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5.33.635 Contract Preferences: Recycled Materials.

City Code Section

(Amended by Ordinance No. 185898, effective February 20, 2013.)

A.  Notwithstanding provisions of law requiring the City to Award a Contract to the lowest Responsible Bidder or best Proposer or provider of a quotation, and subject to Subsection 5.33.635 B., the City shall give preference to the Procurement of goods manufactured from recycled materials.

B.  In comparing goods from two or more Bidders or Proposers, and at least one Bidder or Proposer offers goods manufactured from recycled materials, and at least one Bidder or Proposer does not, the City shall select the Bidder or Proposer offering goods manufactured from recycled materials if each of the following four (4) conditions exists:

1.  The recycled product is available;

2.  The recycled product meets applicable standards;

3.  The recycled product can be substituted for a comparable non-recycled product; and

4.  The recycled product’s costs do not exceed the costs of non-recycled products by more than five (5) percent, or a higher percentage if a Written determination is made by the City and set forth in the Solicitation Document. For purposes of making the foregoing determination, the City shall consider the costs of the goods following any adjustments the City makes to the price of the goods for purposes of evaluation pursuant to Section 5.33.610.

C.  For the purposes of this Section, the City shall determine if goods are manufactured from recycled materials in accordance with standards established by the City.