City of Albany, NY
Albany County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 7-18-1983 by L.L. No. 2-1983 as Ch. I, Art. II, Div. 19, of the 1983 Code; amended in its entirety 9-24-1998 by L.L. No. 3-1998]
[Amended 2-23-2017 by L.L. No. 1-2017]
There is hereby created and established in and for the City of Albany a Purchasing Division within the Department of Administrative Services (Part 6 of this chapter) which shall consist of a Director of Purchasing and such assistants as may be authorized by the Board of Estimate and Apportionment.
[Amended 2-23-2017 by L.L. No. 1-2017]
The Director and the assistants or employees of the Division shall be appointed by and removable at the pleasure of the Commissioner of the Department of Administrative Services.
[Amended 2-23-2017 by L.L. No. 1-2017]
Under the direction of the Commissioner, the Director shall purchase and be responsible for the proper receipt of all materials and supplies purchased without the requirements of competitive bidding for all departments, boards, bureaus and offices of the City of Albany.
The Board of Contract and Supply shall make rules and regulations, not inconsistent with General Laws, the Charter of the City of Albany or the Code of the City of Albany, which shall prescribe procedure, conditions, methods and practices that shall prevail in regard to all purchases of materials and supplies by the Purchasing Division, and all departments, boards, bureaus and offices of the City for which supplies are purchased shall obey and comply with such rules and regulations.
The Purchasing Division may sell, under the direction of the Board of Contract and Supply, all property, real and personal, of the City not needed for public use and authorized to be sold.
[Amended 2-23-2017 by L.L. No. 1-2017]
The Director shall, within 10 days after appointment, execute a bond to the City of Albany, to be approved by the Mayor, in the sum of $5,000 for the faithful performance of the duties of his or her office and for a due accounting of all property that may come under his or her care, custody and control.
A. 
Legislative findings; purpose.
(1) 
The Common Council of the City of Albany hereby finds and declares that recycling is an integral part of the solid waste management programs of the City of Albany.
(2) 
The Common Council of the City of Albany further finds and declares that the reuse of materials diverted from the waste stream for recycling is an essential element of the process of recycling.
(3) 
The purpose of this section is to ensure that the City of Albany fully participates in the recycling of paper products by purchasing for its use paper products containing recycled material.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated below:
POSTCONSUMER WASTE
Paper, paperboard and fibrous wastes from retail stores, office buildings, homes and so forth which have passed through their end usage as consumer items, including used corrugated boxes, old newspapers, old magazines, mixed waste paper and other similar paper products that are diverted from municipal solid waste for the purpose of recycling.
(1) 
Dry paper and paperboard waste generated after completion of the papermaking process (that is, those manufacturing operations up to and including the cutting and trimming of the paper machine reel into smaller roles or rough sheets), including envelope cuttings, bindery trimmings and other paper and paperboard waste resulting from printing, cutting, forming and other converting operations; bag, box and carton manufacturing waste; and butt rolls, mill wrappers and rejected unusued stock; and
(2) 
Finished paper and paperboard from obsolete inventories of paper and paperboard manufacturers, merchants, wholesalers, dealers, printers, converters or others.
PURCHASE
To obtain directly in exchange for consideration or indirectly such as through the provision of materials in connection with a contract performed by an independent contractor.
RECYCLED PAPER
Paper products made up in part of postconsumer waste, preconsumer waste, or both.
C. 
Elimination of recovered materials exclusion. Within 60 days of the effective date of this article, the Board of Contract and Supply shall revise its rules and regulations to eliminate therefrom any requirement or specification therein that discriminates against or inhibits the use or purchase of recycled paper.
D. 
Purchase of products for City use.
(1) 
All paper products purchased by the City for customary office uses, including, but not limited to, letterheads, envelopes, computer paper, business cards, brochures, forms, note pads, file folders, notices and photocopying, shall be manufactured from recycled paper.
(2) 
Recycled paper products containing the highest percentage of postconsumer waste shall be purchased to the greatest extent practicable, but in no event may the percentage of postconsumer waste be less than 20%. This minimum postconsumer waste standard shall be increased to 30% beginning on December 31, 1998.
(3) 
The Director of Purchasing may authorize the purchase of paper which does not meet the definition of recycled paper provided by this section or does not contain the minimum amount of postconsumer waste required by this section upon a determination that:
(a) 
No recycled paper product is available for a particular application;
(b) 
Available recycled paper products are inappropriate for the particular application contemplated; or
(c) 
Recycled paper products only can be obtained at a cost which exceeds, by more than 15%, the cost of equivalent products that are not made with recycled paper.
E. 
Content verification. The Director of Purchasing may, in determining the preconsumer waste and postconsumer waste content of recycled paper, rely upon the written representations of responsible manufacturers as to the recycled paper content of a product. Such written representations may be obtained from manufacturers in response to a specific request or from packaging, promotion materials or similar sources.
F. 
Promotion. To the greatest extent practicable, printed items produced by and for the City of Albany should indicate that they contain recycled materials by displaying the City of Albany Recycled Materials Logo. The Common Council of the City of Albany is hereby authorized to adopt a City of Albany Recycled Materials Logo and to change said logo from time to time.[1]
[1]
Editor’s Note: Former Subsection G, Reporting, which immediately followed this subsection, was repealed 3-4-2013 by Ord. No. 3.21.13.