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ReCreate SLO_RFQ_Proposal_Redacted
ReCREATE Proposal for SLO On-Call Consultants RFQ Letter of Interest May 14, 2024 To the City of San Luis Obispo Solid Waste Program team, On behalf of ReCREATE Waste Collaborative, I am pleased to submit this letter to express our interest in being considered for inclusion as an on-call consultant for the City of San Luis Obispo’s solid waste and recycling programs. We are a 20-person team based in Long Beach, California with co-founders that bring a combined 25+ years of waste industry experience and expertise to our municipal and waste hauler clients. Our team is made up of passionate professionals whose personal values align with our company goals of assisting communities with the transition to more environmentally sustainable waste and recycling practice and creating impactful change statewide. ReCREATE recently provided consulting services to the City of San Luis Obispo and completed a waste generation and characterization study and final report with program recommendations in support of the City’s zero waste goals. The results of this project will be presented at an upcoming City Council meeting. Completing this project has given our firm a unique insight into the City’s existing waste reduction and resource recovery programs and future goals, established a working relationship with City staff, and we believe it positions us to be well suited to continue to support the City with their waste and recycling programs as detailed in the City’s Climate Action Plan. Our company motto is “Where Policy Hits the Pavement”. We not only assist our clients with planning and developing programs; we provide highly experienced boots-on-the-ground staff to assist with the complete implementation of their programs and meet their compliance requirements. Our team meets the minimum qualifications outlined in Section B of the RFQ and we are readily available to commit the personnel and company resources needed to support the City in areas of our expertise. Specifically, our firm is interested in offering our expertise and support in the following areas listed in the RFQ: 1. Planning Activities a. Strategic planning and sustainable and zero waste planning b. Waste characterizations/audits c. Program design and evaluation d. Policy and ordinance development e. Extended producer responsibility 2. Legislative Compliance and Outreach Assistance 1 Exhibit A ReCREATE Proposal for SLO On-Call Consultants RFQ a. Education and outreach, including development and creation of educational materials and content intended for both digital and in person use, through a lens of community-based social marketing b. Generator compliance, including contamination monitoring, route reviews, waste characterizations, and facility waste evaluations c. Stakeholder engagement, including community workshops, public surveys, and focus groups d. Program tracking, reporting, and monitoring, including capacity planning for both organic waste and edible food 5. Any other miscellaneous projects or tasks relating to the solid waste and recycling industry a. Edible food recovery compliance and implementation, Tier and Tier 2 EFG and FRO identification, including inspections and stakeholder engagement, and edible food capacity planning This proposal will demonstrate ReCREATE’s extensive experience and expertise that qualifies our firm to perform in the above task areas. ReCREATE will adhere to the RFQ’s described provisions, and as such, will enter into a service provider agreement with the City in accordance with these provisions. ReCREATE Waste Collaborative is an S Corp LLC registered in California. Our company mailing address is PO Box 41142, Long Beach CA, 90853. Any questions regarding this proposal should be directed to myself, Kirk Kunihiro, Co-Owner and Principal of ReCRETE, and submitter of this letter and proposal documents. I may be reached by email at kirk@recreatecollab.com, or by phone at (714) 723-1647. Thank you for your consideration. Kirk Kunihiro Co-Owner, Principal 2 ReCREATE Proposal for SLO On-Call Consultants RFQ Firm Experience and Key Personnel Firm Background and General Information ReCREATE Waste Collaborative is a waste and recycling consulting firm based in the City of Long Beach, California. ReCREATE was founded in July 2020 when co-founders/owners Kirk Kunihiro and Natalie Lessa teamed up to combine their independent waste consulting businesses. ReCREATE is an S Corp LLC formed in California. Our team of 20 employees and 4 regularly contracted subconsultants are located throughout Los Angeles, Riverside, and San Bernardino Counties, allowing us to offer in-person assistance to a very large area of Southern California while minimizing road miles and travel costs. ReCREATE specializes in State of California legislative program planning and implementation specific to increasing participation in diversion programs, reducing contamination, and changing consumer behaviors and perceptions. Our team also works throughout the US and has been involved in projects outside of California for clients such as the Department of Sanitation of New York City, the Washington State Department of Ecology, and a number of small to medium municipalities for our education and outreach work with The Recycling Partnership. RECREATE SPECIALITY SERVICES ● Edible Food Recovery Program & Capacity Planning ● Identification of Tier 1 and Tier 2 Commercial EFGs ● Inspection Program Planning ● Commercial Technical Assistance ● Behavior Change Marketing ● Organic Waste and Recycling Outreach ● Waste Characterizations ● Route Reviews & Contamination Monitoring ● Exemption Waiver Assessments Key Personnel ReCREATE’s project manager and main point of contact for this engagement will be Kirk Kunihiro, Co-Owner/Founder and Principal Consultant. Kirk previously managed our recent engagement with the City of San Luis Obispo. Also available to support on project management for this engagement are: 3 ReCREATE Proposal for SLO On-Call Consultants RFQ ● Natalie Lessa, Co-Founder and Principal Consultant ● Laney Richardson, Recycling Specialist II (Lead Role) ● Antonella Zamora Galvez, Recycling Specialist II (Lead Role) ● Claire Glidden, Recyclist Specialist II (Lead Role) In addition to these key personnel and other project management and planning support staff, ReCREATE has a large team that is available to assist with boots-on-the-ground implementation of all service areas that we may be engaged in. Full resumes for our key personnel are included as attachments with this letter. A brief introduction to each staff person is included below. Kirk Kunihiro Project Manager, Main Point-of Contact ReCREATE Co-Owner, Director of Waste Characterization and Audit Projects Kirk is a co-owner and principal of ReCREATE. Kirk’s professional specializations include planning and implementation of route reviews, waste characterizations, data management and tracking, and logistics coordination with waste haulers and municipal staff. Over the past decade Kirk has worked with public, private, and non-profit organizations in the waste industry, from state agencies to local municipalities. Specific skills include the development and implementation of large scale waste characterization studies including statewide studies and cart-based sampling, route reviews, coordinating with haulers and municipality staff to plan and schedule route review fieldwork around complex route schedules, developing data collection and management systems, and development of outreach and education materials. Kirk is particularly adept at finding workable solutions for scheduling route reviews in coordination with city and hauler staff. Featured Client Experience: ● City of San Luis Obispo (Waste characterization and program recommendations) ● Burrtec Waste Industries (Route reviews and multi-family outreach) ● City of Torrance (Route reviews) ● City and County of Los Angeles (Cart-based waste characterization, education and outreach, workshops) ● Mojave Desert and Mountains Recycling Authority (Waste characterization, route reviews, education and outreach) ● CalRecycle (Statewide waste characterization studies as a subconsultant) ● Washington State (Statewide waste characterization as a subconsultant) ● New York City (Citywide waste characterization as a subconsultant) 4 ReCREATE Proposal for SLO On-Call Consultants RFQ Kirk oversaw ReCREATE’s previous project with the City of San Luis Obispo, a waste characterization and generation study. The project involved conducting a waste characterization study to provide total generation estimates of City generated waste materials, walkthroughs of City facilities to confirm existing waste reduction practices and identify opportunities for improvement, and a final report that contained the study findings and program recommendations for maximizing waste diversion. Kirk worked directly with Meg Buckingham, Rachelle Paris, and Tina Clark. Prior to founding ReCREATE with Ms. Lessa, he operated a small independent consulting company, Planet People Waste Insights, for 3 years, assisting larger environmental consulting companies with the implementation of waste characterization and outreach projects. Natalie Lessa ReCREATE Co-Owner, Director of Education and Outreach and Technical Assistance Projects Natalie is a Co-Founder of ReCREATE Waste Collaborative and specializes in education and outreach, edible food recovery, zero waste planning and implementation, and on-the-ground technical assistance to businesses and residents. Natalie has contributed to over a dozen municipal projects focused on the planning and implementation of AB 341/1826 and SB 1383. She served as a Recycling Coordinator for the City of Rancho Cordova and assisted in the planning and roll-out of new commercial recycling and organics recycling services with the city’s three franchised waste haulers. Through her knowledge of the legislative requirements and enthusiasm to engage crucial stakeholders, she was able to bring residential and commercial contracts and the municipal code up to date with requirements prior to the state’s enforcement date and helped to write one of the first local ordinances to include AB 341/1826 language. Featured Client Projects: ● San Gabriel Valley Council of Governments (11 participating cities; Edible Food Recovery Planning and Implementation) ● City of Burbank (Single-Use Plastic Waste, MFD Outreach, Edible Food Capacity Planning and Implementation) ● City of Glendale (Single-Use Plastic Waste, Edible Food Capacity Planning and Implementation) ● City of Santa Clarita (Edible Food Capacity Planning and Implementation) ● City of Riverside (Edible Food Capacity Planning and Implementation) ● Imperial Valley Resource Management Agency (Edible Food Capacity Planning and Implementation) ● The Recycling Partnership (4 projects; SFD Outreach, Cart Tagging) 5 ReCREATE Proposal for SLO On-Call Consultants RFQ During her tenure with R3 Consulting Group, Natalie supported multiple zero waste plan and procurement projects including for the cities of: Santa Monica, Carlsbad, Redlands, Rancho Cordova, Sacramento, Santa Rosa, Windsor, and the Town of Corte Madera. Antonella Zamora Galvez Recycling Specialist II, Edible Food Recovery and Technical Assistance Antonella has worked with ReCREATE for 3 years and has led multiple projects related to edible food recovery, single-use plastics outreach, single-family outreach and cart tagging for the following clients: San Gabriel Valley Council of Governments, The Recycling Partnership, City of Ceres, City of Santa Clarita, City of Burbank, City of Glendale, City of Palm Springs and City of Hawaiian Gardens. Antonella uses her native Spanish fluency to offer outreach to all members of the diverse business community, ensuring that information is accessible and equitable for all. She additionally provides education and outreach to Tier 1 and Tier 2 EFGs as part of the firm’s edible food recovery programs for the cities of La Canada Flintridge, South Pasadena, Glendora and Irwindale. As part of this service, she relays SB 1383 requirements to businesses and monitors compliance, providing monthly reports to the client to share inspection details and recommendations for increased access to food recovery. If you get the pleasure to work with Antonella or have her visit one of your businesses, you can be guaranteed to be greeted by her cheerful personality and earnest commitment to move communities towards zero waste. Antonella has overseen several cart tagging projects in communities throughout the US for our client The Recycling Partnership including in Hickory Hills (IL), Collier County (FL) and Folsom (CA). This included overseeing routing of 10,000 households in Collier County, organizing postcard events and conducting 4 weeks of cart tagging while overseeing field staff in Folsom, and 2 weeks of cart tagging routing and execution in Hickory Hills. Antonella’s prior environmental experience includes an internship with the City of Long Beach’s Green Business program and a wetland restoration project. Laney Richardson Recycling Specialist II, Route Reviews and Technical Assistance Laney oversees our route review and education and outreach projects in jurisdictions throughout the state of California. Laney is currently leading route review field teams in over 20 Southern California jurisdictions spread across Los Angeles, Riverside, and San Bernardino counties. Laney draws on her experience with GIS technology to assist with the route review planning process and utilizes ArcGIS tools to identify route areas and addresses to target for inspections. Laney also coordinates with the waste hauler client to schedule and plan fieldwork. 6 ReCREATE Proposal for SLO On-Call Consultants RFQ Laney has also overseen the implementation of large-scale, citywide multi-family outreach projects, including the distribution of door hanger flyers to hundreds of multi-family properties and thousands of individual units in the cities of Burbank and Rancho Cucamonga. Laney has over 6 years of experience in the waste industry, from working in sustainable film production, to recycling centers, to student environmental activism. Claire Glidden Recyclist Specialist II, Route Reviews and Edible Food Recovery Claire oversees planning and implementation of our route review projects. In this capacity she assists with identifying areas of routes to include for inspections through the use of ArcGIS tools and coordinates closely with our waste hauler client to plan route review fieldwork. She also oversees edible food recovery implementation for our City of Riverside client and supported the edible food recovery capacity assessment in Imperial County by visiting Tier 1 EFGs and food recovery organizations to conduct in-person surveys and compliance assessments. Claire brings many years of environmental industry experience, including waste-focused graduate student internships for the University of Pennsylvania and a solid waste internship with the City of Riverside. Firm Experience and Service Areas ReCREATE assists our clients with their waste and recycling projects from the planning stages, to hands on implementation, to final reporting. Below is an overview of our firm’s experience by service areas listed in the RFQ: ● Strategic planning and sustainable and zero waste planning ○ The firm specializes in creating education and outreach and edible food recovery implementation and enforcement plans to support cities with their SB 1383 compliance ○ Natalie Lessa has co-written Zero Waste Plans for the City of Santa Monica, Town of Corte Madera, City of Santa Rosa and City of Carlsbad. She is additionally working with the State of Arizona (ADEQ) as a subcontractor to Tetra Tech on a stakeholder engagement strategy planning and execution for the update to its Solid Waste Materials Management Plan. ○ Strategic planning for single-use plastics policy stakeholder engagement for the cities of Burbank and Glendale ○ Created a recycling ambassador business outreach program for the City of Key West for increasing participation in the commercial recycling program ● Waste characterizations/audits 7 ReCREATE Proposal for SLO On-Call Consultants RFQ ○ Assisted with, developed, and implemented dozens of waste characterization studies and has experience in a range of study methodologies, from facility and disposal-based, to generator and cart-based. Previous waste characterization projects ReCREATE has been engaged on include those conducted for the City of San Luis Obispo, CalRecycle, LA Sanitation, Department of Sanitation New York, LA County Public Works, and the Washington State Department of Ecology, among others. ● Program design and evaluation ○ Designed a pilot program for the Mojave Desert and Mountain Recycling Authority (San Bernardino County JPA) which included an evaluation of the impacts of various forms of education and outreach on reducing contamination and increasing participation in curbside recycling programs. Pilot was expanded to a communitywide program for compliance with SB 1383 container contamination minimization requirements. ● Policy and ordinance development ○ Led stakeholder engagement process and supported policy development for the City of Burbank plastic waste reduction ordinance. ○ Led stakeholder engagement process for City of Glendale plastic waste reduction ordinance. ○ Updating the California City municipal code for SB 1383 compliance ○ Natalie Lessa has assisted various cities in Northern California (Citrus Heights, Rancho Cordova, Elk Grove and others) with updating municipal codes to reflect AB 341 and 1826 requirements and Construction & Demolition CalGreen standards. ● Extended producer responsibility ○ Working with the State of Arizona (ADEQ) to identify EPR strategies viable for the state for inclusion in the updated Solid Waste Materials Management Plan. ○ Active participation in SB 54 working groups as a National Product Stewardship Council participant. ● Education and outreach ○ Development and creation of educational materials and content intended for both digital and in person use. Materials developed include flyers, notices, cart tags, digital media, and social media posts. ○ Natalie Lessa has a background in public relations and has provided extensive project planning and implementation of education and outreach campaigns focused on waste reduction and resource recovery through a lens of community-based social marketing for clients such as The Recycling Partnership, City of Torrance, City of Burbank, City of Glendale, City of Palm Springs and other municipalities in California. She is also an education and outreach instructor for GreenEducation.US and the Co-Chair of CRRA’s Behavior-Based Strategies Technical Council Business education and outreach specialized in edible food recovery, single-use plastic policy and reusables implementation, implementation of recycling and organics recycling and waiver application process 8 ReCREATE Proposal for SLO On-Call Consultants RFQ ● Generator compliance, including contamination monitoring, route reviews, waste characterizations, and facility waste evaluations ○ Completed route review inspections of tens of thousands of residences in over 25 jurisdictions throughout Los Angeles, Riverside, and San Bernardino counties for clients that include waste haulers, a regional waste management authority, and individual municipalities. Our team has perfected a proven route review implementation system that enables us to complete inspections quickly and efficiently, while maintaining high levels of quality in the data and minimizing impacts to regular collection operations. ○ Conducted de minimis and physical space waivers assessments and assisted generators with the exemption process for the City of Hawaiian Gardens and City of Culver City (as a subcontractor to Go2Zero). ● Stakeholder engagement, including community workshops, public surveys, and focus groups ○ As a subcontractor to Tetra Tech, Co-Founder Natalie Lessa is managing the State of Arizona’s public engagement process for the development of its updated solid waste materials management plan. Tasks include conducting nine regional community workshops, managing public survey responses received and conducting stakeholder interviews. ○ Currently assisting the City of Burbank and City of Glendale with stakeholder engagement to solicit feedback from the business and residential community about potential policy details related to the plastic waste reduction ordinances, inclusive of webinars and in-person presentations to various chambers of commerce and surveys to hundreds of impacted businesses. ○ City of Santa Monica Zero Waste Plan stakeholder engagement presentations and facilitation of discussions at community groups and HOAs. ● Program tracking, reporting, and monitoring, including capacity planning for both organic waste and edible food ○ Assisting the City of Burbank with their 2023 organics capacity planning and edible food recovery report ○ Overseeing the edible food recovery capacity report for Imperial County (IVRMA), City of Santa Clarita, City of Glendale and City of Riverside ○ Provides inspection reports to municipalities to demonstrate compliance with SB 1383 ● Edible food recovery compliance and implementation, including inspections ○ Specialized in providing edible food recovery compliance and inspections to over 15 California municipalities, inclusive of Inspection and Enforcement Plans, inspections to Tier 1 and Tier 2 EFGs and food recovery organizations/services (over 750 visits to date), recordkeeping and tracking of compliance on a business-by-business basis using Careit software, serving as a liaison during stakeholder meetings and roundtable discussions and documenting all enforcement efforts. 9 ReCREATE Proposal for SLO On-Call Consultants RFQ Relevant Project Experience City of San Luis Obispo - Waste Generation and Characterization Report with Program Recommendations ● Contracted by the City of San Luis Obispo to conduct a waste characterization study to provide annual estimates of waste generated by City facilities. ReCREATE also completed walkthroughs of City facilities to confirm existing waste reduction practices and identify opportunities for improvement, and a final report that contained the study findings and program recommendations for maximizing waste diversion. City of Burbank - Plastics Ordinance Assistance, Multi-Family Outreach, and Schools Education ReCREATE is currently contracted with the City of Burbank to provide consulting services in the following areas: ● Plastics Reduction Ordinance Planning and Business Technical Assistance ● Education and Outreach Business Development (signage, resource packets, purchasing guide, etc.) ● Multifamily Outreach (kitchen pail delivery, door hanger distribution, new service phone calls to property managers) to over 2,000 units ● Educational Programming at 9 Burbank Schools City of Glendale - Plastics Ordinance Assistance, Edible Food Recovery Capacity Planning and Inspections ● Plastics Reduction Ordinance Planning and Business Technical Assistance to over 200 businesses ● Edible food recovery site visits to EFGs and FROs, capacity planning, stakeholder engagement and recordkeeping City of Riverside - Edible Food Recovery Inspections ● Edible food recovery site visits to EFGs and FROs, capacity planning, stakeholder engagement and recordkeeping 10 ReCREATE Proposal for SLO On-Call Consultants RFQ City of Torrance - Route Review Inspections, Implementation Plans, Edible Food Recovery Inspections ● Education and Outreach Plan, and Edible Food Recovery Inspection Plan development ● Edible food recovery site visits to EFGs and FROs ● Completed over 3000 route review inspections utilizing a custom data collection tool to complete inspections and record the required information for SB 1383 recordkeeping and compliance purposes. San Gabriel Valley Council of Governments - Edible Food Recovery Inspections ● Subcontractor to SCS; completed over 400 in-person inspections to EFGs and FROs in 12 participating cities since February 2022. ● Wrote the Edible Food Recovery Inspection Plan outlining the process for conducting inspections, providing education and outreach and enforcement. Burrtec Waste Industries - Route Reviews and Multi-Family Outreach ● Currently contracted by Burrtec Waste Industries to complete route review inspections of over 20,000 residential accounts in over 20 jurisdictions located throughout Los Angeles, Riverside, and San Bernardino counties. ● The vast area of Southern California that our team covers led to the development of a highly organized fieldwork planning and scheduling system in order to work efficiently and effectively manage our time and budget. ● Perfected a system to allow us to hit the inspection targets on schedule while maintaining a high level of quality and client satisfaction. Burrtec renewed ReCREATE’s contract for the 2024 year. ● Responsible for all planning tasks, including determining field schedules, coordinating with route supervisors and haulers, identifying areas of routes and addresses to include for inspections, and providing final address lists to the client. We have several teams out during any given week completing inspections. ● Experience with the Recyclist platform. ● Provided a custom data collection tool for recordkeeping. ● Recently completed a multi-family door hanger project at over 90 properties in the City of Rancho Cucamonga, leaving door hanger flyers at over 15,000 individual units. 11 ReCREATE Proposal for SLO On-Call Consultants RFQ CalRecycle - Statewide Waste Characterization Studies ● Performed as a subcontractor on 3 statewide waste characterization studies for CalRecycle. In 2019, ReCREATE staff assisted with two studies, the Disposal Based Edible Food Generation Study, which occurred at landfills throughout the state, and the Generator Based Edible Food Generation Study which occurred at various edible food waste generator businesses. ● Assisted with the planning and implementation of an SB 343 Truth In Labeling MRF Study in 2023, in which our team planned and coordinated fieldwork and performed waste characterization, data collection, and reporting for sampling conducted at 10 MRFs throughout the state. The Recycling Partnership ● 1,800 household door hanging project at single family homes in Hammonton, New Jersey ● 10,000 household door-to-door outreach campaign educating residents about how to recycle correctly in Collier County ● 1,800 household cart tagging project in Hickory Hills, Illinois ● Community postcard writing events and cart tagging over 4 weeks in Folsom, California 12 ReCREATE Proposal for SLO On-Call Consultants RFQ Fee Structure The following tables contain ReCREATE’s standard hourly rates, the specific staff who may be engaged on this project, their titles, and their hourly rates, and expense amounts that may be incurred for this project. Note that staff’s hourly rates are subject to an annual CPI percentage increase. Position Hourly Rate Project Manager $180.00 Recyclist Specialist II (Lead)$95.00 Recycling Specialist I (Field Staff)$80.00 Staff Person Title Hourly Rate Kirk Kunihiro Project Manager $180.00 Natalie Lessa Project Manager $180.00 Antonella Zamora Galvez Recycling Specialist II $95.00 Laney Richardson Recycling Specialist II $95.00 Claire Glidden Recycling Specialist II $95.00 Field Staff Recycling Specialist I $80.00 Expenses 2024 Rate Notes Mileage (per mile rate)$0.67 IRS standard mileage reimbursement rate (subject to change annually) Meals Per Diem (per day)$45 Subject to annual CPI increase Accommodations Market Rate, up to $250 per person per night If required to travel, staff will stay in a hotel or AirBnb Project Supplies (including print materials)Direct Cost 13 ReCREATE Proposal for SLO On-Call Consultants RFQ Proposal Forms and Attachments The completed proposal forms, certificate of insurance, resumes and other proposal items are included as separate attachments. 14 Attention: Proposal Forms Confidentiality Request Due to the sensitive nature of the contract amount totals with a private business client, Burrtec Waste Industries, we request that this attachment be made confidential. If the entire attachment cannot be made confidential, all Burrtec contract details, including contact info and contract amounts, must be redacted from the attachment. Please acknowledge receipt of this confidentiality request when accepting our proposal. The contract amounts for our government clients are public record and therefore may be included without redaction. Signature of Authorized Representative Date Bid 2404-001City of San Luis Obispo 5/6/2024 5:50 PM p. 13 5/13/2024 2. References Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Bid 2404-001City of San Luis Obispo 5/6/2024 5:50 PM p. 14 5 Burrtec Waste Industries Michael Heftman (909) 429-4200, mheftman@burrtec.com 9890 Cherry Ave Fontana, CA 92335 Since 2023, ReCREATE has conducted tens of thousands of inspections of individual residential accounts served by Burrtec in over 20 jurisdictions throughout Los Angeles, Riverside, and San Bernardino Counties. Over 12,000 inspections were completed for our 2023 contract. Burrtec renewed our 2024 contract, which is ongoing, and inspection totals were doubled to over 26,000. City of Burbank Amber Duran (818) 238-2902, aduran@burbankca.gov 500 S. Flower Street Burbank CA 91502 ReCREATE is currently contracted with the City of Burbank to provide consulting services in the following areas: -Plastics Reduction Ordinance Planning and Business Technical Assistance -Education and Outreach Business Development (signage, resource packets, purchasing guide, etc.) -Multifamily Outreach (kitchen pail delivery, door hanger distribution, new service phone calls to property managers) to over 2,000 units -Educational Programming at 9 Burbank Schools Project budget amounts have ranged from $87,000 to $150,000. Reference No. 3 Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Bid 2404-001City of San Luis Obispo 5/6/2024 5:50 PM p. 15 The Recycling Partnership Michelle Metzler, Director of Community Programs (564) 209-1569, mmetzler@recyclingpartnership.org 20 F St 7th Floor Washington D.C. 20001 ReCREATE has conducted several education and outreach projects for TRP, including an 1,800 single family household door hanging project, a 10,000 household door to door recycling outreach campaign, and an 1,800 household cart tagging project. Project budgets have ranged from $23,000 to $95,000. 3. Statement of Past Contract Disqualifications The Candidate shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. ◼ Do you have any disqualification as described in the above paragraph to declare? Yes □ No □ ◼ If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Candidate Representative Bid 2404-001City of San Luis Obispo 5/6/2024 5:50 PM p. 16 5/14/2024 2 PM Prior to forming ReCREATE, co-owner Kirk Kunihiro independently consulted as Planet People Waste Insights. In 2019, PPWI was a subcontractor to a private consulting firm on a local municipality project. PPWI provided staffing assistance on a route audit where they would ride along with city staff to visually observe commercial trash containers. Unfortunately the staff that PPWI provided did not perform to PPWI's or the client's expectations and the client requested that the staff not continue the remaining 2 days of the project. The performance issues were related to repeated lack of punctuality and a request to wear work appropriate attire. Despite PPWI addressing the behavior, the staff did not correct the behavior and failed to meet expectations. The staff were promptly terminated as a result. PPWI therefore did not complete the project as intended. No formal action was taken by the primary contractor or city as a result of PPWI not meeting its task deliverable of providing staff assistance for the week. This event was an isolated incident and no other disqualifications have occurred since. 05/03/2024 First Choice Insurance Group 6330 McLeod Dr Ste 3 Las Vegas, NV 89120 License #: 3413028 Krista Howell (702)529-2550 krista@yourfirstchoice.agency 00003411-0 5 Recreate Waste Collaborative LLC 212 Quincy Ave #204 Long Beach, CA 90803 Certain Underwriters at Lloyd's 85202 A 01/01/2024 01/01/2025Hired/Non-Owned Auto Limit $1,000,000 For Information Only (KH1) Printed by KH1 on 05/03/2024 at 09:21AM ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 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THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Claire Glidden Riverside, CA Education University of Pennsylvania, Philadelphia, PA — Master’s of Environmental Studies Bryn Mawr College, Bryn Mawr, PA — Bachelors of Arts in Anthropology 2021 - 2023 2015 - 2019 Experience University of Pennsylvania, Philadelphia, PA —Research Capstone Project/Graduate Student August 2021 - March 2023 ● Designed and proposed a capstone project on waste-to-energy transformation combining academic disciplines and research methods ● Synthesized a guided meta-analysis determining the sustainability of mass combustion on municipal solid waste ● Conducted academic research, demonstrated methods of inquiry, and communicated ideas Penn Sustainability, University of Pennsylvania, Philadelphia, PA —Strategic Waste Intern June 2022 - July 2022 ● Implemented recycling/waste initiatives supporting programs and meeting sustainability targets ● Designed curriculum and training for departments focused on waste diversion/single use plastics ● Managed project communications to improve sustainability goals via stakeholder engagement ● Delivered research to enhance internal and community waste and recycling practices ● Produced public-facing materials including blog posts, social media content, and newsletters ● Monitored and reported campaign metrics, and established project partnerships via outreach The Energy Co-op, Philadelphia, PA —Member Services Intern September 2021- December 2021 ● Oversaw independent research and program management to study renewable energy market trends ● Conducted client communications, monitored company competitor pricing, and delivered progress reports ● Managed member engagement through emails and calls and assisted with event planning Churchill Mortgage, San Dimas, CA —Processing Assistant September 2020 - December 2020 ● Managed customer contacts, third party vendors, and teams to ensure quality service ● Reviewed 20+ documentation daily for completion and accuracy while meeting deadlines and quotas ● Successfully signed 40+ sales a week and processed multiple ongoing contracts weekly City of Riverside, Riverside, CA —Solid Waste Intern May 2018 - July 2018 ● Drafted grants supporting initiatives expanding environmental studies education ● Implemented interactive programs for school curriculum for board meetings ● Created metrics for city building waste audits and designed sustainability solutions for buildings Phonathon, Bryn Mawr, PA —Call Representative September 2016 - May 2019 ● Managed routine correspondence, preparing monthly data reports, and weekly tracking ● Fostered strong member and alumni engagement through successful sales and fundraising skills ● Raised $20,000 weekly for campus fundraisers, guest speakers, extracurricular activities Beahrs Environmental Leadership Program —Student Volunteer College of Natural Sciences, University of California Berkeley Summer 2015 - 2016 ● Provided logistical support for the collaborative leadership sessions for mid-level environmental leaders from across the globe. Topics covered included approaches to leadership, personality temperaments, communication skills, negotiation, facilitation. process design, and consensus building skills ● Learned about innovative approaches and case studies tackling interdisciplinary environmental issues Antonella Zamora ( PROFILE Enthusiastic college graduate with a passion for sustainability looking forward to applying my writing, communication, and researching skills in any way needed. EDUCATION California State University, Long Beach Graduated May 2021 Bachelor of Science, Environmental Science and Policy Minor: Biology, GPA 3.5, Dean's List Awards: The Port of Long Beach Environmental Science Scholarship (2020) ACADEMIC PROJECTS Bouton Creek Restoration Project- Spring 2021 - Collaborated on a 20 page restoration project involving the restoration of Bouton Creek, using data involving native plants, soil samples, and water samples. SKILLS - Bilingual, native Spanish speaker - Proficient in Word, Excel, PowerPoint, Outlook, and Google applications - Knowledge of ESRI and ArcGIS - Attentive to detail, time management, collaboration skills WORK EXPERIENCE Long Beach Green Business Program- Intern February 2021-May2021 Long Beach, CA - Researched California's Green Business Network requirements in order to assist in technical support and communication with businesses - Performed outreach efforts via phone and email to over 50 businesses a day in Spanish and English, maintaining meticulous records - Formulated ideas and strategies on getting community and business involvement with the program through social media Francesca’s Collections- Sales August 2017-February 2019 Palmdale, CA - Anticipated guests needs and provided them with high quality service Developed relationships with new and returning customers resulting in customer loyalty - Maintained a clean organized inventory and curated displays of seasonal clothing and accessories - Incorporated a recycling system in the back room to minimize plastic waste N’Joy Popcorn- Lead November 2015-August 2017 Palmdale, CA - Trained new employees, effectively communicating and helping them navigate a fast-paced environment, enforcing cleanliness and food safety as a top priority - Memorized over 40 menu items in order to give customized recommendations to guests - Handled register transactions to ensure seamless and accurate cash flow for morning and closing shifts ELENA RICHARDSON Burbank, CA | ( | linkedin.com/in/elenacrichardson EDUCATION CALIFORNIA POLYTECHNIC STATE UNIVERSITY San Luis Obispo, CA Bachelor of Science in Anthropology/Geography June 2020 o Minors, Sustainable Environments & Environmental Studies o Cumulative GPA: 3.3 o Social Sciences Club (President), Social Sciences Student Advisory Board (President), Zero Waste Club (Board Member), Cal Poly EcoReps (Ambassador) LEADERSHIP & INVOLVEMENT CAL POLY SOCIAL SCIENCES CLUB San Luis Obispo, CA President March 2018 - June 2020 o Boosted membership 550% in two years by fostering social, academic and professional networking EXPERIENCE VOXELMAPS INC. Los Angeles, CA Pedestrian Mapper March 2021 - Present o Scan and collect data of the walkways, trails and surfaces that a motor vehicle cannot go via LiDAR and 360° Imagery CALIFORNIA YOUTH CLIMATE ACTIVISTS Burbank, CA Director of Community Outreach Sept 2020 - March 2021 o Collaborated with 50+ environmental youth activists across the state to promote sustainability and advocate for underrepresented BIPOC and low-income communities o Spearheaded an Instagram takeover for Earth Week, o Created educational, sustainability-related social media content for Instagram (@california.yca) o Brainstormed with fellow directors and executives on environmental campaign strategies EARTH DAY TRASHION SHOW San Luis Obispo, CA Event Lead March 2018 - June 2020 o Envisioned and organized the first Cal Poly Trashion Show to raise awareness about waste o Created wearable outfits out of disposable materials o Successfully launched the program virtually on Instagram (@cptrashionshow) o Collaborated with SLO County Earth Day organizers to connect the Cal Poly and SLO communities CAL POLY CAMPUS DINING San Luis Obispo, CA Crew Lead March 2017 - June 2020 o Trained new crew members and organized monthly teambuilding events BURBANK RECYCLE CENTER Burbank, CA Recycling Intern June - Sept 2019 o Collaborated with Recyclist.co and city officials to create Where It Goes, an online resource for residents to easily reduce, reuse, repurpose, recycle and donate over 300 disposable materials o Identified solutions for small businesses through free or low-cost recycling and upcycling programs o Compiled a 200+ page guide of local non-profits and the donations they accept RECYCLED MOVIE SETS Burbank, CA Zero Waste Coordinator July 2018 - August 2019 o Educated the public about the differences between compostable, recyclable and landfill items o Ensured the city’s outdoor concert venue met its 100% waste diversion goal Kirk Kunihiro Waste Consultant ㅡ Skills Projectmanagement,clientrelations,businessdevelopment,hiringand staffcoordination,publicoutreachandeducation,wastecharacterization studydesignandimplementation,technicalassistance,datacollection andreporting,creativedirection. ㅡ Experience ReCREATEWasteCollaborative/Co-founder/owner,Principal July2020-PRESENT, LongBeach,CA AsanownerofReCREATE,awasteconsulting firm,Ioverseebusiness administrationanddevelopment.Asaprincipalconsultant,Iengage clientsonprojects,managesupportstaff,andoversee fieldwork. ReCREATEprovidestechnicalassistance,designsandimplementswaste characterizationstudiesandroutereviews,designscommunitybased socialmarketingcampaigns,andassistsmunicipalitieswithplanningand implementingpoliciesthatmeettherequirementsofCAwaste legislationsuchasAB341,AB1826,andSB1383. PlanetPeopleWasteInsights/Owner,Principal 2019-2022, LongBeach,CA PPWIisawasteconsultingbusinesswithafocusonimplementingwaste characterizationstudies,educationandoutreachprograms,public engagementworkshops,andtechnicalassistance.Asthesoleproprietor, Ioverseeallbusinessadministrationanddevelopment,project management,staffhiringandcoordination,and fieldwork. WasteNaughtEvents/PartOwner,ChiefOperationsOfficer 2015-PRESENT, Global Since2015,WasteNaughthasprovidedzerowasteeventoperationsand sustainablesiteservicesforover100eventsthroughouttheWestCoast andbeyond.AstheCOOIoverseebusinessadministration,project management,andsocialmediamanagement. OrangeCountyDepartmentofEducation/ProgramNaturalist March2016-June2016, Orange,California Asapart-time,seasonalprogramnaturalistIdeliveredoutdoor environmentaleducationprogramsatvariousnatureparksthroughout OrangeCountyforvisitingstudentgroupsaspartoftheOrangeCounty DepartmentofEducation’slongrunning“InsidetheOutdoors”nature scienceeducationprogram. PennsylvaniaResourcesCouncil/WasteDiversionSpecialist June2015-October2015, Pittsburgh,PA Asaprojectmanagerfora1,200householdresidentialrecyclingpilot,I oversawtwoStudentConservationAssociationinternsintheplanning andimplementationoftheproject.The fivemonthprojectincludeddoor todooroutreach,communityengagementmeetings,routeaudits,bin distribution,dataorganization,andwasteassessments.Inadditiontothe project,IassistedPRCwithzerowasteeventservicesandHHW collectionevents. StopWaste/EnvironmentalEducationAssociate September2014-May2015, Oakland,California AsanEEAattheAlamedaCountyWasteManagementAuthority (StopWaste),Ideliverededucationalprogramstovisiting4thgrade students,ledtoursofatransferstationandMRFinSanLeandroand Fremont,andassistedincontentdevelopment. SanFranciscoConservationCorps/ZeroWasteEventSupervisor June2014-June2015, SanFrancisco,California AsasupervisorfortheSFCC,Imanagedcrewsofcorpsmembersin deliveringzerowasteeventservicesforeventsofallsizesandtypes throughoutthecityofSanFrancisco. GreenMaryZeroWasteEvents/Manager September2012-June2016, SanFrancisco,California My firstjobinthewasteindustrywassortingcontaminantsoutofa compostdumpsteratahugetechcompanyholidaypartyonTreasure Island.GreenMarywaspivotalinopeningmyeyestotheprofessionthat wouldultimatelybecomemylife’spath. ㅡ Education SanFranciscoStateUniversity/B.S.Recreation,Parks,and TourismAdministration August 2012-June2014, SanFrancisco,CA IattendedSFSU’sRecreationParksandTourismprogramtoearna degreethatwouldsupportmydesireto entertheenvironmental educationprofession. DuringmyyearsatCypressCollege,Ivolunteeredasanaturalist deliveringoutdooreducationprogramming forvariousenvironmental nonprofitsinOrangeCounty,whichledmetopursuingacareerinthe environmentaleducation field.ItransferredtoSFSUin2012. ㅡ Professional Affiliations NorthernCaliforniaRecyclingAssociation,CaliforniaResourceRecovery Association,ZeroWasteYouthUSA,CaliforniaAssociationfor Environmental&OutdoorEducation(2014) Natalie Lessa | www.linkedin.com/in/natalielessa Professional Work Experience JANUARY 2020 TO CURRENT (2+ YEARS) FOUNDER & PRINCIPAL CONSULTANT, RECREATE WASTE COLLABORATIVE LLC. • Project manager for municipal, private and nonprofit clients related to legislative compliance; manages budgets to achieve on-time deliverables; responsible for identifying new funding sources and firm proposal writing; and client relations (see clients below). • Imperial Valley Resource Management Agency: Oversees edible food recovery capacity planning countywide for 2022-2024 and 2025-2034 reporting years; data management; staff oversight • City of Glendale, City of Torrance, City of Glendale: Developing an edible food program by identifying Tier 1 and Tier 2 commercial edible food generators, conducting a capacity analysis; and identifying gaps in capacity to provide recommendations for improved food donation programs. • San Gabriel Valley Council of Governments: Created an Inspection Plan to assist 14 municipalities with compliance with the edible food component of SB 1383; currently oversees a 6-person team to conduct inspections and track compliance through an app-based system. • City of Palm Springs: Managing the roll-out of the city’s reusable foodservice ware and plastic waste reduction ordinance to over 100 food-serving businesses. • Mojave Desert and Mountain Recycling Authority: Creatively developed a residential pilot to over 1,200 residents in 9 cities through online, social media and in-person platforms to test the effectiveness of community-based social marketing strategies on recycling contamination. JULY 2015 TO NOVEMBER 2019 (4+ YEARS) PROJECT MANAGER, R3 CONSULTING GROUP, INC. • Managed the firm’s marketing department and oversaw two team staff; responsible for proposal development, expanding the firm’s regional presence and identifying new partnerships. • Specialized in client relations, managing projects and developing sustainability plans and programs including monitoring and tracking implementation success for municipal clients. • City of Santa Monica: Developed the city’s Zero Waste Plan Update by analyzing progress and developing innovative solutions based on community input; conducted visual waste audits at the City’s largest commercial businesses and multifamily complexes; executed stakeholder engagement to over 20 community groups; developed education and outreach strategies. • City of Rancho Cordova: Provided in-house staffing as the city’s recycling coordinator and project manager; assisted in creating marketing materials/fliers and a communication approach to the city’s largest business for compliance with AB 341/1826; tracked and managed 14 solid waste hauler contracts and reports; managed multiple CalRecycle grants; prepared Electronic Annual Report (EAR); executed quarterly tracking meetings with waste haulers; ordinance writing; community outreach; provided customer service to various stakeholders and members of the community. • Sioneer: Managed a private glass recycler’s CalRecycle grant which resulted in the award of $3m. AUGUST 2014 TO JULY 2015 (~1 YEAR) GREEN CHILD CARE COORDINATOR, ALAMEDA COUNTY (GSA) // STRATEGIC ENERGY INNOVATIONS (SEI) CLIMATE CORPS BAY AREA PROGRAM •Performed project manager duties for the Alameda County General Services Agency: Green Child Care Program (Altamont Landfill grant) through a fellowship program which included: grant application writing; grant tracking and reporting; and program implementation. •Increased the reach of the program by 70% by updating marketing collateral and outreach approach which resulted in 50 new classrooms onboarded to the program. •Created training materials and organized and conducted training to over 200 teachers and staff to increase best practices of waste source separation at the bin. •Developed pre-K curriculum, resource guides and other take-home material to assist in the education of over 1,000 students in the program, resulting in thousands of pounds diversion. AUGUST 2011 TO MAY 2013 (~2 YEARS) EDUCATION & OUTREACH COORDINATOR, CSU, CHICO - ASSOCIATED STUDENTS •Managed an internship team of 5-10 environmental students semesterly by mentoring each student one-on-one and leading weekly team meetings, events and campaigns. •Developed print and digital marketing material to promote sustainability programs and events on campus. •Trained and oversaw 60 volunteers during two move-out events to help residents recycle and donate their items when moving out of their units. •Elected to serve as the Commissioner of Environmental Affairs which involved facilitating a council and its members of students and faculty to the cocreation of a campus zero waste plan and three new sustainability programs in various departments on campus. Education GRADUATED JULY 2013 BACHELOR OF ARTS IN JOURNALISM AND PUBLIC RELATIONS, HEALTH SCIENCE EMPHASIS CALIFORNIA STATE UNIVERSITY, CHICO COMPLETED JULY 2015 CLIMATE PROTECTION PROFESSIONAL CERTIFICATE, SKYLINE COMMUNITY COLLEGE •Completed a 10-month sustainability training fellowship program at the Alameda County GSA Department, which included monthly professional development trainings at leading green businesses and local agencies in the Bay Area – see Alameda County experience for more. Volunteer Experience & Extracurriculars •Co-Chair (Behavior-Based Strategies, CRRA) – Organizes meaningful behavior change events to further industry knowledge and share resources with council members. •Secretary (Women in Solid Waste & Recycling, WISR SoCal Chapter) – Provides administrative and leadership duties for a professional women’s networking organization. •Course Instructor (GreenEducation.US) – Recently created, launched and continues to teach a course on Education and Outreach for Sustainable Resource Management. •Volunteer/Activist (Surfrider Foundation Los Angeles & Long Beach Chapters) – Participated in national nonprofit organization by lobbying at the US Capitol on behalf of federal single-use plastic legislation; conducted site visits to local restaurants in the Ocean Friendly Restaurants program; assisted beach litter clean-up events; engaged in the Rise Above Plastics program and Reusable LA Coalition; performed Volunteer Coordinator duties. A. INTRODUCTION The City is requesting qualifications from qualified consultants to provide solid waste and recycling consultant services (“Consultant Services”). The Solid Waste and Recycling Program of the City of San Luis Obispo Utilities Department coordinates the planning, development, and implementation of programs and services related to solid waste, recycling, organics recycling, zero waste, and other waste diversion programs, but is either not adequately staffed to perform all necessary tasks to the fullest extent or require expert technical assistance. Consultants should expect projects and tasks that will relate to meeting the legislative and regulatory requirements of Senate Bill 1383 and other solid waste and recycling related legislation; meeting the circular economy and waste diversion-related goals specified in the City’s Climate Action Plan; and management of the City’s franchise agreements for solid waste, mixed recyclables, and organics collection. Full-time, regular staff dedicated to this program area include the Utilities Director, Deputy Director of Wastewater, Solid Waste and Recycling Program Manager, and Solid Waste and Recycling Coordinator. The City is interested in generating a list of qualified consultants specializing in this type of work to draw from as needed. B. SCOPE OF WORK The City is requesting proposals for Consultant Services in a variety of solid waste and recycling related program areas to establish a list of qualified firms and individuals for contract work the City may need during a five-year period. The City requests information regarding the qualifications of consultants and consulting firms interested in providing solid waste and recycling consultant services to the City, as needed, via an established list of on-call outside consultants (“On-call List”). The City is interested in retaining a diverse group of firms and individuals who will be placed on the On-call List to provide high-quality consulting services. Selection of solid waste and recycling consultants is based on the qualifications and program area experience, quality of work, articulate approach to controlling costs and adhering to budgets , and effectiveness in communicating with the City. In addition to being placed on the On-call List, selected consultants or consulting firms will enter into a Professional Services Agreement (“PSA”) (attached to this RFP in Exhibit A. PSAs for specific engagements will include (1) a written scope of work, (2) a capped “not to exceed” amount, including the circumstances under which initial payment terms may be modified; and (3) the names of the individual consultants in the consulting firm assigned to work on the matter along with their hourly rate(s), which shall be consistent with the proposal submitted for this RFQ. Placement on the On-call List does not guarantee that the consultant or consulting firm will be engaged to provide services. Consultant Services will be used on an as-needed, case by case, or matter by matter basis. Outside consultant services may involve one or more of the following areas: 1. Planning Activities • Strategic planning • Sustainable and zero waste planning • Waste characterizations/audits • Disaster debris management • Financial: budgeting, modeling, cost and revenue studies, funding alternatives, fee development • Facility design and evaluation • Program design and evaluation • Policy and ordinance development • Grant application and management • Organizational and informational flow system assessment and design • Extended producer responsibility: local assessment, implementation 2. Legislative Compliance and Outreach Assistance • Outreach campaigns: development, content creation, marketing • Generator compliance: monitoring, route reviews, lid flipping, audits, assistance, custom outreach • Stakeholder outreach: community workshops, public opinion surveys, focus groups • Program tracking, reporting, and monitoring 3. Operations and Performance • Franchise agreement/hauler contract compliance reviews • Rate reviews and setting, audits, studies, and analysis: cost of service, fees, customer rates, payments, billing system functions, collection operations, transfer operations • Other reviews and analysis: management, administrative function, collection system productivity, vehicle routing • Benchmarking: metrics/standards development, enhancement strategies, tracking, monitoring • Proposition 218 and 26 assistance, and other propositions that may become pertinent 4. Contract Procurement, Management, and Negotiations Assistance • Collection system service options evaluation • Policy and program development and analysis • Annual rate adjustment mechanisms • Performance standards and penalties • Request for proposals: development, technical and financial evaluation • Franchise agreement/hauler contracts: development, review, monitoring • Rate models and rate structure analysis and development 5. Any other miscellaneous projects or tasks relating to the solid waste and recycling industry C. GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (“Candidate”) shall meet all the terms, and conditions of the RFQ project package. By virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of all provisions of the RF Q specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in Section I of these specifications and be accompanied by the other required submittals and supplemental materials. Proposal documents shall be submitted electronically via BidSync. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the Candidate’s insurance coverage during proposal evaluation; endorsements are not required until contract award. The City’s insurance requirements are detailed in Exhibit B. 5. Proposal Withdrawal and Opening. A Candidate may withdraw its proposal, without prejudice, prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal. No proposal received after the time specified or at any place other than that stated in the “Notice Inviting Bids/Requesting Proposals” will be considered. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested as the primary submitter in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a Candidate submitting a proposal, or who has quoted prices on materials to such Candidate, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other Candidates submitting proposals. 7. Communications. All timely requests for information submitted in writing via BidSync prior to the date indicated in the RFQ will receive a response. Telephone communications with City staff are not encouraged but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 8. Proposal Retention and Award. The City reserves the right to retain all proposals in accordance with the retention schedule (currently two years from decision for all unsuccessful proposals and five years past audit for successful ones). The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the “special terms and conditions” in Section D of these specifications for proposal evaluation and contract award criteria. 9. Competency and Responsibility of Candidate. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of Candidates. Candidates will provide, in a timely manner, all information that the City deems necessary to make such a decision. 10. Form of Agreement. Additional contract terms and conditions that Candidate will be expected to execute and be bound by when assigned a matter from their position on the On-Call List are listed in the Form of Agreement (Exhibit A). D. SPECIAL TERMS AND CONDITIONS 1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section E (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive proposer. 2. Term. The On-call List created from this RFQ will be active for the five-year period, commencing on the date the Form of Agreement is executed and expiring after five (5) years. 3. Proposal Review/ Candidate Selection to the List. The City will develop the On-call List based upon the responses to this RFQ. Responses will be evaluated as set forth in in Section F of these specifications. 4. Consultant Selection and Compensation. Acceptance onto the On-Call List does not guarantee that any work will be assigned to Consultant. The decision to retain Consultant Services will be that of the City on a case-by-case basis or matter-by-matter basis. Proposed fee structures should take into account the five-year life of the On-call List, and Candidates are encouraged to include in their proposal any fee escalator information that will be relevant to cost evaluation over the life of the On-call List. 5. Non-Exclusive Contract. During the life of the On-call List, the City reserves the right to enter into agreements for solid waste and recycling consultant services with persons or firms who do not respond to the RFQ. The City further reserves the right to waive responses to any part of this request if, in its sole judgment, it determines that it is in the best interests of the City to do so. The City may require any Candidate to participate in negotiations and to submit such other information or documentation as it may deem necessary as conditions of awarding a contract. The City reserves the right to vary or waive requirements for different Candidates as shall fit the City’s needs for a particular type of engagement or area of representation. E. SUBMITTAL CONTENT AND FORM 1. Letter of Interest (5-page maximum). Please include in the submittal a letter introducing the Candidate and expressing the Candidate’s interest in being considered for on-call consulting services, clearly identifying the applicable sub-area(s) of interest. The letter of interest should also include all of the following: a. Provide the name of the entity, its mailing address, telephone, facsimile number. b. Please describe the organization. c. Indicate that the Candidate has the availability and time to dedicate the personnel and resources necessary to provide on-call consulting services. d. Indicate that the Candidate has the minimum qualifications listed to perform any variety of the tasks outlined in Section B. e. Indicate the intention of the Candidate to adhere to the provisions described in the RFQ. (If selected to provide on-call consulting services, the Candidate will be expected to sign a service provider agreement with the City.) f. Please identify the contact person responsible for the submittal, specifying the name, title, and contact information. Please note that the person signing the letter of interest must be a legal representative of the Candidate authorized to bind the Candidate to an agreement in the event of an award. g. Provide a brochure or list of relevant services that can be provided, including but not limited to services outlined in Section B. 2. Relevant Experience of Key Personnel and the Firm (10-page maximum). a. Key Personnel Experience. The submittal must identify the key personnel that is to be assigned if awarded a contract, detailing their qualifications, areas of expertise, a summary of their past experience performing similar services for other jurisdictions, and a resume of each key personnel, including experience working with City staff, local San Luis Obispo community groups and decision- makers, and regional partner agencies. b. Firm Experience. The submittal must describe the Firm' s pertinent project experience, including a list of performed relevant projects, past performance, individual or team accomplishments, and examples of similar work for San Luis Obispo or neighboring jurisdictions in California, including experience working with City staff, local San Luis Obispo community groups and decision- makers, and regional partner agencies. c. General Firm Information. General firm information including the number of employees, location of firm headquarters, branch offices, and the number of years in business may also be provided. Please note that general firm information is not a substitute for the specific information requested in the above Sections E -2a and b. d. Any other information that would assist us in making this award decision. 3. Fee Structure. Please include a clear and comprehensive fee schedule, including a detailed statement of hourly rates for all positions and classifications of individuals involved that would be necessary to render service as noted in the Scope of Work above on a project- by-project basis. Provide a list of expenses being proposed to be billed in addition to legal fees, including the basis for such expenses. 5. Submittal of Proposal Forms. Each Candidate shall submit completed version of the three required forms in Section I. a. Acknowledgement of RFQ specifications. b. References from at least three firms for whom you have provided similar services. c. Statement of Contract Disqualifications. d. Certificate of insurance. 6. Additional Services. If there are related services not otherwise identified in the City' s RFQ, the Candidate may offer those to the City. Proposals are not required to address any additional services in order to be considered an acceptable proposal. F. PROPOSAL EVALUATION AND SELECTION Proposals will be evaluated by a selection panel made up of members from the Utilities Department Solid Waste and Recycling Program. The panel will score the qualification materials submitted on a zero to 100- point scale, excluding bonus points, based upon the following criteria. Consultants who qualify will be placed on the list of qualified on-call consultants for each subarea. Placement on the list of qualified on-call consultants is not a guarantee of work and does not constitute a commitment by the City to enter into a contract with the Consultant. As appropriate, the City may conduct an additional competitive process ( e.g., solicit bids or issue Requests for Proposals) prior to awarding contracts. The City anticipates that all services will be on an as-needed or on-call basis. 1. Letter of Interest. Demonstrated competence and the capacity and professional qualifications necessary to provide the Consulting Services specified in the RFQ. Ability to meet standard City contract and insurance requirements. 2. Relevant Experience. Demonstrated ability, based on consultant experience and specific experience of key personnel, to provide technical assistance on the types of tasks listed in the RFQ. Consultants need not necessarily be experts in every task in a given sub -area in order to achieve a favorable score. Prior experience, including the ability to work with City staff, local San Luis Obispo community groups and decision- makers, and regional partner agencies. (30 Points Maximum) 3. Responsiveness to the RFQ. Presentation, completeness, and clarity of information provided. 4. Fee Structure. The Candidate’s cost competitiveness and reasonableness. (20 Points Maximum) 5. Client References. (Pass/ Fail) 6. Additional Information. Information about how your company mitigates the environmental impact of its services, such as greenhouse gas emissions, amount of waste generated, water and energy use, or other areas related to your products and services. G. ADDITIONAL TERMS AND CONDITIONS 1. Nondiscrimination. The City will not discriminate against any interested consultant on the grounds of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation. 2. City's Right to Modify RFQ. The City reserves the right at its sole discretion to modify this RFQ including but not limited to the selection criteria) should the City deem that it is in its best interests to do so. Any changes to the proposal requirements will be made by written addendum. The failure of a consultant to read the latest addendums shall have no effect on the validity of such modification. 3. City' s Right to Cancel RFQ. The City reserves the right at its sole discretion to cancel this RFQ in part or in its entirety should the City deem that it is in the City' s best interests to do so. 4. City' s Right to Reject All Submittals. The City reserves the right, in its sole discretion, to reject all submittals should the City deem that it is in its best interests to do so. 5. City's Right to Extend RFQ Deadlines. The City reserves the right to extend the deadline for submittals by written addendum should the City deem that it is in its best interests to do so. 6. City’s Right to Negotiate With Consultants. The City reserves the right to negotiate with the consultants on the list of qualified on-call consultants regarding their exceptions to the standard service provider agreement. If any, or regarding other price and terms in their submittals and to require the selected Consultant to submit such technical, price, or other revisions of their submittals as may result from negotiations. 7. Standard Form Service Provider Agreement & Insurance. Consultants acknowledge that placement on the list of qualified on-call consultants does not commit the City to award a contract. For any project, the City reserves the right to award a contract to consultants 1) that are on the list of qualified on-call consultants; (2) that have an existing contract with the City, or (3) that are selected through a separate competitive process. Consultants on the list of qualified on-call consultants who are awarded a contract will be expected to sign a service provider agreement with the City. The standard service provider agreement and associated insurance requirements are attached as Exhibit A and B. Comments or exceptions, if any, to the standard service provider agreement and/ or insurance requirements must be noted in the Letter of Interest. It is understood that consultants have reviewed the service provider agreement (Exhibit A) and will take exception only to those items identified in their Letter of Interest. Neither review of the submittal by the City nor placement on the list of qualified on-call consultants constitutes an acceptance by the City of the Proposer's recommended changes to the service provider agreement. If there are any concerns or proposed exceptions requested to the standard service provider agreement, these issues will be discussed at the time the City awards a contract, if any. 8. Cost of Submittals. All costs incurred during submittal preparation or in any way associated with the Consultant' s preparations or submission shall be the sole responsibility of the Candidate. 9. Liability for Submittal Errors. Candidates are liable for all errors and omissions contained in their submittals. 10. Permits and Licenses. Candidates, at their sole expense, shall obtain and maintain during the term of any agreement all appropriate permits, certificates, and licenses including, but not limited to, a City Business License, which will be required in connection with the performance of on-call consulting services. H. ADDITIONAL TERMS AND CONDITIONS 1. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Consultant as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand. 2. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by, or assembled by the Consultant as part of the work or services under these Signature of Authorized Representative Date 2. References Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 3 Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome 3. Statement of Past Contract Disqualifications The Candidate shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. ◼ Do you have any disqualification as described in the above paragraph to declare? Yes □ No □ ◼ If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Candidate Representative EXHIBIT A : DRAFT FORM OF AGREEMENT CITY OF SAN LUIS OBISPO PROFESSIONAL SERVICES AGREEMENT This agreement (Agreement) is made and entered into in the City of San Luis Obispo on ____________, by and between the City of San Luis Obispo, a municipal corporation and charter city (City) and [FILL] hereinafter referred to as Contractor (collectively referred to as the “Parties”). WITNESSETH: WHEREAS, on April 15, 2024, City requested proposals for solid waste and recycling on-call consulting services; and WHEREAS, the City wants to utilizes consultant services for projects relating to utilize consultant services for projects and tasks relating to solid waste and recycling legislation, meeting the circular economy and waste diversion-related goals specified in the City’s Climate Action Plan, and management of the City’s franchise agreements for solid waste, mixed recyclables, and organics collection (the “Services”); and WHEREAS, Consultant is qualified to perform this type of Services and has submitted a written proposal to do so, which has been accepted by City; and NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the Parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above with a duration of five (5) years. 2. INCORPORATION BY REFERENCE. The City Request for Qualifications for on-call services and Consultant's proposal dated [______] are hereby incorporated in and made a part of this Agreement, attached as Exhibit A. The City’s insurance requirements are hereby incorporated in and made part of this Agreement, attached as Exhibit B. To the extent that there are any conflicts between the Consultant’s fees and scope of work and the City’s terms and conditions as stated herein, the City’s terms and conditions shall prevail unless specifically agreed otherwise in writing signed by both Parties. 3. CITY’S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefor compensation in accordance with the Consultant’s submitted rates in the RFQ. 4. CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and agreements herein before mentioned to be made and performed by City, Consultant agrees with City to do everything required by this Agreement including that work as set forth in Exhibit A. 5. PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that Consultant is required to pay. 6. LICENSES AND PERMITS. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the Services described in this Agreement. The Consultant shall procure all permits and licenses, pay all charges and fees, and give all notices necessary under this Agreement. 7. COMPLIANCE WITH LAW. The Consultant shall keep itself informed of and shall observe and comply with all applicable State and Federal laws and regulations, and county and City of San Luis Obispo ordinances, regulations and adopted codes, which in any manner affect those employe d by Consultant or in any way affect the performance of the Services pursuant to this Agreement. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement. 8. COMPLIANCE WITH INDUSTRY STANDARD. Consultant shall provide services acceptable to City in strict conformance with the Agreement. Consultant shall also provide in accordance with the standards customarily called for under this Agreement using the degree of care and skill ordinarily exercised by reputable providers of such services. Where approval by the City, the City Manager, the Mayor, or other representative of City is required, it is understood to be general approval only and does not relieve Consultant of responsibility for complying with all applicable laws, codes, policies, regulations, and good business practices. 9. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 10. PRESERVATION OF CITY PROPERTY. The Consultant shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from Consultant’s operations, it shall be replaced or restored at Consult ant’s expense. The City’s facilities shall be replaced or restored to a condition as good as when the Consultant began the work. 11. IMMIGRATION ACT OF 1986. The Consultant warrants on behalf of itself and all subconsultants engaged for the performance of the Services that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the Services hereunder. 12. NON-DISCRIMINATION. In the performance of the Services, the Consultant agrees that it will not engage in, nor permit such subconsultants as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 13. PAYMENT TERMS. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Consultant (Net 30). Consultant will submit invoices monthly for actual services p erformed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Final June invoices shall be received no later than the 5th business day of July to meet City fiscal year-end deadlines. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice, therefore. 14. INSPECTION. City shall at all times have the right to inspect the work being done under this Agreement and Consultant shall furnish City with every reasonable opportunity and assistance required for City to ascertain that the Services of the Consultant are being performed in accordance with the requirements and intentions of this Agreement. All work done, and all materials furnished, if any, shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations under the Agreement. 15. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not, without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the City of such Discovery. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration , or administrative proceeding and is averse to Consultant in such proceeding, Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to Discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 16. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of the Services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services under this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the Services under this Agreement. 17. INDEMNIFICATION AND DEFENSE. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s passive negligence, except for such loss or damage arising from the sole or active negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. 18. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least thirty (30) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 14. 19. TERMINATION FOR CAUSE. If, during the term of the Agreement, the City determines the Consultant is not faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure to perform. This notice must give the Consultant a ten (10) calendar day notice of time thereafter in which to perform said work or cure the deficiency. a. If the Consultant has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a breach of the Agreement and the City may terminate the Agreement immediately by written notice to the Consultant to said effect (“Notice of Termination”). Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the Agreement except to comply with the obligations upon termination. b. In said event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in the Agreement payment schedule; compensation for any other work or services performed or provided by the Consultant shall be based solely on the City’s assessment of the value of the work-in-progress in completing the overall scope. c. The City reserves the right to delay such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the not to exceed amount shown in this Agreement. 20. INSURANCE. Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and made part of this Agreement. 21. BUSINESS LICENSE & TAX. The Consultant must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 781-7134. 22. SAFETY PROVISIONS. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 23. PUBLIC AND EMPLOYEE SAFETY. Whenever the Consultant operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 24. UNDUE INFLUENCE. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 25. ASSIGNMENT. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. a. As required above, before retaining or contracting with any subconsultant for any services under this Agreement, City must consent to such assignment of performance in writing. For City to evaluate such proposed assignment, Consultant shall provide City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant, which shall include an indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from City for such insurance. 26. AMENDMENT. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the appropriate review authority according to the City’s Financial Management Manual. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized by the City in advance and in writing. 27. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete Agreement between the Parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral Agreement, understanding, or representation be binding upon the Parties hereto. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. NOTICE. All notices to the Parties hereto under this Agreement shall be in writing and shall be sent either by (i) personal service, (ii) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) United States Mail, certified, postage prepaid, return receipt requested. All such notices shall be delivered to the addressee or addressed as set forth below: To City: [DEPT] City of San Luis Obispo [ADDRESS] To Consultant: Name Mailing Address 29. GOVERNING LAW. Any action arising out of this Agreement shall be brought in the Superior Court of San Luis Obispo County, California, regardless of where else venue may lie. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the Parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. 30. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed the day and year first above written. CITY CONSULTANT _______________________________ By: _______________________________ By: APPROVED AS TO FORM: _______________________________ By: J. Christine Dietrick, City Attorney EXHIBIT B: INSURANCE REQUIREMENTS Insurance Requirements – Standard Professional Services The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit of $2,000,000. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.