or designee shall develop and maintain lists of potential suppliers (bidders list) for various types of materials, supplies, equipment, and services. Lists shall indicate suppliers who provide products in compliance with the City’s Environmentally Preferable Purchasing guidelines, as referred to in Sections 17.1- 17.2 of this policy. Such lists shall be used to develop mailing lists of potential suppliers and for distribution of specifications, drawings, and invitations to bid. Any supplier may be included [i]on the list upon request. (3) Insertion of the Environmentally Preferable Policy into the Purchasing Policy as Paragraphs 17.1-17.2, as follows: 17.1 Specifications for Environmentally Preferable Purchasing 1. Any purchasing contract shall comply with all applicable federal, state, and local laws and regulations, including the City of Ithaca Purchasing Policy and Chapter 39 of the Municipal Code of the City of Ithaca. 2. To the extent allowed under General Municipal Law, Section 103, the City of Ithaca and its departments, to the maximum extent that is feasible, shall purchase or contract for goods and services which are in compliance with the City of Ithaca Environmentally Preferable Purchasing policy unless a) no environmentally preferable purchasing option is available and that the acquisition of the product or services sought is essential or time-sensitive; or J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 b) the environmentally preferable purchasing option(s) would pose a risk of adverse health related reaction to any persons who would come into contact with such product. 3. For purposes of this policy, “environmentally preferable purchasing” shall refer to the following considerations: a) Source Reduction The City of Ithaca shall 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. City departments shall purchase remanufactured products (i.e. for equipment and vehicles) whenever practicable, but without reducing safety, quality or effectiveness. Products that are durable, long lasting, reusable, refillable, recyclable or otherwise create less waste shall be selected whenever practicable. Vendors shall be required to minimize packaging to the greatest extent practicable. Packaging that is reusable, recyclable or compostable shall be selected when suitable uses and programs exist. The City shall not purchase any polystyrene foam food packaging. Vendors shall be required whenever possible to take back and reuse pallets and packaging materials. Suppliers of electronic equipment shall be required to take back equipment for reuse or environmentally safe recycling when the City discards or replaces such equipment, unless the City deems it worthwhile to send the equipment to a non-profit organization for reuse. Documents shall be printed and copied on both sides to reduce the use and purchase of paper, unless needed to be single sided as per legal requirements. The Information Technology staff shall provide guidance to City departments and staff for setting the duplex printing option as the default setting on each workstation, when feasible, or train employees to use this option, for all capable printers. b) Toxics Reduction and Pollution Prevention City departments shall purchase energy-efficient products and consider "less toxic alternatives" when purchasing products such as cleaning products, pesticides and herbicides. To the maximum extent practicable, all cleaning or disinfecting products (i.e. for janitorial or automotive use) shall (i) meet Green Seal Standards for environmental preferability and performance, (ii) be products delineated on the New York State Office of General Services (NYS OGS) Green Cleaning Product List, or (iii) meet NYS OGS guidelines and specifications for green cleaning products. When contracting with new supply vendors, the City shall encourage training of its custodial staff. J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 Purchasing products containing persistent bioaccumulative toxic chemicals (PBTs) shall be avoided, where alternatives exist. When maintaining buildings and landscapes, the City shall manage pest problems through prevention and physical, mechanical and biological controls and use least toxic chemical pesticide products only after safer approaches or products have been determined to be ineffective or where safety and/or health concerns require immediate pest control measures. To the maximum extent practicable, when maintaining buildings, the City shall 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, flooring, adhesives, furniture and casework. The City shall purchase products and equipment with no lead, cadmium or mercury whenever practicable. For products that must contain lead or mercury because no suitable alternative exists, preference shall be given to those products with the lowest quantities of these metals and to vendors with established lead, cadmium and mercury recovery programs. The purchase of pentachlorophenol, arsenic and creosote treated wood shall be avoided whenever practicable. When replacing vehicles, the City shall lease or purchase only the most fuel- efficient models available that are suitable for each task and through carsharing and carpooling, shall minimize the number of vehicles purchased, as referred to in the “Green Policy for the City of Ithaca Fleet.” To the extent practicable, the City shall use and purchase renewably-derived fuels or fuels that are cleaner and less- polluting than gasoline and conventional diesel fuel, including biodiesel, natural gas and electricity. c) Recycled Content Products It is the policy of the City to purchase and use recycled products to the extent that such use does not negatively impact health, safety, or operational efficiency. A 10% price preference may be given to recycled content products based on the lowest bid or price quoted by the suppliers offering the competing non-recycled content products. All products purchased for which the United States Environmental Protection Agency (U.S. EPA) has established minimum recycled content standard guidelines shall contain the highest postconsumer content practicable, but no less than the minimum recycled content standard. These guidelines can be obtained at the U.S. EPA Website at the following address: http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm Copiers and printers purchased shall be compatible with the use of recycled content and remanufactured products. J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 City departments will favorably consider the selection of other recycled content and renewable materials, products and supplies over their non-recycled content and non-renewable alternatives whenever availability, fitness, operational efficiency, quality, safety, and price are equally acceptable. The list of materials, products and supplies shall include, but not be limited to, business office products, compost, fuels, mulch, asphalt, transportation products (e.g. signs, cones, delineators, and barricades), and other items. All suppliers of recycled content papers shall provide a statement that the paper has recycled content, and whenever feasible, the statement should indicate the percentage of postconsumer recycled content. d) Energy and Water Savings All products purchased by the City and for which the U. S. EPA Energy Star certification is available shall meet Energy Star certification. When Energy Star labels are not available, products shall meet or exceed the Federal Energy Management Program (FEMP) recommended levels, available at: http://www1.eere.energy.gov/femp/procurement/eep_modellang.html New and replacement equipment for lighting, heating, ventilation, refrigeration and air conditioning systems, water consuming fixtures and processing equipment, and all other related components shall meet or exceed FEMP recommended levels whenever practicable. When energy is purchased, renewable or green sources are preferred. These include wind power, solar thermal, photovoltaics, geothermal, sustainably managed biomass, methane waste and hydroelectric energy sources, and do not include fossil fuels (coal, oil or natural gas). On an annual basis, the City will review its energy requirements and to the extent practicable will consider purchasing from renewable sources at the greatest percentage possible. Energy Star and power-saving features for copiers, computers, monitors, printers and other office equipment shall be enabled during the initial installation and shall remain enabled unless these features conflict with the manufacturer’s recommended operation and maintenance of the equipment, or its specific operational use. e) Landscaping All landscape renovations, construction and maintenance by the City, including workers and contractors providing landscaping services for the City, shall employ sustainable landscape management techniques for design, construction and maintenance whenever possible, including, but not limited to, integrated pest management, grasscycling, drip irrigation, composting, and procurement and use of mulch and compost that give preference to those produced from regionally generated plant debris and/or food waste programs. Plants should be selected to minimize waste by choosing species for purchase that are appropriate to the microclimate, species that can grow to their natural size in J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 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. Hardscapes and landscape structures constructed of recycled content materials are encouraged. The City shall limit the amount of impervious surfaces in the landscape, wherever practicable. Permeable substitutes, such as permeable asphalt or pavers, are encouraged for walkways, patios and driveways. When available, the City shall purchase landscaping equipment that is not dependent on the use of fossil fuels. f) Forest Conservation To the greatest extent practicable, the City shall not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. When practicable, the City shall give preference to wood and wood products that are certified to be sustainably harvested by a comprehensive, performance-based certification system. The certification system shall include independent third-party audits, with standards equivalent to, or stricter than, those of the Forest Stewardship Council certification. 17.2 Implementation of the Environmentally Preferable Purchasing Policy (EPP) Department heads shall implement EPP practices, in accordance with this section of the policy, in coordination with the Controller’s Office and other appropriate City personnel. Whenever possible, the City will use recognized eco-labels, standards, and certification programs to make purchasing decisions. Wherever feasible and appropriate, life cycle cost analysis shall be used by City departments and staff to assist in selecting products and services. "Cost" shall be calculated over the life of the item and should consider initial acquisition costs, useful life, costs of maintenance and operation over the useful life, and costs of disposal and/or replacement at the end of the useful life, rather than initial acquisition costs alone. Although not the lowest proposal or price quoted by suppliers, City departments and staff may nonetheless purchase a product that adheres to the EPP specifications stated in this Section, as long as there is prudent and economical use of public moneys in the best interests of City taxpayers. Such determination of "best interests" may include full consideration and comparison of product life cycle costs (including product maintenance, operation and disposal costs), as described above. A further consideration may include direct and identifiable benefits to taxpayers, other than product cost (for example, the cost of permeable pavers might exceed the cost of asphalt paving, yet the use of permeable pavers could mitigate storm water run-off and reduce the potential for flooding and infrastructure damage in low-lying areas). Justification for a determination of "best interests" shall be documented by City departments and staff. Successful vendors or bidders shall certify in writing that the environmental attributes claimed in bids or price quotes are accurate. J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 Vendor contracts shall be negotiated in light of the requirements of this policy. If a vendor that is under contract to the City of Ithaca is no longer able to provide a product that meets the City’s environmentally preferable specifications, it shall notify the appropriate city representative and provide written justification for why compliance is not practical. Prior written consent from an authorized City representative shall be required before substituting any alternative product or service. Training of buyers and other relevant city staff, vendors, contractors and grantees shall include instruction on the environmentally preferable purchasing requirements of the Policy. The DPW Stock Room has made significant efforts to implement an environmentally preferable or green purchasing program for most cleaning and janitorial products supply. All City departments shall order and purchase such products through the Stock Room, unless these pose a risk of adverse health related reaction to any person who comes into contact with the product(s). The Stock Room is responsible for addressing and taking into consideration any staff complaints related to the use of these products. (4) Paragraph 5(B)(6) (entitled “Current Purchasing Procedures”) of the City of Ithaca Purchasing Policy is hereby amended as follows: 6. Buying goods that save and /or enhance our environment as referred to in the Environmentally Preferable Purchasing Policy in Section 17.1. J:\DRedsicker\AGENDAS\City Admin Comm\2012\1-25 CA Agenda.doc 1/25/12 15. Controller’s Office .3 Ordinance amending Chapter 39 (“Contracts”) of the Municipal Code of the City of Ithaca WHEREAS, by resolution approved on ___________, 2012, the Common Council of the City of Ithaca adopted a City Policy Statement on Environmentally Preferable Purchasing; and WHEREAS, in that resolution, the Council declared its intention to modify existing City policies and ordinances as needed, in order to implement its Environmentally Preferable Purchasing position; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: ORDINANCE NO. ________ Section 1. Chapter 39 (“Contracts”) of the Municipal Code of the City of Ithaca is hereby amended as follows: (1) Addition of the following as Subsection 39-2(A)(13): (13) Failure to offer for purchase, provide, or otherwise use products and 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, or that are not in compliance with the City of Ithaca Environmentally Preferable Purchasing Policy guidelines. (2) Renumbering of the former subsections 39-2(A)(13) as 39-2(A)(14), so as to maintain the proper numerical sequence. Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take effect on ____________, 2012, and in accordance with law, upon publication of notice as provided in the Ithaca City Charter.