San Francisco County Municipal Code Ch. 8 Tropical Hardwood

Sec. 800. Findings. Sec. 801. Definitions. Sec. 802. Contracts for Services. Sec. 803. Purchase or Other Acquisition of Commodities. Sec. 804. Contract Conditions. Sec. 805. Rules and Regulations. Sec. 806. Public Records. Sec. 807. Penalty. Sec. 809. Severability.

SEC. 800. FINDINGS. The Board of Supervisors hereby finds and declares that: (1) The world's equatorial tropical rainforests are the Earth's oldest and richest terrestrial ecological systems. The tropical rainforests are home to half of all the Earth's plant and animal species as well as thousands of indigenous tribal peoples. (2) The tropical rainforests are being destroyed worldwide, through commercial logging, burning and overcutting, at a rate of 50,000 acres per day, and this rate is accelerating. (3) Over 1/4 of all rainforest destruction results from logging of the rainforests to support the international trade in tropical hardwoods. (4) The United States is the third largest importer of tropical hardwoods. (5) Deforestation of the tropical rainforests has been scientifically linked to atmospheric imbalance and global warming, known as the Greenhouse Effect, caused by increased concentrations of CO2 in the global atmosphere. The effects of global warming include drought, floods, melting of the polar ice caps and changes in weather patterns worldwide. (6) Destruction of the rainforest at the current rate results in the endangerment and extinction of 30 species of plant and animal life each day and a consequent loss of genetic diversity invaluable to the production of medicines and food products. (7) Tropical rainforest deforestation causes the displacement of indigenous tribal peoples, many of whom have never before been contacted by the modern world. Displacement results in the death of these people and destruction of their culture, and loss of their intimate knowledge of commercial, medicinal and nutritional uses of rainforest species, which is often superior to that of any western- trained scientist. (8) It is critical to the survival of the planet that the United States and other industrialized nations take immediate measures to curb consumption of tropical hardwoods in order to halt the deforestation of the rainforests and to avert irreversible global environmental destruction. (9) Virgin redwood forests are an ancient and irreplaceable part of our State and national heritage that should be preserved for future generations. (10) Virgin redwood forests provide the only surviving habitat for rare species such as the marbled murrelet and the northern

spotted owl. In addition, these forests protect the streams that provide the increasingly rare habitat of dwindling numbers of salmon and steelhead. (11) Only four percent of the virgin redwood forests originally found in the United States remain in existence, and these forests are under threat of destruction through commercial logging. (12) Prohibiting the City and County's use of tropical hardwoods, tropical hardwood wood products, virgin redwood and virgin redwood wood products will contribute to a necessary reduction in the demand for these products. Such a prohibition would not create shortages of building supplies for the City, inasmuch as many acceptable non-tropical hardwood equivalents and non-virgin redwood equivalents are available. (13) Many non-tropical hardwood equivalents are grown domestically in the United States. A prohibition on the City's use of tropical woods would therefore stimulate domestic business and create jobs for American timber workers. (14) Under this Article the City and County of San Francisco wishes to exercise its power to make economic decisions involving its own funds as a participant in the marketplace and to conduct its own business as a municipal corporation to ensure that purchases and expenditures of public monies are made in a manner consistent with sound environmental policies and practices. The City enacts this Article to prohibit the use, requisition or purchase, directly or indirectly, by any City or County department or agency, of any tropical hardwoods or tropical hardwood wood products as well as virgin redwood or virgin redwood wood products. (15) This Chapter applies the Precautionary Principle to the selection of lumber and wood products used in City operations in order to protect tropical and old-growth forest ecosystems. (Added by Ord. 171-03, File No. 030422, App. 7/3/2003) (Derivation Former Administrative Code Section 12I.1; 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) SEC. 801. DEFINITIONS. As used in this Article, the following words and phrases shall have the meanings indicated herein: "City" or "City and County" shall mean the City and County of San Francisco, or any department, board, commission or agency thereof. "City funds" shall mean all monies or other assets received and managed by, or which are otherwise under the control of, the Treasurer, and any notes, bonds, securities, certificates of indebtedness or other fiscal obligations issued by the City and County. "Commodities" shall include, but not be limited to, goods, commodities, materials, supplies and equipment. "Contract" shall mean an agreement for public works or improvements to be performed, or for goods or services to be purchased or grants to be provided, at the expense of the City and County or to be paid out of monies deposited in the treasury or out of trust monies under the control of or collected by the City and County. "Contracting officer" shall mean that officer or employee of the City and County authorized under the Charter, the Administrative Code or the Municipal Code, to enter into a contract on behalf of the City and County. "Contracting officer" shall include the Mayor, each department head or general manager and other employees of the City and County authorized to enter into contracts on behalf of the City and County. "Doing business in the City and County" shall mean entering into or seeking to enter into a contract with the City and County. "Non-tropical hardwood equivalents" shall mean any and all hardwood other than virgin redwood that grows in any geographically temperate regions, as defined by the U.S. Forest Service, and is equivalent to tropical hardwood in density, texture, grain, stability or durability. Non-tropical hardwoods, the use or purchase of which shall be preferred under this Article, shall include, but not be limited to the following species: Scientific Name Common Name Fraxinus americana Ash Tilia americana Basswood Fagus grandifolia Beech Betula papyrifera Birch Juglans cinera Butternut Prunus serotina Cherry Populus spp. Cottonwood Taxodium distichum Cypress Pseudotsuga menziesii Douglas Fir Ulmus spp. Elm Nyssa sylvatica Black Gum

Liquidambar styraciflua Red Gum Celtis laevigata Hackberry Tsuga heterophylla West Hemlock Hicoria spp. Hickory Acer saccharum Sugar Maple Acer spp. Soft Maple Quercus spp. Red Oak Quercus spp. White Oak Hicoria spp. Pecan Pinus ponderosa Ponderosa Pine Pinus spp. Yellow So. Pine Liriodendron tulipifera Yellow Poplar Picea sitchensis Sitka Spruce Platanus occidentalis Sycamore Juglas nigra Black Walnut

"Non-virgin redwood equivalents" shall mean any and all wood or wood product (including, but not limited to, wood from the species scientifically classified as "sequoia sempervirens") that is not a tropical hardwood or a tropical hardwood wood product and is equivalent to virgin redwood in density, texture, grain, stability or durability. "Purchaser" shall mean the Purchaser of the City and County or any authorized representative of that official. "Tropical hardwood" shall mean any and all hardwood, scientifically classified as angiosperme, that grows in any tropical moist forest. Tropical hardwoods, the use or purchase of which shall be governed by this Article, shall include, but not be limited to, the following species: Scientific Name Common Name Vouacapoua americana Acapu Pericopsis elata Afrormosia Shorea almon Almon Peltogyne spp. Amaranth Guibourtia ehie Amazaque Aningeria spp. Aningeria Dipterocarpus grandiflorus Apitong Ochrama lagopus Balsa Virola spp. Banak Anisoptera thurifera Bella Rosa Guibourtia arnoldiana Benge Detarium Senegalese Boire Guibourtia demeusil Bubinga Prioria copaifera Cativo Antiaris africana Chenchen Dalbergia retusa Concobolo Cordia spp. Cordia Diospyros spp. Ebony Aucoumea klaineanal Gaboon Chlorophora excelsa Iroko Acacia koa Koa Pterygota macrocarpa Koto Shorea negrosensis Red Lauan Pentacme contorta White Lauan Shorea polysperma Tanguile Terminalia superba Limba Aniba duckei Louro Khaya ivorensis African Mahogany Swietenia macrophylla American Mahogany Tieghemella heckelii Makore Distemonanthus benthamianus Movingui

Pterocarpus soyauxii African Paduak Pterocarpus angolensis Angola Paduak Aspidosperma spp. Peroba Peltogyne spp. Purpleheart Gonystylus spp. Ramin Dalbergia spp. Rosewood Entandrophragma cylindricum Sapele Shorea philippinensis Sonora Tectona grandis Teak Lovoa trichilioides Tigerwood Milletia laurentii Wenge Microberlinia brazzavillensis Zebrawood

"Tropical rainforests" shall mean any and all forests classified by the scientific term "tropical moist forests," the classification determined by the equatorial region of the forest and average rainfall. "Tropical hardwood wood products" shall refer to any wood products which are composed, in whole or in part, of tropical hardwood. "Virgin redwood wood products" shall refer to any wood products which are composed, in whole or in part, of virgin redwood. "Virgin redwood" shall mean wood from the species scientifically classified as "sequoia sempervirens" including but not limited to wood that is graded "clear heart" or "clear all heart" (or any successor or equivalent terms) under lumber industry grading standards, unless such wood is either: (a) Reclaimed or recycled; or (b) Certified as sustainably harvested redwood by a certification organization that bases its standards on the principles and criteria of the United States Forest Stewardship Council. "Wood products" shall refer to any wood products, wholesale or retail, in any form, including but not limited to veneer, plywood, furniture, cabinets, paneling, mouldings, doorskins, joinery, or sawnwood. As used herein, the following words and phrases shall have the meanings indicated herein: (1) "Doorskin" shall mean a thin sheet of wood which is glued onto the frame of a door to form the face of the door. (2) "Moulding" shall refer to decorative wood used around window and doorframes, ceilings, and corners. (3) "Paneling" shall mean any thin sheet or sheets of attractive wood, intended to be used as wall covering, including any sheet consisting of a veneer glued onto some backing material. (4) "Particle board" shall mean any wood sheet or board created by compressing wood chips and particles from logs, trees or industrial residue. (5) "Plywood" shall mean any wood sheet created by gluing together thinner sheets (veneers) of any species. (6) "Sawnwood" shall mean lumber or any form of wood which is sawn or chipped lengthwise in either a rough or smooth cut. (7) "Veneer" shall mean a very thin slice of wood, between 1/16 inch to 1/125 inch in width, used in plywood, paneling, furniture exterior, and doorskins. (Added by Ord. 171-03, File No. 030422, App. 7/3/2003) (Derivation Former Administrative Code Section 12I.2; added by Ord. 391-90, App. 12/6/90; amended by Ord. 278-96, App. 7/3/96; Ord. 409-97, App. 10/31/97; Ord. 38-01, File No. 010010, App. 3/16/2001) SEC. 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) SEC. 803. PURCHASE OR OTHER ACQUISITION OF COMMODITIES. (a) Prohibited Transactions. (1) The City and County shall not purchase or obtain for any purpose any tropical hardwoods, tropical hardwood wood products, virgin redwood or virgin redwood wood products, wholesale or retail, in any form. (b) Exceptions. This Section 803 shall not apply to: (1) With respect to tropical hardwood and tropical hardwood wood products, any contract entered into prior to December 6, 1990; or (2) With respect to virgin redwood and virgin redwood wood products, any contract entered into prior to September 1, 1997; or (3) The purchase of any tropical hardwood or tropical hardwood product for which there is no acceptable non-tropical hardwood equivalent; or (4) The purchase of any virgin redwood or virgin redwood wood product for which there is no acceptable non-virgin redwood equivalent; or (5) Where the contracting officer finds that no person or entity doing business in the City and County is capable of providing acceptable non-tropical hardwood equivalents or non-virgin redwood equivalents, as the case may be, sufficient to meet the City's contract requirements; or (6) Where 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. (Added by Ord. 171-03, File No. 030422, App. 7/3/2003) (Derivation Former Administrative Code Section 12I.4; 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) SEC. 804. CONTRACT CONDITIONS. (a) All contracts involving wood or wood products entered into by any department of the City and County shall include as a material

condition to that contract the following paragraph in the contract: "Except as expressly permitted by the application of Sections 802(b) and 803(b) of the San Francisco Environment Code, Contractor shall not provide any items to the City in performance of this contract which are tropical hardwoods, tropical hardwood wood products, virgin redwood or virgin redwood wood products." (b) Every contract shall also contain a statement urging companies not to import, purchase, obtain, or use for any purpose, any tropical hardwood, tropical hardwood wood product, virgin redwood or virgin redwood wood product. This Subsection (b) shall not apply to contracts with public entities for the provision of water or power and related services. (Added by Ord. 17103, File No. 030422, App. 7/3/2003) (Derivation Former Administrative Code Section 12I.5; added by Ord. 391-90, App. 12/6/90; amended by Ord. 304-92, App. 9/29/92; Ord. 409-97, App. 10/31/97; Ord. 38-01, File No. 010010, App. 3/16/2001) SEC. 805. RULES AND REGULATIONS. (a) The Purchaser shall promulgate any rules and regulations necessary or appropriate to carry out the purposes and requirements of this ordinance. Each department, board and commission of the City and County shall cooperate with, and provide in writing to, the Purchaser, all information necessary for the Purchaser to promulgate such rules and regulations. (b) All contracts shall incorporate this Article by reference whenever applicable and shall provide that the failure of any bidder or contractor to comply with any of its requirements shall be deemed a material breach of contract. (Added by Ord. 171-03, File No. 030422, App. 7/3/2003) (Derivation Former Administrative Code Section 12I.6; 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) SEC. 806. PUBLIC RECORDS. Any and all documents and reports prepared pursuant to the requirements of this ordinance shall be made available for public inspection upon proper request, except those prepared for purposes of litigation. (Added by Ord. 171-03, File No. 030422, App. 7/3/2003) (Derivation Former Administrative Code Section 12I.7; added by Ord. 391-90, App. 12/6/90; amended by Ord. 38-01, File No. 010010, App. 3/16/2001) SEC. 807. PENALTY. (a) Whenever any department of the City and County discovers, after an investigation by the contracting officer and the City Attorney, that a person or entity being considered for a contract or under contract with the City and County has, in connection with the bidding, execution or performance of any City contract (1) falsely represented to the City and County the nature or character of the wood products offered, used or supplied under the contract, or (2) provided the City with tropical hardwood, tropical hardwood wood products, virgin redwood or virgin redwood wood products in violation of this ordinance, the rules and regulations adopted pursuant to this ordinance, or contract provisions pertaining to the prohibition against the use or purchase of tropical hardwood, tropical hardwood wood products, virgin redwood or virgin redwood wood products, the contracting officer shall have the authority to impose such sanctions or take such other actions as are designed to ensure compliance with the provisions of this ordinance which shall include, but are not limited to: (1) Refusal to certify the award of a contract; (2) Suspension of a contract; (3) Ordering the withholding of funds due the contractor under any contract with the City and County; (4) Ordering the revision of a contract based upon a material breach of contract provisions or pertaining to representations made in bidding, execution or performance of the contract; (5) Disqualification of a bidder or contractor from eligibility for providing commodities or services to the City and County for a period not to exceed five years, with a right to review and reconsideration by the contracting City office or department after two years upon a showing of corrective action indicating violations are not likely to reoccur. (b) All contracts shall provide that in the event any bidder or contractor fails to comply in good faith with any of the provisions of this

Article the bidder or contractor shall be liable for liquidated damages in an amount equal to the bidder's or contractor's net profit under the contract, or five percent of the total amount of the contract dollars whichever is greatest. All contracts shall also contain a provision whereby the bidder or contractor acknowledges and agrees that the liquidated damages assessed shall be payable to the City and County upon demand and may be set off against any monies due to the bidder or contractor from any contract with the City and County of San Francisco. (Added by Ord. 171-03, File No. 030422, App. 7/3/2003) (Derivation Former Administrative Code Section 12I.8; 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) SEC. 808. [REPEALED.] (Added by Ord. 171-03, File No. 030422, App. 7/3/2003; repealed by Ord. 164-23 ,, File No. 230647, App. 7/28/2023, Eff. 8/28/2023) (Derivation Former Administrative Code Section 12I.10; added by Ord. 391-90, App. 12/6/90; amended by Ord. 38-01, File No. 010010, App. 3/16/2001) SEC. 809. SEVERABILITY. If any section, subsection, clause, phrase or portion of this Article is for any reason held invalid or unconstitutional by any court or federal or State agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. (Added by Ord. 171-03, File No. 030422, App. 7/3/2003) (Derivation Former Administrative Code Section 12I.11; added by Ord. 391-90, App. 12/6/90; amended by Ord. 38-01, File No. 010010, App. 3/16/2001)