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.
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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.
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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:
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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.
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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
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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
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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.
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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:
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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
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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.
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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,
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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.
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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.
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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.
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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
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Director, Office of Sustainability
Purchasing Agent or Authorized Designee
Job Title (please print)
County of San Mateo
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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.
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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.
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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
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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.
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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).
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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
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