[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.
POSTCONSUMER WASTE
PRECONSUMER WASTE
(1)
(2)
PURCHASE
RECYCLED PAPER
Definitions. As used in this section, the following
terms shall have the meanings indicated below:
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.
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
Finished paper and paperboard from obsolete
inventories of paper and paperboard manufacturers, merchants, wholesalers,
dealers, printers, converters or others.
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.
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.
