Loading...
HomeMy WebLinkAbout3304 Related to Compost Procurement Policy; Adding a New Section 3.46.095 to the Port Townsend Municipal CodeOrdinance 3304 Page l of 2 ORDINANCE NO. 3304 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATED TO COMPOST PROCUREMENT POLICY; ADDING A NEW SECTION 3.46.095 TO THE PORT TOWNSEND MUNICIPAL CODE WHEREAS, in March 2022, ESSHB 1799 was signed into Washington law with the primary goal to increase the diversion of organic materials going to landfills to reduce methane emissions landfills are a significant source of methane emissions; and WHEREAS, as more organic materials are diverted and recycled, it is critical the compost manufactured be procured by local jurisdictions and others to support the economic viability of these processes and programs because compost production and use provide significant environmental benefits to our soil and food; and WHEREAS, ESSHB 1799 encourages most cities and counties in Washington adopt a compost procurement ordinance; NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: Section 1. Amendment. Section 3.46.020 of the Port Townsend Municipal Code is amended in substantially the same form as set forth in Exhibit A. Section 2. New Section. Section 3.46.095 is added to the Port Townsend Municipal .... ..............M_. Code in substantially the same form as set forth in Exhibit B. �ct��ar� `� .S y ahil . If any sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase or work of this ordinance. Section 4. Notwithstanding any provisions to the contrary in Chapter 1.01.015 of the Port Townsend Municipal Code, staff and the Code Reviser are authorized to update and incorporate changes adopted in the Port Townsend Municipal Code. Staff and the Code Reviser are further authorized to make non -substantive edits related to numbering, grammar, spelling, and formatting consistent with this Ordinance. Section 5. Effective Date. This ordinance shall take effect and be in force five days followingits publication ..........................e..�.� .. ' p tion m the manner provided by law ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 3rd day of January 2023. Attest: Alyssa Rodrigues City Clerk Ordinance 3304 Page 2 of 2 a David J. FaTK6 ,�._...w�. Mayor Approved as to Form: I cid Green oo( City Attorney Ordinance 3304 Page ! of 2 EXHIBIT A 3.46.020 Definitions. Unless the context requires otherwise, the terms as used in this chapter shall have the following meaning: "Adequate appropriation balance" means sufficient fund balance existing in the appropriation item against which the purchase order is to be charged. "Bid" means an offer, submitted by a bidder to furnish supplies, materials, equipment and other property in conformity with the specifications, delivery terms and conditions, and other requirements included in the invitation for bids or otherwise required by the city. "Bidding" means a procedure used to solicit quotations on price and delivery from various prospective suppliers of supplies, materials, equipment, and other city property. "Capital equipment" means any equipment of the city having an initial value of $1,000 or more and an estimated useful life of three or more years. "City manager" means the Port Townsend city manager or his/her duly appointed designee. The city manager is authorized to delegate any functions and responsibilities set forth in this chapter to administrative staff. "Contractual services" means professional and nonprofessional service contracts including but not limited to engineering, animal control, janitorial and other contracts entered into for the accomplishments of a particular project or limited period of time. "Emergency" means, for the purpose of enabling the city to suspend compliance with public bidding and purchasing policies and requirements, an event or set of circumstances which demands immediate action to preserve public health, protect life, protect public property, or to provide relief to the community overtaken by such occurrences. "Finished Comoast P odUac"means a product created with "composted material" aswdefined„in _..70A,205.015_(,3)...........omp e not limited to..IQ0' o finished RCW m.Famshed Com Compost anclude�but ar .. compostwor blends that include compost as a primary ingredient Mulch is considered a Finished„ ompost Product of it contains a minimum of i mAywpercent compostedwNWnate tial Bark is not a C.. u:..._iislied�f c �o 1.....1' c �i µ 1 "Life cycle cost” means the total cost of an item to the city over its estimated useful life, including cost of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as these costs can reasonably be determined, minus the salvage value at the end of its estimated useful life. "Local bidder" means a firm or individual who regularly maintains a place of business and transacts business in, or maintains an inventory of merchandise for sale in, and is licensed by the city of Port Townsend. "Public property" means any item of real or personal property owned by the city. Ordinance 3304 Page 2 of 2 "Public work" shall have the meaning set forth in RCW 39.04.010, as now adopted and hereafter amended. "Purchase order" means an official document used in authorizing the encumbrance of city funds toward the purchase of supplies, materials, equipment and other property. "Purchasing agent" means the city manager or city employee designated by the city manager to serve as a purchasing agent. For routine departmental purchases of supplies, in accordance with the city manager's administrative policy, each department director may designate one or more departmental purchasing agent(s). "Requisition" means a standard form providing detailed information as to quantity, description, estimated price, possible vendors, fund account, signature and other information necessary to make purchasing decisions. "Responsible bidder" means a bidder who has proven by experience or information furnished to the satisfaction of the city manager that current financial resources, production or service facilities, service reputation and experience are adequate to make satisfactory delivery or supplies of acceptable quality, equipment, or contractual services on which he/she bids. A "responsible bidder" has not violated or attempted to violate any provisions of this chapter. "Responsive bidder" means a bidder who has complied with all requirements contained in the invitation to bid, including the bid packet and specifications, and who has submitted all required documentation, information and bid bond by the deadline for acceptance of bids. EXHIBIT B 3.46.0202 COMPOST PROCUREMENT A. General Policy. The City of Port Townsend shall purchase finished compost products for use in public projects in which compost is an appropriate material in City projects or on City land, provided it is not cost prohibitive to acquire. Cost prohibitive is defined as a product purchasing cost that exceeds 10% of the cost of another product that would serve the same purpose. Procurement costs will include the product cost and all associated transportation and delivery charges. The City of Port Townsend is not required to use compost products if: 1. Compost products are not available within a reasonable period of time. 2. Compost products that are available do not comply with existing purchasing standards; and 3. Available compost products do not comply with federal or state health, quality, or safety standards. B. Local Purchasing. The City of Port Townsend will purchase finished compost products from its own Composting Facility that will produce finished compost derived from a municipal solid waste compost program while meeting quality standards adopted by rule by the Department of Ecology. If locally produced compost is not available, compost shall be sourced from outside the region, with preference given to products sourced as close as possible to the City of Port Townsend. Proof that locally produced compost was not available at the time of purchase or was cost -prohibitive shall be documented. C. Planning. In order to meet the general policy, the City of Port I'ownsend shall plan for compost use in the following categories: 1. Landscaping projects. 2. Construction and postconstruction soil amendments. 3. Applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or improve the stability and longevity of roadways; and 4. Low -impact development of green infrastructure to filter pollutants or to keep water onsite, or both. This plan will be re -assessed each December 31 st of even -numbered years, beginning in 2024 and thereafter as part of the reporting obligations in Section 6. D. Education. The City of Port Townsend shall continue to cooperate with Jefferson County to conduct educational outreach to inform residents about the value of compost and how citizens can help with composting throughout The City and Jefferson County. E. Reporting. By December 31, 2024, and each December 31 st of even -numbered years thereafter, the City of Port Townsend shall report the following information to the Department of Ecology: 1. Total tons of organic material diverted (from landfills) each year. 2. The volume and cost of composted material purchased each year; and For compost use tracking and reporting, only the volume of composted material is reported, based on the percentage of compost material in a finished compost product. For example, a typical bioretention soil blend is 40% compost and 60% sand. If a jurisdiction bought 10 cubic yards of bioretention soil, they would report 4 cubic yards of composted material usage. 3, The source(s) of the finished compost product purchased.