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HomeMy WebLinkAboutReso - CC - 011-2024DocuSign Envelope ID: 022A6316-B6B1-4ED6-86E2-E3E109A64BA5 RESOLUTION NO. 011-2024 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BURLINGAME, THE CITY OF ATHERTON, CITY OF BRISBANE, CITY OF COLMA, CITY OF EAST PALO ALTO, CITY OF HALF MOON BAY, CITY OF HILLSBOROUGH, CITY OF MENLO PARK, CITY OF MILLBRAE, CITY OF PACIFICA, CITY OF SAN CARLOS, CITY OF SOUTH SAN FRANCISCO, TOWN OF WOODSIDE, CITY OF SAN MATEO, CITY OF REDWOOD CITY, AND THE COUNTY OF SAN MATEO TO DEVELOP A COMPOST QUALITY IMPROVEMENT CAMPAIGN WHEREAS, the City of Burlingame is implementing the mandates of SB 1383 regulations to reduce landfill waste and greenhouse gas emissions; and WHEREAS, SB 1383 mandates that jurisdictions procure thousands of tons of recovered organic waste products such as compost annually; and WHEREAS, San Mateo County is managing compost procurement on behalf of the cities in the county and has found that municipal organic waste collection programs are the most accessible and affordable compost for procurement; and WHEREAS, such compost is contaminated with plastic, glass, and other material that limit use of the product; and WHEREAS, the County and the cities in the county have each received funding from CalRecycle under the SB 1383 Local Assistance Grant Program and have collaboratively decided to use a portion of their funding for a Compost Quality Improvement Outreach campaign to improve the quality of the compost produced from municipal organic waste collection programs; and WHEREAS, the County is leading the procurement and shall oversee a Memorandum of Understanding with the cities to manage, administer, and make all final approvals regarding the Compost Quality Improvement Outreach campaign and execute an agreement with the qualified Contractor selected through a competitive bid process to implement the campaign. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The City Council hereby authorizes the City Manager to enter into a MOU, in the form attached hereto, with San Mateo County and the other participating Cities. DocuSign Envelope ID: 022A6316-B6B1-4ED6-86E2-E3E109A64BA5 IL/ iy% Donna Colson, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 16th day of January, 2024, and was adopted thereafter by the following vote: AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE Meaghan Hassel -Shearer, City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATHERTON, CITY OF BRISBANE, CITY OF BURLINGAME, TOWN OF COLMA, CITY OF EAST PALO ALTO, CITY OF HALF MOON BAY, CITY OF HILLSBOROUGH, CITY OF MENLO PARK, CITY OF MILLBRAE, CITY OF PACIFICA, CITY OF SAN CARLOS, CITY OF SOUTH SAN FRANCISCO, TOWN OF WOODSIDE, CITY OF SAN MATEO, CITY OF REDWOOD CITY, AND THE COUNTY OF SAN MATEO TO DEVELOP A COMPOST QUALITY IMPROVEMENT CAMPAIGN THIS MEMORANDUM OF UNDERSTANDING (MOU), entered into as of the date by which all parties have executed the agreement, by and between the County of San Mateo, hereinafter called "the County" and the City of Atherton, City of Brisbane, City of Burlingame, Town of Colma, City of East Palo Alto, City of Half Moon Bay, City of Hillsborough, City of Menlo Park, City of Millbrae, City of Pacifica, City of San Carlos, City of South San Francisco, Town of Woodside, City of San Mateo, and the City of Redwood City, hereinafter called "the Jurisdictions"; WITNESSETH: WHEREAS, the County and the Jurisdictions are implementing the mandates of the California Code of Regulations, Title 14, Division 7, Chapter 12 Short -Lived Climate Pollutants (SB 1383); and WHEREAS, SB 1383 mandates the County and Jurisdictions collectively procure thousands of tons of recovered organic waste products such as compost annually; and WHEREAS, the compost produced from the County's and Jurisdictions' residential and commercial organic waste collection programs is the most accessible and affordable for the County and Jurisdictions to procure in order to meet the SB 1383 procurement mandate; and WHEREAS, the compost produced from the County's and Jurisdictions' residential and commercial organic waste collection programs is contaminated with plastic, glass, and other material, limiting the County's and Jurisdictions' potential use of this product; and WHEREAS, the County and Jurisdictions have each received grant funding from the California Department of Resources Recycling and Recovery (CalRecycle) under the SB 1383 Local Assistance Grant Program and wish to use a portion of this funding to develop the approach and materials for their own compost quality improvement outreach campaign that will improve the quality of compost produced from organics waste collection programs in place across the county by educating residents about the importance and proper use of organics waste collection programs; and WHEREAS, to efficiently execute this grant project and support the development of regionally consistent outreach materials, the County and the Jurisdictions are pooling their grant funds to, as a group, develop an outreach campaign approach and template materials, which can then be tailored and deployed as needed by each jurisdiction; and WHEREAS, the County has offered to lead a competitive procurement to identify a contractor to develop a compost quality improvement campaign approach and template materials, execute an agreement with the identified contractor, and oversee the work of this contractor to efficiently execute this project on behalf of the Jurisdictions, and WHEREAS, the County will contribute $29,117.67 towards the project and the Jurisdictions have agreed to contribute a combined total of $144,317.33 of their SB 1383 Local Assistance Grant funds or other funds to the County, as outlined in Exhibit A, towards the development of the compost quality improvement outreach campaign; and WHEREAS, the County completed the competitive bid process and identified the most qualified bidder, Gigantic Ideas Studio Inc. (Contractor), to develop the compost quality improvement outreach campaign and has executed an agreement with Contractor for this work as outlined in Exhibit B. NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. Services to be Performed by the County A. The County shall oversee, administer, manage, and make all final approvals regarding the agreement with Contractor and the completion of their deliverables as outlined in Exhibit B. B. No later than April 1, 2024, the County shall invoice each Jurisdiction for their contribution to the outreach campaign project. Each Jurisdictions' contribution is outlined in Exhibit A. C. The County shall provide information to Jurisdictions necessary to complete a SB 1383 Local Assistance Grant budget modification form by February 1, 2024. Submitting this request will not change the total amount of any Jurisdictions' contribution for the outreach campaign contract, and will not change Contractor's contract, total cost, or deliverables. Submitting this form to CalRecycle will reallocate all funds the Jurisdictions committed to this project to the "Education" expense category in the CalRecycle Grant Management System. This budget reallocation will simplify the Jurisdiction's grant expenditure reporting requirements. The budget reallocation approach has been preapproved by CalRecycle, however each jurisdiction must submit a SB 1383 Local Assistance Grant budget modification request to CalRecycle by March 1, 2024. D. The County shall provide the Jurisdictions guidance for including expenses for the outreach campaign project for the following SB 1383 Local Assistance Grant reports to CalRecycle required of all SB 1383 Local Assistance Grant grantees: a. Expenditure Itemized Summary #4 due May 23, 2024. b. Final Report due May 23, 2024. E. The County shall be responsible for all invoices that Contractor submits for this project after May 2, 2024, and through the end of the agreement with Contractor. 2 2. Tasks to be Completed by the Jurisdictions A. Jurisdictions shall participate in a working group facilitated by Contractor to support and provide input on the development of the compost quality improvement outreach campaign through the term of the agreement for the outreach campaign project as outlined in Exhibit B. B. Jurisdictions shall provide Contractor and their subcontractors information regarding their organic waste management systems, agreements, outreach, and contacts as requested by Contractor and their subcontractors to support the development of the compost quality improvement outreach campaign. C. Jurisdictions shall submit a SB 1383 Local Assistance Grant budget modification form to CalRecycle with information provided by the County by March 1, 2024. D. Jurisdictions shall process and pay in full all invoices submitted to them by the County for their contribution to this outreach campaign project no later than May 2, 2024. E. Each Jurisdiction shall be responsible for completing and submitting their own SB 1383 Local Assistance Grant reports to CalRecycle with information about this outreach campaign project consistent with the guidance provided by the County. F. Jurisdictions shall be responsible for returning to CalRecycle any of their SB 1383 Local Assistance Grant funds that are not spent by the Jurisdiction by May 2, 2024, the end of the SB 1383 Local Assistance Grant term. 3. Consideration The benefit of this MOU to the Jurisdictions is that it alleviates the need for staff, labor, administration, and record keeping necessary to carry out a project they have received grant funding for from CalRecycle through the SB 1383 Local Assistance Grant program. The benefit of this MOU to both the County and the Jurisdictions is that this approach will create one uniform, standardized, and coordinated messaging campaign throughout San Mateo County to improve the quality of compost the County and Jurisdictions may procure to comply with their SB 1383 procurement mandates. 4. Relationship of Parties It is expressly understood that this is an agreement between the independent entities, the County and the Jurisdictions, and that no individual agency, employee, partnership, joint venture, or other relationship is established by this MOU. The intent by both the County and the Jurisdictions is to create an independent collaborative relationship. 5. Hold Harmless A. Except as provided in subsection B. below, the Jurisdictions shall indemnify and save harmless the County and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Memorandum of Understanding, brought for, or on account of, any of the following: a) Injuries to or death of any person, including the Jurisdictions or their employees/officers/agents; b) Damage to any property of any kind whatsoever and to whomsoever belonging; or c) Any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of the County and/or its officers, agents, employees, or servants. However, the Jurisdictions' duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which the County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty of the Jurisdictions to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code. B. A party seeking indemnity and defense under this section shall provide the indemnifying and defending party with prompt notice of any claim and give control of its defense and settlement to the indemnifying and defending party. The party seeking indemnity and defense shall also cooperate in all reasonable respects with the indemnifying and defending party, its insurance company, and its legal counsel in its defense of such claim. The obligation to defend and indemnify pursuant to this section shall not cover any claim in which there is a failure to give the indemnifying and defending party prompt notice, but only to the extent that such lack of notice prejudices the defense of the claim. The indemnifying and defending party may not settle any potential suit hereunder without the other party's prior written approval, which will not to be unreasonably withheld, conditioned, or delayed. If a party who owes indemnity and defense under this section fails to promptly indemnify and defend a covered claim, the other party shall have the right to defend itself, and in such case, the party owning indemnity and defense shall promptly reimburse the other party for all of its associated costs and expenses. C. The obligations imposed by this section shall survive termination or expiration of the Memorandum of Understanding. 6. Amendment of MOU and Merger Clause This MOU constitutes the sole MOU of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. In the event that any term, condition, provision, requirement or specification set forth in this body of the MOU conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any exhibit and/or attachment to this MOU, the provisions of this body of the MOU shall prevail. Any prior MOU, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and will become effective when signed by all parties. 4 7. Records The County shall maintain and preserve all records relating to this MOU in its possession and those of any third -party performing work related to this MOU for a period of five (5) years from the termination of this MOU. 8. Assignability The County shall have the right to assign this MOU or any portion thereof to a third party or subcontract with a third party to perform any act work required under this MOU without the prior written consent of the Jurisdictions. 9. Notices Any written notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited with the United States Postal Service, postage prepaid, or when transmitted by email communication, addressed: In the case of the County, to: Carolyn Bloede, Director County of San Mateo Office of Sustainability 455 County Center, 4th Floor Redwood City, CA 94065 Email: cbloedeksmc og v.org In the case of the City of Atherton, to: George Rodericks, City Manager Town of Atherton 80 Fair Oaks Lane Atherton, CA 94027 Email: arodericksnci.atherton.ca.us In the case of the City of Brisbane, to: Clayton L. Holstine, Director of Public Works/City Engineer City of Brisbane 50 Park Place Brisbane, CA 94005 Email: cityen_ig neer&brisbaneca.org In the case of the City of Burlingame, to: Lisa K. Goldman, City Manager City of Burlingame 501 Primrose Road Burlingame, CA 94401 Email: lgoldmankburlin _ ag me.org In the case of the Town of Colma, to: Daniel Barros, Town Manager Town of Colma 1198 El Camino, CA 94404 Email: citymanagergcolma.ca.gov In the case of the City of East Palo Alto, to: Melvin Gaines, City Manager City of East Palo Alto 2415 University Avenue, CA 94303 Email: m ag ines&cityofepa org or cmoffice&cityofepa org In the case of the City of Half Moon Bay, to: Matthew Chidester, City Manager City of Half Moon Bay 501 Main Street Half Moon Bay, CA 94019 Email: MChidester(c�r�,hmbcity.com In the case of the City of Hillsborough, to: Doug Davis, City Manager Town of Hillsborough 1600 Floribunda Avenue Hillsborough, CA 94010 Email: citymanagerghillsborough net In the case of the City of Menlo Park, to: Justin Ian Conrad Murphy, City Manager City of Menlo Park 701 Laurel St Menlo Park, CA 94025 Email: JICMurphygmenlopark.gov In the case of the City of Millbrae, to: Tom Williams, City Manager City of Millbrae 621 Magnolia Ave. Millbrae, CA 94030 6 Email: twilliams&ci.millbrae.ca.us In the case of the City of Pacifica, to: Kevin Woodhouse, City Manager City of Pacifica 170 Santa Maria Avenue Pacifica, CA 94044 Email: woodhousek&ci.pacifica.ca.us in the case of the City of San Carlos, to: Jeff Maltbie, City Manager City of San Carlos 600 Elm Street San Carlos, CA 94070 Email: jmaltbie(c�r�,cityofsancarlos.org In the case of the City of South San Francisco, to: Sharon Ranals, City Manager City of South San Francisco 550 North Canal Street South San Francisco, CA 94080 Email: sharon.ranals(a),ssf.net In the case of the Town of Woodside, to: Kevin Bryant, Town Manager Town of Woodside P.O. Box 620005 2955 Woodside Road Woodside, CA 94062 Email: kbryant&woodsidetown.org In the case of the City of San Mateo, to: Brad Underwood, Public Works Director City of San Mateo 330 W. 201h Avenue San Mateo, CA 94403 Email: bunderwood(d),cityofsanmateo.org In the case of the City of Redwood City, to: 7 Melissa Stevenson Diaz, City Manager City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 Email: mdiazgredwoodcity.org 10. Controlling Law and Venue The validity of this MOU, the interpretation of its terms and conditions, and the performance of the parties hereto shall be governed by the laws of the State of California. Any action brought to enforce this action must be brought in the Superior Court of California in and for the County of San Mateo. 11. Term and Termination Subject to compliance with the terms and conditions of the MOU, the term of this MOU shall commence on the date of full execution of this MOU. The parties agree that time is of the essence in executing this MOU. Each party shall execute this MOU no later than January 31, 2024. The term of this MOU shall extend through July 30, 2024. This MOU may be terminated without cause by the Jurisdictions or the County's Director of Office of Sustainability or the Director's designee at any time upon thirty (30) days written notice to the other parties. 12. Authority The parties warrant that the signatories to the MOU have the authority to bind their respective entities. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands. COUNTY OF SAN MATEO Date: Carolyn Bloede Director, Office of Sustainability This space is intentionally left blank. TOWN OF ATHERTON Date: George Rodericks City Manager, Town of Atherton This space is intentionally left blank. CITY OF BRISBANE Date: Clayton L. Holstine City Manager, City of Brisbane This space is intentionally left blank. 10 CITY OF BURLINGAME By: Date: Lisa K. Goldman City Manager, City of Burlingame This space is intentionally left blank. 11 TOWN OF COLMA Date: Daniel Barros City Manager, Town of Colma This space is intentionally left blank. 12 CITY OF EAST PALO ALTO Date: Melvin Gaines City Manager, City of East Palo Alto This space is intentionally left blank. 13 CITY OF HALF MOON BAY Date: Matthew Chidester City Manager, City of Half Moon Bay This space is intentionally left blank. 14 CITY OF HILLSBOROUGH By: Date: Doug Davis City Manager, City of Hillsborough This space is intentionally left blank. 15 CITY OF MENLO PARK By: Date: Justin Ian Conrad Murphy City Manager, City of Menlo Park This space is intentionally left blank. 16 CITY OF MILLBRAE Date: Tom Williams City Manager, City of Millbrae This space is intentionally left blank. 17 CITY OF PACIFICA Date: Kevin Woodhouse City Manager, City of Pacifica This space is intentionally left blank. 18 CITY OF SAN CARLOS Date: Jeff Maltbie City Manager, City of San Carlos This space is intentionally left blank. 19 CITY OF SOUTH SAN FRANCISCO By: Date: Sharon Ranals City Manager, City of South San Francisco This space is intentionally left blank. 20 TOWN OF WOODSIDE Date: Kevin Bryant Town Manager, Town of Woodside This space is intentionally left blank. 21 CITY OF SAN MATEO Date: Alex Khojikian City Manager, City of San Mateo This space is intentionally left blank. 22 CITY OF REDWOOD CITY Date: Melissa Stevenson Diaz City Manager, City of Redwood City This space is intentionally left blank. 23 Exhibit A — Jurisdiction Compost Campaign Contributions Schedule In accordance with the terms outlined in this MOU, the following table outlines the total funding each Jurisdiction and the County shall contribute to the development of the Compost Quality Improvement Campaign approach and base materials. The County shall not invoice jurisdictions for compost campaign project costs in an amount that exceeds those listed in the table below. The figures listed in the table below also represent the total amount of funding each Jurisdiction received for the outreach campaign project from the CalRecycle SB 1383 Local Assistance Grant. The County shall invoice Jurisdictions for their total contribution for the outreach campaign project no later than April 1, 2024. The Jurisdictions shall process and pay in full all invoices submitted to them by the County for this outreach campaign project no later than May 2, 2024. Jurisdiction Funding Contributed City of Atherton $4,000.00 City of Brisbane $10,000.00 City of Burlingame $8,000.00 Town of Colma $3,000.00 City of East Palo Alto $20,694.00 City of Half Moon Bay $3,252.06 City of Hillsborough $13,029.27 City of Menlo Park $2,000.00 City of Millbrae $10,000.00 City of Pacifica $5,000.00 City of San Carlos $21,842.00 City of South San Francisco $16,000.00 Town of Woodside $2,500.00 City of San Mateo $20,000.00 City of Redwood City $5,000.00 County of San Mateo $29,117.67 TOTAL $173,435.00 24 Exhibit B — Agreement between the County of San Mateo and Gigantic Idea Studio, Inc. Agreement No. 40000-24-D001 AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND GIGANTIC IDEA STUDIO, INC. This Agreement is entered into this 14`h day of August, 2023 by and between the County of San Mateo, a political subdivision of the state of California, hereinafter called "County," and Gigantic Idea Studio, Inc., hereinafter called "Contractor." Whereas, pursuant to Section 31000 of the California Government Code, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof, and Whereas, it is necessary and desirable that Contractor be retained for the purpose of developing a Compost Quality Improvement Outreach and Education Campaign ("Campaign") in order to support Jurisdictions' compliance with the procurement requirements of California Senate Bill 1383 Regulations. Now, therefore, it is agreed by the parties to this Agreement as follows: 1. Exhibits and Attachments The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference: Exhibit A —Services Exhibit B--Payments and Rates 2. Services to be performed by Contractor In consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform services for County in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A. 3, Payments In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit B_ County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. In no event shall County's total fiscal obligation under this Agreement exceed of One Hundred Seventy -Three Thousand Four Hundred and Thirty -Five Dollars ($173,435.00). In the event tat the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this agreement. 4, Term Subject to compliance with all terms and conditions, the term of this Agreement shall be from August 2023, through June 30, 2024. 4, Termination Lbalruu 1'emphae <5200,000 t/rrl' 2022 Page This Agreement may be terminated by Contractor or by the Office of Sustainability Director or his/her designee at any time without a requirement of good cause upon thirty (30) days' advance written notice to the other party. Subject to availability of funding, Contractor shall be entitled to receive payment for work/services provided prior to termination of the Agreement. Such payment shall be that prorated portion of the full payment determined by comparing the work/services actually completed to the work/services required by the Agreement. County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon the unavailability of Federal, State, or County funds by providing written notice to Contractor as soon as is reasonably possible after County learns of said unavailability of outside funding. County may terminate this Agreement for cause. In order to terminate for cause, County must first give Contractor notice of the alleged breach. Contractor shall have five business days after receipt of such notice to respond and a total of ten calendar days after receipt of such notice to cure the alleged breach. If Contractor fails to cure the breach within this period, County may immediately terminate this Agreement without further action. The option available in this paragraph is separate from the ability to terminate without cause with appropriate notice described above. In the event that County provides notice of an alleged breach pursuant to this section, County may, in extreme circumstances, immediately suspend performance of services and payment under this Agreement pending the resolution of the process described in this paragraph. County has sole discretion to determine what constitutes an extreme circumstance for purposes of this paragraph, and County shall use reasonable judgment in making that determination. 6. Contract Materials At the end of this Agreement, or in the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and other written materials (collectively referred to as "contract materials") prepared by Contractor under this Agreement shall become the property of County and shall be promptly delivered to County. Upon termination, Contractor may make and retain a copy of such contract materials if permitted by law. 7. Relationship of Parties Contractor agrees and understands that the work/services performed under this Agreement are performed as an independent contractor and not as an employee of County and that neither Contractor nor its employees acquire any of the rights, privileges, powers, or advantages of County employees. 8. Hold Harmless a. General Hold Harmless Contractor shall indemnify and save harmless County and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Contractor under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following: (A) injuries to or death of any person, including Contractor or its employees/officers/agents; (B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Contractor's failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Contract Template <$200,000 :Nay 2022 Page Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or (D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of County and/or its officers, agents, employees, or servants. However, Contractor's duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty of Contractor to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code. b. Intellectual Property Indemnification Contractor hereby certifies that it owns, controls, and/or licenses and retains all right, title, and/or interest in and to any intellectual property it uses in relation to this Agreement, including the design, look, feel, features, source code, content, and/or other technology relating to any part of the services it provides under this Agreement and including all related patents, inventions, trademarks, and copyrights, all applications therefor, and all trade names, service marks, know how, and trade secrets (collectively referred to as " IP Rights") except as otherwise noted by this Agreement. Contractor warrants that the services it provides under this Agreement do not infringe, violate, trespass, or constitute the unauthorized use or misappropriation of any EP Rights of any third party. Contractor shall defend, indemnify, and hold harmless County from and against all liabilities, costs, damages, losses, and expenses (including reasonable attorney fees) arising out of or related to any claim by a third party that the services provided under this Agreement infringe or violate any third-party's IP Rights provided any such right is enforceable in the United States. Contractor's duty to defend, indemnify, and hold harmless under this Section applies only provided that: (a) County notifies Contractor promptly in writing of any notice of any such third -party claim; (b) County cooperates with Contractor, at Contractor's expense, in all reasonable respects in connection with the investigation and defense of any such third -party claim; (c) Contractor retains sole control of the defense of any action on any such claim and all negotiations for its settlement or compromise (provided Contractor shall not have the right to settle any criminal action, suit, or proceeding without County's prior written consent, not to be unreasonably withheld, and provided further that any settlement permitted under this Section shall not impose any financial or other obligation on County, impair any right of County, or contain any stipulation, admission, or acknowledgement of wrongdoing on the part of County without County's prior written consent, not to be unreasonably withheld); and (d) should services under this Agreement become, or in Contractor's opinion be likely to become, the subject of such a claim, or in the event such a third party claim or threatened claim causes County's reasonable use of the services under this Agreement to be seriously endangered or disrupted, Contractor shall, at Contractor's option and expense, either: (i) procure for County the right to continue using the services without infringement or (ii) replace or modify the services so that they become non - infringing but remain functionally equivalent. Notwithstanding anything in this Section to the contrary, Contractor will have no obligation or liability to County under this Section to the extent any otherwise covered claim is based upon: (a) any aspects of the services under this Agreement which have been modified by or for County (other than modification performed by, or at the direction of, Contractor) in such a way as to cause the alleged infringement at issue; and/or (b) any aspects of the services under this Agreement which have been used by County in a manner prohibited by this Agreement. Contract Template <$200,000 :Nay 2022 Page The duty of Contractor to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code. 9. Assignability and Subcontracting Contractor shall not assign this Agreement or any portion of it to a third party or subcontract with a third party to provide services required by Contractor under this Agreement without the prior written consent of County. Any such assignment or subcontract without County's prior written consent shall give County the right to automatically and immediately terminate this Agreement without penalty or advance notice. 10. Insurance a. General Requirements Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved by County's Risk Management, and Contractor shall use diligence to obtain such insurance and to obtain such approval. Contractor shall furnish County with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Contractor's coverage to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to County of any pending change in the limits of liability or of any cancellation or modification of the policy. b. Workers' Compensation and Employer's Liability Insurance Contractor shall have in effect during the entire term of this Agreement workers' compensation and employer's liability insurance providing full statutory coverage. In signing this Agreement, Contractor certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and (b) it will comply with such provisions before commencing the performance of work under this Agreement. c. Liability Insurance Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance as shall protect Contractor and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Contractor's operations under this Agreement, whether such operations be by Contractor, any subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amounts specified below: Contract Template <$200.000 M,q 2022 (a) Comprehensive General Liability... $1,000,000 (b) Motor Vehicle Liability Insurance... $1,000,000 Page 4 County and its officers, agents, employees, and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to County and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the County or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only. In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, County, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work and payment pursuant to this Agreement. 11. Compliance With Laws All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, regulations, and executive orders, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance, as well as any required economic or other sanctions imposed by the United States government or under state law in effect during the term of the Agreement. Such services shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law, regulation, or executive order, the requirements of the applicable law, regulation, or executive order will take precedence over the requirements set forth in this Agreement. Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance. 12. Non -Discrimination and Other Reauirements a. General Non-discrimination No person shall be denied any services provided pursuant to this Agreement (except as limited by the scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer -related) military service, or genetic information. b. Equal Employment Opportunity Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Contractor's equal employment policies shall be made available to County upon request. c. Section 504 of the Rehabilitation Act of 1973 Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance Contract Template <g200.000 Mtq 2022 Page of any services this Agreement. This Section applies only to contractors who are providing services to members of the public under this Agreement. d. Compliance with County's Equal Benefits Ordinance Contractor shall comply with all laws relating to the provision of benefits to its employees and their spouses or domestic partners; including, but not limited to, such laws prohibiting discrimination in the provision of such benefits on the basis that the spouse or domestic partner of the Contractor's employee is of the same or opposite sex as the employee. e. Discrimination Against Individuals with Disabilities The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R. 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities. E History of Discrimination Contractor certifies that no finding of discrimination has been issued in the past 365 days against Contractor by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or any other investigative entity. If any finding(s) of discrimination have been issued against Contractor within the past 365 days by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or other investigative entity, Contractor shall provide County with a written explanation of the outcome(s) or remedy for the discrimination prior to execution of this Agreement. Failure to comply with this Section shall constitute a material breach of this Agreement and subjects the Agreement to immediate termination at the sole option of the County. g. Reporting; Violation of Non-discrimination Provisions Contractor shall report to the County Executive Officer the filing in any court or with any administrative agency of any complaint or allegation of discrimination on any of the bases prohibited by this Section of the Agreement or the Section titled "Compliance with Laws". Such duty shall include reporting of the filing of any and all charges with the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or any other entity charged with the investigation or adjudication of allegations covered by this subsection within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include a general description of the circumstances involved and a general description of the kind of discrimination alleged (for example, gender-, sexual orientation-, religion-, or race -based discrimination). Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Executive Officer, including but not limited to the following: i. termination of this Agreement; ii. disqualification of the Contractor from being considered for or being awarded a County contract for a period of up to 3 years; ill. liquidated damages of $2,500 per violation; and/or iv. imposition of other appropriate contractual and civil remedies and sanctions, as determined by the County Executive Officer. Contract Template <$200,000 May 2022 Page To effectuate the provisions of this Section, the County Executive shall have the authority to offset all or any portion of the amount described in this Section against amounts due to Contractor under this Agreement or any other agreement between Contractor and County. h. Compliance with Living Wage Ordinance As required by Chapter 2.88 of the San Mateo County Ordinance Code, Contractor certifies all contractor(s) and subcontractor(s) obligated under this contract shall fully comply with the provisions of the County of San Mateo Living Wage Ordinance, including, but not limited to, paying all Covered Employees the current Living Wage and providing notice to all Covered Employees and Subcontractors as required under the Ordinance. 13. Compliance with County Employee Jury Service Ordinance Contractor shall comply with Chapter 2.85 of the County's Ordinance Code, which states that Contractor shall have and adhere to a written policy providing that its employees, to the extent they are full-time employees and live in San Mateo County, shall receive from the Contractor, on an annual basis, no fewer than five days of regular pay for jury service in San Mateo County, with jury pay being provided only for each day of actual jury service. The policy may provide that such employees deposit any fees received for such jury service with Contractor or that the Contractor may deduct from an employee's regular pay the fees received for jury service in San Mateo County. By signing this Agreement, Contractor certifies that it has and adheres to a policy consistent with Chapter 2.85. For purposes of this Section, if Contractor has no employees in San Mateo County, it is sufficient for Contractor to provide the following written statement to County: "For purposes of San Mateo County's jury service ordinance, Contractor certifies that it has no full-time employees who live in San Mateo County. To the extent that it hires any such employees during the term of its Agreement with San Mateo County, Contractor shall adopt a policy that complies with Chapter 2.85 of the County's Ordinance Code." The requirements of Chapter 2.85 do not apply unless this Agreement's total value listed in the Section titled "Payments", exceeds two - hundred thousand dollars ($200,000); Contractor acknowledges that Chapter 2.85's requirements will apply if this Agreement is amended such that its total value exceeds that threshold amount. 14. Retention of Records; Rieht to Monitor and Audit (a) Contractor shall maintain all required records relating to services provided under this Agreement for three (3) years after County makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by County, a Federal grantor agency, and the State of California. (b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by County. (c) Contractor agrees upon reasonable notice to provide to County, to any Federal or State department having monitoring or review authority, to County's authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed. 15. Mereer Clause; Amendments This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document's date. In the event that any term, condition, Contract Template <5200,000 qv 2022 Page provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties. 16. Controlling Law; Venue The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California. 17. Notices Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt. In the case of County, to: Name/Title: Chris Slafter/ Senior Sustainability Specialist Address: 455 County Center, Redwood City, 94063 Telephone: (415) 235-1356 Email: cslafter@smcgov.org In the case of Contractor, to: Name/Title: Lisa Duba, President Address: 580 2nd Street, Suite 230, Oakland California, 94607 Telephone: 510-451-5500 x303 Facsimile: 510-451-5502 Email: lisa@gigantic-idea.com 18. Electronic Signature Both County and Contractor wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with California law and County's Electronic Signature Administrative Memo. Any party to this Agreement may revoke such agreement to permit electronic signatures at any time in relation to all future documents by providing notice pursuant to this Agreement. 19. Reimbursable Travel Expenses To the extent that this Agreement authorizes reimbursements to Contractor for travel, lodging, and other related expenses as defined in this section, the Contractor must comply with all the terms of this section in order to be reimbursed for travel. Contract Template <5200.000 :Nay 2022 Page 8 a. Estimated travel expenses must be submitted to authorized County personnel for advanced written authorization before such expenses are incurred. Significant differences between estimated and actual travel expenses may be grounds for denial of full reimbursement of actual travel expenses. b. Itemized receipts (copies accepted) for all reimbursable travel expenses are required to be provided as supporting documentation with all invoices submitted to the County. c. Unless otherwise specified in this section, the County will reimburse Contractor for reimbursable travel expenses for days when services were provided to the County. Contractor must substantiate in writing to the County the actual services rendered and the specific dates. The County will reimburse for travel at 75% of the maximum reimbursement amount for the actual costs of meals and incidental expenses on the day preceding and/or the day following days when services were provided to the County, provided that such reimbursement is reasonable, in light of travel time and other relevant factors, and is approved in writing by authorized County personnel. d. Unless otherwise specified within the contract, reimbursable travel expenses shall not include Local Travel. "Local Travel" means travel entirely within a fifty -mile radius of the Contractor's office and travel entirely within a fifty -mile radius of San Mateo County. Any mileage reimbursements for a Contractor's use of a personal car for reimbursable travel shall be reimbursed based on the Federal mileage reimbursement rate. e. The maximum reimbursement amount for the actual lodging, meal and incidental expenses is limited to the then -current Continental United States ("CONUS") rate for the location of the work being done (i.e., Redwood City for work done in Redwood City, San Mateo for work done at San Mateo Medical Center) as set forth in the Code of Federal Regulations and as listed by the website of the U.S. General Services Administration (available online at http://www.gsa.gov/portal/content/104877 or by searching www.gsa.gov for the term `CONUS'). County policy limits the reimbursement of lodging in designated high cost of living metropolitan areas to a maximum of double the then -current CONUS rate; for work being done outside of a designated high cost of living metropolitan area, the maximum reimbursement amount for lodging is the then -current CONUS rate. f. The maximum reimbursement amount for the actual cost of airfare shall be limited to fares for Economy Class or below. Air travel fares will not be reimbursed for first class, business class, "economy - plus," or other such classes. Reimbursable car rental rates are restricted to the mid -level size range or below (i.e. standard size, intermediate, compact, or subcompact); costs for specialty, luxury, premium, SUV, or similar category vehicles are not reimbursable. Reimbursable ride -shares are restricted to standard or basic size vehicles (i.e., non -premium vehicles unless it results in a cost -saving to the County). Exceptions may be allowed under certain circumstances, such as unavailability of the foregoing options, with written approval from authorized County personnel. Other related travel expenses such as taxi fares, ride -shares, parking costs, train or subway costs, etc. shall be reimbursable on an actual -cost basis. Reimbursement of tips for taxi fare, or ride -share are limited to no more than 15% of the fare amount. g. Travel -related expenses are limited to: airfare, lodging, car rental, taxi/ride-share plus rips, tolls, incidentals (e.g. porters, baggage carriers or hotel staff), breakfast, lunch, dinner, mileage reimbursement based on Federal reimbursement rate. The County will not reimburse for alcohol. Contract Template <b200,000 :Nay 2022 Page 9 h. Reimbursement of tips are limited to no more than 15 percent. Non -reimbursement items (i.e., alcohol) shall be excluded when calculating the amount of the tip that is reimbursable. Contract Template <5200,000 Ah v 2022 Page 10 THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES. NO WORK WILL COMMENCE UNTIL THIS DOCUMENT HAS BEEN SIGNED BY THE COUNTY PURCHASING AGENT OR AUTHORIZED DESIGNEE. For Contractor: Contractor Signature For County: 8/4/2023 Date Lisa Duba, President Contractor Name (please print) Carol rl Digitally signed by Y Carolyn Bloede Bloede Date:2023.08.15 10:40:53-07'00' Date Carolyn Bloede Purchasing Agent Signature = Purchasing Agent Name (please print) (Department Head or (Department Head or Authorized Designee) Authorized Designee) County of San Mateo County of San Mateo ('extract Template <$200,000 Atty 2022 Director, Office of Sustainability Purchasing Agent or Authorized Designee Job Title (please print) County of San Mateo Page 11 Exhibit A Background In September 2016, California Senate Bill 1383 (Zara, Chapter 395, Statutes of 2016), also known as SB 1383, established statewide emissions reduction targets for the short-lived climate pollutant methane, a powerful greenhouse gas, which results from the landfilling of organic material (food scraps, yard trimmings, paper products, etc.). SB 1383 seeks to reach these emissions reduction targets by requiring the State to reduce the amount of organic material disposed of in landfills by 75 percent by 2025. Achieving this goal will require the recycling of millions of tons of organic material into projects such as compost each year. In anticipation of a boom in the production of recycled organic waste products, the State included new procurement mandates in the SB 1383 regulations, requiring cities and counties in California to procure thousands of tons of recycled products such as compost each year. In total, the Jurisdictions of the San Mateo County will need to procure and find a use for as much as 35,000 tons of compost every year to comply with the new State mandates. Compost derived from municipal organic waste recycling programs is both the most accessible and affordable compost product available for the County and Jurisdictions to procure. However, this compost has significant plastics, glass, and metals contamination, limiting its uses. Unless contamination in this compost is managed it will not be a viable option for the County and Jurisdictions to meet our SB 1383 mandates, leading to higher costs for compliance. The most effective way of preventing contamination in compost is to improve the quality of feedstocks provided to composting facilities. For municipally derived composts, this requires residents and commercial businesses to properly sort the material they feed into their local organic waste recycling collection programs. The purpose of this agreement is to develop a countywide compost quality improvement campaign that educates and inspires San Mateo County businesses and residents to eliminate contamination from the organic waste recycling stream and ultimately improve the quality of compost available for the County and Jurisdictions to procure to comply with SB 1383 mandates. In consideration of the payments set forth in Exhibit B, Contractor shall provide the following services for the purposes of creating a model public outreach campaign that can be implemented by the County's various jurisdictions and with the County as the sole approving entity: Task 1. Convene and Facilitate a Campaign Development Work Group throughout the Project Contractor will: 1. Identify the stakeholders for organic waste recycling and composting programs throughout San Mateo County (SMC) and convene a work group of identified stakeholders to provide background information on organic waste disposal programs currently in place throughout the county and to provide input on the deliverables outlined in Tasks 2 through 6. The work group may include representatives from participating jurisdictions, haulers, composting facilities, non- governmental organizations, SB 1383 regulated entities, and other relevant entities servicing SMC. The County places special emphasis on having representatives from composting facilities and communications staff from participating jurisdictions and will approve the final composition of stakeholders included in the work group. Contract Template «200,000 :Play 2022 Page 12 2. Coordinate and facilitate (online) work group meetings. Meetings will be between 1-2 hours in length and should accomplish the following tasks: a. Set goals and identify/receive available data sources from stakeholders in order to conduct initial project research. Discuss stakeholder thoughts and experiences with compost contamination challenges and what may be key challenges and audiences. b. Provide feedback on deliverables from Task 2, including selection of campaign audience. c. Provide feedback on deliverables from Task 3, including selection of campaign idea. d. Provide feedback on deliverables from Task 4. e. Provide training on implementation of the campaign toolkit and its use. Deliverables List of stakeholders. Meeting Agendas and minutes that detail discussion and action items. Task 2: Conduct Initial Project Research (Aug -Sep 2023) Contractor will use secondary research (existing waste audits, contamination data, surveys, campaign reports, demographic information) and stakeholder interviews to: 1. Identify challenges in SMC leading to organic waste recycling stream contamination. 2. Identify current contamination reduction education and outreach efforts taking place throughout SMC. 3. Identify outreach campaign strategies used outside of SMC to manage organic waste recycling stream contamination; and other unique or relevant findings from outreach campaigns not focused on organic waste recycling contamination minimization. 4. Identify key performance indicators, such as operational metrics to measure organic waste stream contamination reductions. 5. Identify most common contaminates in residential commercial, multi -family, school, and other sector's organic waste recycling stream. 6. Identify contamination minimization desired behavior changes that should be targeted 7. Identify key audience(s) where behavior change(s) may have the most impact in reducing contamination, and which have highest probability for change. 8. Identify various local and countywide communication channels, tools, and resources. 9. Identify opportunities where countywide messaging can enhance local outreach efforts already taking place, or fill gaps where outreach is not happening. 10. Identify gaps in knowledge of the key audiences that should be addressed in Task 3 and create a research plan, if needed. 11. Incorporate feedback from working group and facilitate stakeholder group decision process to choose one audience for an initial campaign. This decision will be made in consultation and with the approval of the County. Deliverable: 1. Report and presentation outlining findings from Task 2, as outlined above. A copy of this report will be delivered by Contractor to all identified stakeholders for review discussion, and to the County for approval as a complete deliverable for this task. Contract Template <$200,000 Slay 2022 Page 13 Task 3: Conduct Research to Identify Barriers/Benefits and Design Strategy (Oct 2023-Jan 2024) 1. If no relevant research exists, conduct research (observations, qualitative, and/or quantitative) within the specified budget to help identify barriers to behavior change(s) in one target audience, as discussed by the stakeholder group and approved by the County, in order to understand root causes of contamination. Research should aim to include representatives from key audience in each participating jurisdiction with a range of ethnicities, ages, and income levels. Research should be carried out in appropriate languages for key audience. 2. Determine most effective behavior change strategy(ies) and tool(s) that will best help address barriers. 3. Develop a draft messaging framework to guide a countywide communications strategy for the chosen audience to minimize contamination. The messaging framework may include awareness messaging (communicating about the "problem"), persuasion messaging (why there is need for change) and specific behavioral instructional messaging (how things should be done differently). 4. Generate sample communication campaign ideas including the best source(s) of messaging. Make a recommendation to the County for one outreach campaign for one audience that Contractor will develop materials for review and approval 5. Incorporate feedback from working group and adjust as necessary. Deliverables 1. Draft campaign strategy, messaging framework, and campaign tactics from Task 3, as outlined above. A copy of all materials will be delivered by Contractor to all identified stakeholders for review and discussion. 2. A document that outlines research methods taken and summary of results, including detailed information of participants demographic information if possible. Task 4. Campaign Design and Pilot Campaign or Testing (Feb 2024-April 2024) Upon selection and approval of a campaign strategy and messages, contractor will: 1. Develop campaign materials, which may include print and digital assets such as cart tags, advertisements, video, articles, etc. for the selected campaign from Task 3. 2. Create a rollout timeline for the campaign. 3. Design a pilot campaign or other evaluation method, such as focus groups, to test sample messages and/or strategies. 4. Conduct a pilot campaign or use focus groups to measure potential effectiveness of the messaging on targeted behavior change(s) with test groups. 5. Measure and track the campaign implementation costs associated with changing behaviors to inform investment needed to achieve desired outcomes. 6. Revise campaign strategy or materials as needed according to results of pilot or test groups. 7. Develop final campaign materials, including implementation budget and sample timeline. 8. Incorporate feedback from working group, make adjustments and changes as necessary, seek final approval from County Deliverables 1. A presentation to the work group that includes purpose of campaign, campaign materials, results of pilot testing, expected results, key considerations, campaign implementation best Contract Template <$200,0#0 Miq 2022 Page 14 practices, and costs expected to meet desired outcomes from Task 4. A copy of all materials will be delivered by contractor to all identified stakeholders for review and discussion. 2. A document that outlines pilot testing methods taken and summary ofresults, including detailed information of participants demographic information if possible. Task 5. Customize Campaign and Trainings (May 2024-June 2024) Contractor will: Develop a final outreach campaign with recommendations for local implementation by each jurisdiction and organization represented in the work group. The campaign toolkit should include, but is not limited to: a. Campaign materials (media, press releases, social media posts, print copy, designs, images, branding, etc.) customized for communication channels. b. A guide explaining how each jurisdiction and organization represented in the work group can employ, repeat, or continue the Compost Quality Improvement Campaign independently after the term of this agreement. Guide shall include suggested rollout timeline and key considerations. c. Conduct trainings with communications staff to implement campaign. Deliverables l . Countywide campaign materials for jurisdictions/organizations. 2. Campaign implementation guide and trainings for jurisdictions and work group members, as outlined in the above tasks. The County expressly approves Contractor hiring R3 Consulting Group, Green Motivate, Engel Research Partners, InterEthnica and Together Pictures as subcontractors for the purposes of fulfilling this contract using funds provided in line with the terms listed in Exhibit B. Contract Template <g200,000 Vfay 2022 Page 15 Exhibit B In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, County shall pay Contractor based on the following fee schedule and terms: Payment Schedule: Contractor will submit first invoice on or around 09/30/2023. Contractor will submit second invoice on or around 12/31/2023. Contractor will submit third invoice on or around 03/31/24. Contractor will submit final invoice on or around 06/30/24. County shall pay within 30 days of approval of said invoices. Invoice documentation must be accompanied by a line -item accounting and description of monthly expenses and evidence of work performed, or costs incurred, including, but not limited to, timesheets, activity logs, copies of bills, and/or packing slips. Contractor shall include a written certification that the costs were actually incurred for the Project and that the supporting documentation is true, correct and complete. Contractor shall deliver invoices and supporting documentation to the County by email to Chris Slafter at cslafter(cbsmc ov.org and Jack Steinmann at jsteinmannO,smc ov.org. The County reserves the right to withhold payment on invoices until Contractor provides adequate supporting documents. The adequacy of supporting documentation is in the sole discretion of the County. All invoices must include: A. Company letterhead B. Current company address C. Agreement/Contract # D. Task order # (if applicable) E. Invoice # F. Invoice date G. Total cost H. Amount owing I. Amount previously billed J. Amount remaining on agreement Budgets are shown below for each task (for details of the tasks, please refer to Exhibit A — Services). Contract Template <S200.000 blay 2022 Page 16 Project Tasks Staff Title/ Hourly Rate Hours Labor Other Subtotal Expenditures Facilitation $150 20 $3,000 Project Manager $150 20 $3,000 Task 1. Convene Consultant—R3 a Campaign $170 12 $2,040 Development $9,360 Behavioral Work Group Strategist $165 8 $1,320 Project Manager $150 15 $2,250 Consultant — R3 Task 2: Conduct $170 45 $7,650 Initial Project $16,775 Research Director — R3 $240 10 $2,400 Managing Consultant — R3 $200 10 $2,000 Behavioral Strategist $165 15 $2,475 Project Director, Task 3. Barrier Design $150 60 9,000 and Benefit Research, Content Campaign and Messaging, $135 40 5,400 $45,300 Behavioral Strategy, and Strategist and Timeline Director of $165 60 $9,900 Research Engel Research $21,000 c ontrect lemplate Vlav 2022 Page 17 Project Director, Design $150 1 70 $10,500 $21,900 4. Task 4. Plan & Run Pilot or Test Behavioral Campaign Design Strategist, Pilot $165 80 $13,200 $75 600 with Focus Design ' Engel Research $30,000.00 Groups Partners: Testing Package Creative Director $150 15 $2,250 Project Director, Design $150 40 $6,000 Media & $140 5. Task 5. Community 25 $3,500 Finalize Relations Campaign Behavior $165 $26,400 Toolkit Strategist 10 $1,650 Creative $5,000 Expenses, TBD Translation, $8,000 Cultural Adaptation Expenditure Total $173,435 Contract Template <S200,000 iq 2022 Page 18