§ 802. CONTRACTS FOR SERVICES.

(a) Prohibited Transactions.

(1) The City and County shall not enter into or renew any contract with any person or entity for the provision of services, the performance of which calls for the use of any tropical hardwood, tropical hardwood wood product, virgin redwood or virgin redwood wood product.

(2) In the case of any bid proposal or solicitation, request for bid or proposal or contract for the construction of any public work, building maintenance or improvement for or on behalf of the City and County, the City shall not require or permit the use of any tropical hardwood, tropical hardwood wood product, virgin redwood or virgin redwood wood product.

(3) Every bid proposal, solicitation, request for bid or proposal and contract for the construction of any public work, building maintenance or improvement shall contain a statement that any bid, proposal or other response to a solicitation for bid or proposal which proposes or calls for the use of any tropical hardwood, tropical hardwood wood product, virgin redwood or virgin redwood wood product in performance of the contract shall be deemed nonresponsive.

(b) Nonapplicability; Findings; Alternates.

(1) With respect to tropical hardwood and tropical hardwood wood products, Section 802 shall not apply to bid packages advertised and made available to the public or any competitive and sealed bids received by the City entered into prior to December 6, 1990. With respect to virgin redwood and virgin redwood wood products, Section 802 shall not apply to bid packages advertised and made available to the public or any competitive and sealed bids received by the City entered into prior to September 1, 1997.

(2) With respect to tropical hardwood and tropical hardwood wood products, Section 802 shall not apply to any amendment, modification or renewal of a contract, which contract was entered into prior to December 6, 1990, where such application would delay timely completion of a project or involve an increase in the total monies to be paid by the City and County under that contract. With respect to virgin redwood and virgin redwood wood products, Section 802 shall not apply to any amendment, modification or renewal of a contract, which contract was entered into prior to September 1, 1997, where such application would delay timely completion of a project or involve an increase in the total monies to be paid by the City and County under that contract.

(3) The provisions of Section 802 shall not apply where the contracting officer finds that:

(A) No person or entity doing business in the City and County is capable of performing the contract using acceptable non-tropical hardwood equivalents or non-virgin redwood equivalents, as the case may be, in each case as defined under Section 801; or

(B) The inclusion or application of such provisions will violate or be inconsistent with the terms or conditions of a grant, subvention or contract with an agency of the State of California or the United States or the instructions of an authorized representative of any such agency with respect to any such grant, subvention or contract;

(C) The use of tropical hardwoods, tropical hardwood wood products, virgin redwood or virgin redwood wood products, as the case may be, is deemed necessary for purposes of historical restoration and there exists no available acceptable non-tropical wood equivalent or non-virgin redwood equivalent, as the case may be.

(Added by Ord. 171-03, File No. 030422, App. 7/3/2003)

(Derivation Former Administrative Code Section 12I.3; added by Ord. 391-90, App. 12/6/90; amended by Ord. 409-97, App. 10/31/97; Ord. 38-01, File No. 010010, App. 3/16/2001)