[Adopted 3-6-2007 by L.L. No. 7-2007 (Ch. 143, Art. IV, of the 1985 Code)]
A. 
This Legislature hereby finds and determines that the manufacture of certain commodities and technologies, as well the provision of services, may have an adverse impact on public health and the environment.
B. 
This Legislature also finds and determines that including public health and environmental considerations in County purchasing decisions can help to ensure a higher quality of life for present and future generations.
C. 
This Legislature further finds and determines that the protection of public health and the environment in County purchasing decisions is consistent with the traditional considerations of lowest price, best value, quality, cost and efficiency.
D. 
Therefore, the purpose of this article is to establish a safe and sustainable procurement policy for Suffolk County in order to promote increased public health for Suffolk residents and employees.
As used in this article, the following terms shall have the meanings indicated:
COMPARABLE OFFER
The cost to provide a comparable commodity, service and/or technology that does not meet the criteria established by this article.
PRIORITY TOXIC SUBSTANCES OF CONCERN
Shall include any substance known to be or reasonably anticipated to be a human carcinogen; any substance known to be or reasonably anticipated to be a risk to human reproduction; any substance known to be or reasonably anticipated to be an endocrine disrupter; and/or any substance regulated as a radioactive substance.
PROHIBITIVE COST
A cost of 15% or more than a comparable commodity, service and/or technology that does not meet the criteria established by this article.
TARGET COMMODITIES, SERVICES AND/OR TECHNOLOGIES
Broad categories of commodities, services and/or technologies routinely procured by the County of Suffolk which may have an adverse impact on public health or the environment and for which more safe and/or sustainable commodities, services or technologies should be identified and substituted. For the purposes of this definition, target commodities, services and/or technologies shall be limited to automotive fleet maintenance products and services; paper products; landscaping products and services; and paint and coating products and services.
A. 
Minimum specifications for safety and sustainability.
(1) 
Consistent with determinations of need, all County departments shall procure target commodities, services and technologies that meet or exceed the following minimum specifications:
(a) 
Avoidance of priority toxic substances of concern. No target commodity, service or technology shall contain, use, or cause the release of a priority toxic substance of concern as defined in § 189-31 of this article unless no commodity, service or technology meeting such specification is available in the form, function and utility consistent with a department's needs.
(b) 
Recycled content. All paper products for which the United States Environmental Protection Agency has developed recycled content recommendations pursuant to Section 6002 of the Resource Conservation and Recovery Act shall be required to meet or exceed the minimum recovered material and post-consumer material content percentages recommended in the most recent Recovered Materials Advisory Notice issued for such commodity in the Federal Register; provided, however, that xerographic copy paper shall contain no less than 30% post-consumer recycled content. Such minimum percentages shall be met unless costs or other public health or environmental considerations are determined to be more important.
(2) 
All requests for proposals (RFPs), requests for qualifications (RFQs), and/or requests for expressions of interest (RFEIs) to which this article applies shall contain a request for an offer that meets the minimum specifications developed pursuant to Subsection A of this section as well as a comparable offer as defined in § 189-31 herein.
B. 
Applicability.
(1) 
Nothing in this section shall be construed as prohibiting a County department from procuring a target commodity, service or technology in the form, function and utility required by such department, or as requiring a County department to procure a target commodity, service or technology that does not perform adequately for its intended use or purpose, excludes adequate competition, or is only available at a prohibitive cost or within an unreasonably long period of time.
(2) 
In the event that a department receives no offers that meet the specifications developed pursuant to Subsection A of this section, or only receives offers meeting such specifications at a prohibitive cost, such department may relet the contract without such specifications and award a contract in accordance with other applicable statutes; provided, however, that such department shall document the reasons why such procurement does not meet the minimum specifications for safety and sustainability.
A. 
The County of Suffolk ("County") shall identify target commodities, services and/or technologies routinely purchased by the County of Suffolk.
B. 
Following identification, the County shall create an approved safe and sustainable alternatives list for each target commodity, service and/or technology that is consistent with the safe and sustainable policy established by § 189-32 of this article. Approved alternative lists shall be reviewed and revised biannually, and the public shall be provided opportunity for review and comment.
C. 
When procuring a target commodity, service and/or technology for which an approved safe and sustainable alternatives list has been created, County departments shall procure such target commodity, service and/or technology from such list.
A waiver from the provisions of this article may be granted by the Director of the Division of Purchasing ("Director") when no target commodity, service and/or technology on such approved alternative list meets a County department's performance standards.
A. 
In order to obtain a waiver, the County department requesting the waiver must show that it has:
(1) 
Thoroughly tested each commodity or technology, or thoroughly investigated each service, on the approved alternatives list and none meet the agency's performance standards, including, but not limited to, prohibitive costs or timing needs; and
(2) 
Disclosed the use and intensity for use for the commodity, service or technology and developed a reasonable plan to minimize the use of the selected commodity, service or technology and/or protect employees and the public from exposure.
B. 
An emergency waiver from the provisions of this article may be granted by the Director when the purchase of a target commodity, service or technology is necessary to respond to an emergency which endangers public health or safety; provided, however, that upon the granting of an emergency waiver, such County department shall, within two business days, file a written report with the Director containing the following information:
(1) 
A description of the emergency that prevented compliance with this chapter;
(2) 
The name of the commodity or technology, or a description of the service, its use and intensity of use;
(3) 
A description of the steps being taken to safeguard public health and safety during the emergency; and
(4) 
An explanation of how such an emergency can be avoided in the future.
C. 
Any waiver granted pursuant to this section shall remain in effect until an alternative for such target commodity, service or technology is approved, or until an emergency has ended; but in no event shall a waiver remain in effect for a period longer than two years from the date of issuance by the Director. Said waivers may be renewed by the Director, provided that all relevant criteria are met with respect to each waiver.
The provisions of this article shall not apply to, and no waiver shall be necessary for, commodities, services or technologies utilized for bona fide scientific experiments or for public health testing conducted by the County of Suffolk, or for commodities, services or technologies utilized for law enforcement or crime scene investigation purposes, or for commodities, services or technologies utilized by the County Medical Examiner, or for commodities subject to Chapter 647, Pest Control, of the Suffolk County Code.
The Suffolk County Department of Environment and Energy shall promulgate such rules and regulations as deemed necessary and appropriate for the implementation and enforcement of any provision of this article.
This article shall apply to all operating budget requests by County departments and/or agencies for target commodities, services and/or technologies on or after June 30, 2008, for inclusion in the County Operating Budget of 2009, and all subsequent years.
This article shall be null and void on the day that statewide or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Suffolk. The County Legislature may determine, via mere resolution, whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provision of this section.