HomeMy WebLinkAboutAgr 2021-08-05 (R3 Consulting Mill Valley Refuse Service) AGREEMENT FOR PROFESSIONAL SERVICES
POR SB 1383 PLANNING AND INIPLEMENTATION ASSISTANCE
This Agreement is made and entered into this��C'► day of �" ��'j�- ��� , 2021, by
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and between the TOWN OF TIBURON (1lereinafter "TOWN"), and R3 CONSULTING GROUP,
INC. (hereinafter"CONTRACTOR").
RECITALS
WHEREAS, the Town of Tiburon, Town of Corte Madera, Ciry of Mill Valley, City of
Belvedere,Almonte Sanitaly District,Alto Sanitary District,Homestead Sanitary District,Strawberry
Recreation District,and the Counry of Marin(hereinafter"FRANCffiSORS")have similar fi•anchise
agreements with Mill Valley Refuse SeYvices; and
WHEREAS,the FRANCHISORS desire to utilize the services of the CONTRACTOR to
conduct SB 1383 planning work; and
WHEREAS, the TOWN has agreed to act as the contracting agency on behalf of the
FRANCHISORS; and
WHEREAS, tl�e FRANCHISORS entities (each a "Participating Entity" and collectively,
"the Participating Entities")have agreed that the cost of the analysis will be reimbursed by Zero Waste
Marin:
AGREEMENT
NOW,THEREFORE,the parties hereby agree as follows:
l. PROJECT COORDINATION
A. TOWN. The Town Manager shall be the representative of the TOWN for all
purposes under this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to
have overall responsibility for the progress and execution of this Agreeinent far CONTRACTOR.
Garth Schultz is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should
circumstances or conditions subsequent to the execution of this Agreement require a substihite
PROJECT DIRECTOR for any reason;the CONTRACTOR shall notify the TOWN within ten(10)
business days of the substitution.
2. DUTIES OF CONTRACTOR
CONTRACTOR shall perform the duties and/or provide services as described in
CONTRACTOR's Proposal for SB 1383 Planning and Implementation Assistance, dated March
31,2021, attached hereto as Exhibit "A" and incorporated l�erein.
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3. DUTIES OF TOWN
TOWN shall cooperate with CONTRACTOR in its performance under this agreement and
shall compensate CONTRACTOR as provided herein.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR,
CONTRACTOR shall be compensated on a time and materials basis as described in Exhibit"A"in
a total contract amount not to exceed$115,530 for SB 1383 planning and implementation assistance.
This a�nount does not include optional contract negotiations with Mill Valley Refuse Service.
It is understood and agreed by the parties that payinent of compensation hereunder for the SB 1383
Planning and Implementation Assistance project shall be made as follows: CONTRACTOR shall
submit monthly invoices to TOWN for review and approval, and TOWN shall remit payment on
each invoice directly to CONTRACTOR within thirty(30)of receipt thereof. TOWN shall foitivard
CONTRACTOR's approved invoices to Zero Waste Marin far reimbursement up to $115,530 far-
SB 1383 planning services in Fiscal Years 2021-22.
5. TERM OF AGREEMENT.
The term of this Agreement shall commence upon the date of execution of this Agreement
and shall end on June 30, 2022.
6. TERMINATION.
A. Discretionary. Either party inay tenninate this Agreement without cause upon thirry
(30) days wi•itten notice mailed or personally delivered to the other party.
B. Cause. Eithei-party may tertninate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party,and the notified parry's faihu-e to cure
or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice,
within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon terinination, any and all TOWN documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall be
delivered to TOWN as soon as possible,but not later than thirty(30) days after termination.
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7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of TOWN. TOWN
may use said property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDiT.
Upon reasonable notice, CONTRACTOR shall make available to TOWN, or its agent, for
inspection and audit,all documents and materials maintained by CONTRACTOR in connection with
its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with
TOWN or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign ar transfer any interest in this Agreeinent nor the
performance of any of their respective obligations hereunder,without the prior written consent of the
other party, and any attempt to so assign this Agreeinent or any rights, duties or obligations arising
hereunder shall be void and of no effect.
10. INSURANCE.
A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall
maintain, at no expense to TOWN,the following insurance policies:
1. A comn�ercial general liability insurance policy in the minimum amount of
one million dollars($1,000,000)per occunence/two million dollars($2,000,000)aggregate,for death,
bodily injury,personal injury, or property damage.
2. An autoinobile liability (owned, non-owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000)dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum ainount of
one million dollars($1,000,000)per occurrence/two million dollars($2,000,000) aggregate,to cover
any claims arising out of the CONTRACTOR's performance of services under this Agreement.
Where CONTRACTOR is a professional not required to have a professional license, TOWN
reserves the right to reqltire CONTRACTOR to provide professional liability insurance pursuant to
this section.
4. If it employs any person, CONTRACTOR shall maintain worker's
compensation insurance, as required by the State of California, with statutory limits, and
employei's liabiliry insurance with limits of no less than one million dollars ($1,000,000) per
accident for bodily injury or disease. CONTRACTOR's warker's compensation insurance shall
be speci�cally endorsed to waive any right of subrogation against TOWN.
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B. Othei• Insurance Requirements. The insurance coverage requii-ed of the
CONTRACTOR in subparagraph A of this section above shall also meet the following requirements:
1. Except for professional liability insurance or workei's compensation
insurance, the insurance policies shall be specifically endorsed to include the TOWN, its officers,
agents, einployees, and volunteers, as additional insureds (for both ongoing and completed
operations)under tl�e policies.
2. The additional insured coverage under CONTRACTOR'S insurance policies
shall be "primaiy and noncontributory" with respect to any insurance or coverage maintained by
TOWN and shall not call upon TOWN's insurance or self-insurance coverage for any contribution.
The"primary and noncontributory"coverage in CONTRACTOR'S policies shall be at least as broad
as ISO form CG20 O1 04 13.
3. Except for professional liability insurance or worker's compensation
insurance, the insurauce policies shall include, in their text or by endorsement, coverage for
connactual liability and personal injuiy.
4. By execution of this Agreement, CONTRACTOR hereby grants to
TOWN a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire
against TOWN by virtue of the payment of any loss under such insurance. CONTRACTOR
agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but
this provision applies regardless of whether or not TOWN has received a waiver of subrogation
endorsement fi-om the insurer.
5. If the insurance is written on a Claims Made Form,then,following terniination
of this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a ret�-oactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or• excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primaiy and
noncontributory basis for the benefit of�'OWN(if agreed to in a written contract or agreeinent)before
TOWN'S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available inslu-ance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to TOWN or any other additional insured party. Furthermore, the
requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this
Agreement; or(2) the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured; whichever is greater. No representation is made that the
minimu�n Insurance requirements of this agreeinent are sufficient to cover the obligations of the
CONTRACTOR under this agr�eement.
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C. Deductibles and SIR's. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by the PROJECT
MANAGER and Town Attorney, and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be
satisfied by either the named insured or TOWN or other additional insured �arty. At TOWN's
option, the deductibles or self-insured retentions with respect to TOWN shall be reduced or
eliminated to TOWN's satisfaction,or CONTRACTOR shall procure a bond guat-anteeing payment
of losses and related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER
or TOWN'S Town Attorney all of the following: (1) Certificates of Insurance evidencing the
insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or
endorsement page listing all policy endorsements for the commercial general liability policy, and(3)
excerpts of policy language or specific endorsements evidencing the other insurance requirements set
forth in this Agreement. TOWN reserves the right to obtain a full certified copy of any insurance
policy atld endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a
waiver of the right to exercise it later. The insurance shall be approved as to foim and sufficiency by
PROJECT MANAGER and the Town Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B.,CONTRACTOR shall,to the fullest
extent permitted by law, indemnify, release, defend with counsel approved by TOWN, and hold
harmless TOWN, its officers, agents, employees and volunteers (collectively, the "Town
Indemnitees"), from and against any claim, demand, suit,judgment, loss, liability or expense of
any lcind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S perfoimance of its
obligations or conduct of its operations under this Agreetnent. The CONTRACTOR's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the Town Indemnitees. However, to the extent that liability is caused by the active
negligence or willfiil misconduct of the Town Indemnitees, the CONTRACTOR's
indemnification obligation shall be reduced in proportion to the Town Indemnitees' share of
liability for the active negligence or willful nlisconduct. In addition, the acceptance or approval
of the CONTRACTOR's work or work product by the TOWN or any of its directors, officers or
enlployees shall not relieve or reduee the CON'I'12AC7'OR's indemnification obligations. In the
event the Town Indemnitees are rnade a party to any action, lawsuit, or other adversarial
proceeding arising from CONTRACTOR'S perfarinance of ar operations under this Agreement,
CONTRACTOR shall provide a defense to the Town Indemnitees or at TOWN'S option
reimburse the Town Indemnitees their costs of defense, including reasonable attorneys' fees,
incurred in defense of such claims.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined tmder
Civil Code Section 2782.8, then, to the extent pennitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONTRA.CTOR shall indemnify and hold harmless the
TOWN and its officers, officials, and employees (collectively Town Indemnitees) from and
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against dan�ages, liabilities or costs (including incidental damages. Court cos2s, reasonable
attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses
incui-�-ed in connection therewith and costs of investigation) to the extent they are caused by the
negligence, recklessness, or willful misconduct of CONTRACTOR, or any subconsultants, or
subcontractor or anyone directly or indirectly employed by them, ar anyone for whom tlley are
legally liable (collectively Liabilities). Such obligation to hold hai7nless and indemnify any
indemnity shall not apply to the extent that such Liabilities are caused in part by tlle negligence or
willfiil misconduct of such Town Indemnitee.
C. The defense and indemni�cation obligations of this Agreement are undertaken in
addition to, and shall not in any way be liinited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of tiine allowed by law.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
perfonnance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the perforrnance of its duties and obligations under this
Agreeinent. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless TOWN, its officers, agents and employees fi-om any and all damages, liabilities,
penalties, �nes and all other consequences from any noncoinpliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
TOWN and CONTRACTOR do not intend, by any provision of this Agreement, to create
in any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement,to the other party.
15. NOTICES.
All notices and other communications reqnired or permitted to be given tmder this Agreeinent,
including any notice of change of address, shall be in writing and given by personal delivery, or
deposited with the United States Postal Service,postage prepaid, addressed to the parties intended to
be notified. Notice shall be deeTned given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service. Notice shall be given as follows:
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TO TOWN: Greg Chanis
Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon,�CA 94920
TO CONTRACTOR: Garth Schultz
Principal
R3 Consulting Group,Inc.
1512 Eurelca Rd., Ste. 220
Roseville, CA 94661
16. INDEP�NDENT CONTRACTOR.
For the puiposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor,and not as eit7ployees of
the TOWN. CONTRACTOR and TOWN expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of TOWN.
17. ENTIRE AGREEMENT--AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incoiporated by reference,represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the TOWN.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreeinent, shall be valid or binding, eXcept by way of a w1-itten amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CON'T1ZAC'TOI2 and the T'OWN.
E. If any conflicts arise between the tei7ns and conditions of this Agreeinent, and the
tet-ms and conditions of the attached exhibits or the documents expressly incoiporated by reference,
the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that TOWN may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes TOVVN under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checics or other ainounts.
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19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other tei7n,covenant,condition,ordinance,law or regulation,or of any subsequent breach or violation
of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of a�ry fee,performance, or other consideration which may becoine due or
owing under this Agreement,shall not be deemed to be a waiver of any preceding breach or violation
by the other party of any term,condition,covenant of this Agreement or any applicable law,ordinance
or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing pariy in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. TOWN BUSINESS LICENSE/OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreeinent,a TOWN
business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and
all state and federal taxes and any other applicable taxes. TOWN shall not be required to pay for any
work performed under this Agreement, until CONTRACTOR has provided TOWN with a
completed Internal Revenue Service Foim W-9 (Request for Taxpayer ldentification Number and
Certification).
22. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nahue extend beyond the term (or termination) of
this Agreement shall remain in effect until fulfilled, and shall apply to both Parties' respective
successors and assigns.
23. APPLICABLE LAW.
The laws of the State of Califonlia shall govenl this Agreeinent.
24. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute one document. Counterpart signature
pages may be delivered by telecopier, email or other ineans of electronic transmission.
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II�T WITNESS WHE1tEOF,the parties have executed this Agreement as of the day,nnonth and year
first above written.
TOWN i7�+"�'I�3�7 ON C'ON�1'I2r1C7'OR
,� i , t ���
��� 4� 1 C�;,
� �,�-'� By. ��.t
Gre� hai�is,Town Manager ` ' --
Nanne: Garth Schultz
Title: Principal and Secretary
ATTEST:
�� [If Coniractor is a corporation,add signature of second
�m' � ` corpolate officerJ
�� �n . t
� d �:� ' �8�.�'��� ,.
y'�Lea Stefan�,Town Clerk ; -� �, ��
1�y:
��.���?�"`��.�.�� �a,.��..��,- ��--------
APPROVED AS TO FORM: Name:Richard Tagore-Erwin
- ,,,. Title:Principal and President
f. ,
��� `��� _ �
,- � ;; �',
Benjamin Stock,�Town Attorney
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Task 1 �rojec� Kick-off and Coordination
Task 1.1 Kick-off Meeting
Upon authorization to proceed, R3 will facilitate a project kick-off meeting with designated representatives
of the Franchisors. The meeting will provide an opportunity to review the project objectives, R3's project
approach, schedule, and data availability. The kick-off meeting will serve to set the expectations and
timeline for the Scope of Work and establish the best means for ongoing communication and
collaboration between R3 and the Franchisors for the duration of this engagement.
One item of importance for discussion during the kick-off meeting will be how R3, the Franchisors and
MVRS wili work collaboratively to ensure that this project provides the best possible outcomes for
customers and ratepayers, while still achieving meaningful compliance with the law. R3 understands that
the Franchisors do not intend for this SB 1383 planning and implementation exercise to be a"check-the-
box" exercise that results in compliance without due consideration of how to ensure the resultant
outcomes are good for customers, good for the environment, and good for the economy.
R3 whole-heartedly embraces this intention and has the on-the-ground experience working with
commercial business and other parties in Marin County on organics coilection programs and other similar
policies. We wiil bring best practices gleaned from these experiences to bear in working with the
Franchisors throughout the course of the project.
Please note that we have budgeted for ail meetings to be virtual, including check-in meetings with agency
staff, MVRS, as well as presentations to Councils/Boards, and other bodies. Additional costs will be
incurred for required attendance at in-person meetings; R3 will seek Franchisors' approval of additional
costs before they are incurred.
Task 1.2 Information Request
Upon authorization to proceed, R3 will provide the Franchisors and MVRS with a preliminary list of
documents in support of this Scope of Work.
Requested documents may include, but will not necessarily be limited to, the following:
' Customer rate sheets;
;� Education and outreach information provided by MVRS to customers;
„ Copies of most recent monthly and annual reports, including tonnage reporting; and
Other relevant data.
The provided information and materials, along with the documents already in R3's files, will assist with our
analysis and ultimate drafting of our Final Analysis Report and Findings.
T�sk 2 r�alysi� v�F �urrent Programs and io�plernenta�ion
Pathways
There are aspects of the law, such as procurement policy, that would benefit from in-depth research,
engagement with industry and public-sector partners, and a detailed cost/benefit analysis. Planning for
requirements such as edible food recovery and reporting necessitates engagement with other agencies in
Marin County. Options for enforcement, which is required to begin in 2024, should be explored in concert
MVRS Franchisors�SB 1383 Planning Assistance 2 ��
with interagency departments and other agencies in the County. Other aspects of the law, such as
municipal code updates, are self-contained and could be easily accomplished by each agency without
coordination with other agencies, though there are benefits to regional coordination.
R3 has been following SB 1383 regulations closely on behalf of many clients and has developed a user-
friendly SB 1383 action plan that we will customize according to the Franchisors' needs. SB 1383 touches
upon many aspects of solid waste management, many of which are currently the responsibility of the
franchised haulers via agreements, while others are jurisdictional responsibilities, and some may already
be the responsibility of the County.
R3 will assess SB 1383 preparedness by beginning wifh our action plan template, and for
eacF►requirement:
1. Determining if there is a similar existing requirement via another legislation such as Assembly Bill
(AB) 1826, and indicating which party(ies)are responsible for the similar requirement;
2. If there is a similar existing requirement, assessing current compliance activities conducted by the
party responsible against the upcoming requirements of the law and identifying changes that need to
be made, assuming no changes in responsible party; and
3. If there is no similar requirement(such as for edible food recovery), R3 will assess current conditions
and make recommendations that provide a pathway to compliance.
Gaps in compliance will be identified through this process, along with opportunities for program
improvements.
S� 1383 jurrsdiction responsibilities can be f�roken up into five major compfiance areas, described
in more detail in suh-tasks 2.9 -2.5:
;> Education and Outreach;
i Inspection and Enforcement, including the assessment of penalties and contamination monitoring;
;% Edible Food Recovery Programs;
> Purchasing Policy Changes; and
% Collection Service Adjustments.
Based on similar reviews for other jurisdictions,pathways are likely fo include the following:
i Implementing universal roll-out by providing organic waste collection services (including food waste)
to all residents and businesses;
_> Establishing a food recovery program in coordination with Marin County and/or other agencies as
appropriate;
Providing enhanced education and outreach to the community, which involves potential changes to
content and frequency of mailers and on-site outreach as appropriate;
; Hiring a dedicated officer for enforcement of the law's requirements;
. Procuring more recyclabie and recovered organic products;
-- Gathering a significant amount of information for reporting to CalRecycle, both during the initial
planning and reporting process, and on an ongoing basis as a part of Electronic Annual Reports to
CalRecycle (reporting is currently completed by Zero Waste Marin); and
;� Monitoring and enforcing compliance through the agencies' municipal codes.
It should be noted that the tracking and reporting requirements of SB 1383 are substantial. While
Recyclist may be effective for ongoing reporting for SB 1383, the agencies may need to coordinate
reporting activities with Zero Waste Marin (currently the designated AB 939 reporting entity for
MVRS Franchisors�SB 1383 Planning Assistance 3 �..�
jurisdictions in Marin County). Reporting is built in to all the programmatic implementation steps outlined
in this task, and recommendations on reporting will be included as a part of all sub-tasks listed below.
It should also be noted that many of these tasks would benefit from a coordinated regional approach. As
a part of some of these tasks, R3 proposes to engage various agencies active in Marin County in order to
facilitate collaboration. However, this scope of work is specifically designed to facilitate the Franchisors'
implementation of SB 1383, and as such, engagement with regional actors and the County is focused on
specific topic areas.
Task 2.1 Education and Outreach
Data shows that on-the-ground technical assistance is key to effective program implementation, from
signing businesses up for organics service to reduce contamination by more effective sorting.
SB 9383 requires education and outreach activities—generally in atignment with AB 9826
educafion and outreach—including the following:
,; Monitoring of businesses that generate 2 or more cubic yards of solid waste per week;
� Conducting site visits to encourage correct participation and sign-up for non-compliant accounts;
;> Waste assessments, especialiy in the case of exemption requests or reported self-haul or back-haul
activities;
�; Annual mailers,which will need to include the new requirements of SB 1383 such as multi-family
recycling instructional materials provided to new tenants on move-in, front-of-house sorting containers
including recycling and organics containers with labels and correct color coding; and
,- Education and outreach targeted at Tier I and Tier I I covered generators under the edible food
recovery requirements, which differ from the organics recycling requirements of AB 1826 and will
likely require staff to facilitate relationship-building between covered generators and recovery
organizations.
While these activities are familiar to MVRS and Franchisors and ramping up to AB 1826 covered
generator thresholds will likely facilitate most education and outreach activities required under the new
regulations, R3 anticipates additional staff effort related to education and outreach. This will likely require
increased staffing for the party(ies) identified as responsible for these requirements, including MVRS and
the Franchisors' staff.
This Education and Outreach task will be completed for Franchisors as a whole, and not substantially
customized for each agency.
Task 2.2 Inspection and Enforcement
Inspection and enforcement requirements included in SB 1383 represent a departure from the AB 1826
requirements in that penalties are required to be assessed on businesses not in compliance with
the recycling requirements, including: signing up, participating, placing containers for recycling and
organics in the front-and back-of-house, and self/back-hauling in compliance with the state's
requirements.
MVRS Franchisors�SB 1383 Planning Assistance 4 �..�
fn summary, SB 1383 introduces:
;; Penalties for non-compliant businesses (under the organics recycling requirements, the requirement
to right-size containers, and the requirements to provide educational material as well as the edible
food recovery requirements described in Task 2.3) in alignment with the SB 1383 penalty structure
introduced in the regulations;
„- Penalties for haulers, including franchised haulers and the seif-haul sector for not diverting organic
material according to the requirements;
:� Penalties for regulated entities for not providing adequate reporting (this includes edible food recovery
organizations);
;� Investigation of complaints of non-compliance by members of the public or other entities;
;> Contamination monitoring via periodic (current regulations require annual) route audits for every route
and a representative portion of customers; or via monitoring at post-collection facilities;
;- A defined "waiver" system similar to the exemption system for AB 1826, except that organics
generation thresholds are lower(10 gallons or less for customers below 2 cubic yards of solid waste
service, and 20 gallons or less for customers at or above 2 cubic yards), inspection of businesses
subject to waiver and adequate documentation is required, and re-inspection on a prescribed basis
(now every 5 years). Note that physical space limitations are included as a possible waiver rationale.
R3 generally recommends that exemption/waiver authority resides in jurisdiction or authority staff and
not the hauler; and
;- Required reporting to CalRecycle on all site visits, penalties, waivers.
Via this task, R3 will further refine our staffing impact analysis, and research compliance fee mechanisms
and alternative options for enforcement.
While the inspections required by the regulations can reasonably be performed by the hauler, others
(such as the edible food recovery enforcement and the front-of-house container placement)are not
appropriate to inciude in hauler responsibilities. Moreover, the regulations clearly state that authority for
enforcement cannot be delegated to a private entity. Based upon the SB 1383 planning assistance R3
has conducted for other agencies, R3 anticipates at this time that at least one part-time enforcement staff
with the ability to issue citations will be needed; and some level of additional enforcement staff will be
needed for the other agencies. This Inspection and Enforcement task will be completed separately for
each agency.
Task 2.3 Edible Food Recovery Programs
Establishing and implementing food recovery programs can be challenging, but R3 is aware of a number
of edible food recovery organizations that are already operating in Marin County.
The County 6s respoeasible for a number of the key aspects of planning for SB 1383, inctuding:
> Inspection of all food-serving businesses via Environmental Health for enforcement of state minimum
standards; and
_; Planning for edibie food capacity in the County, including identification of edibie food recovery
organizations and assessment of those organizations' capacity, as well as any need for additional
capacity in the County.
As such, R3 proposes to initially engage the County and request available information about the County's
current edible food recovery planning efforts, as well as current activities conducted by County
Environmental Health inspectors and collateral already developed by the County. We will assist the
agencies in exploring opportunities for regional coordination and interagency collaboration related to
edible food recovery, with an eye toward going "above and beyond" basic requirements to design a
program that effectively captures edible food that was previously disposed and provides it to people in
need.
MVRS Franchisors�SB 1383 Planning Assistance 5 ��
After engaging with the County, R3 will then prepare a list of strategies appropriate for the agencies to
implement or support.
These could include:
` Connecting potential donors to potential recipients;
; Providing small grants to food recovery organizations for refrigerators or vehicles;
;- Distributing model food recovery agreements to surplus food generators, based upon CalRecycle's
model agreement;
;i Coordinating efforts with County Environmental Health for distribution of food recovery information to
commercial food generators or training of food recovery organizations in safe food handling
procedures; and
<` Coordinating efforts with the County to ensure that food-insecure recipients are matched with food
distribution organizations.
The Edible Food Recovery Programs task will be completed for Franchisors as a whole, and not
substantially customized for each agency.
Task 2.4 Purchasing Policy Changes
SB 1383 requires changes to each agency's purchasing policies, including procurement of recycled-
content paper, compost and/or mulch product from post-collection facilities, use of natural gas from post-
collection facilities, and use of electricity from qualifying post-collection sources.
Via this task, R3 will calculate the required amounts of product for each agency and wiil assist the
agencies as necessary in gathering information about current purchasing quantities of qualifying materials
from the various agency departments involved.
/nformational intervievsrs with up to four related industry and public secfor partners will be
arranged, including:
;; Marin Community Choice Energy, a non-profit renewable electricity provider that the agencies partner
with, and which has already obtained energy from some qualifying sources;
;?> Marin Carbon Project or other solutions-based collaboratives that focus on the use of compost,
mulch, and biosolids, including strategic spreading of recovered organic content in open space; and
;� The Wildfire Prevention Authority or another public agency partner to explore the existing generation
of woody matter and the highest and best use of that matter for environmental purposes.
R3 will also conduct limited research to gather information on the use of the products required for
procurement to assist the agencies in determining the most beneficial procurement strategy that will align
with the requirements of SB 1383.
This Purchasing Policy Changes task will be completed for the Franchisors as a whole, and not
substantially customized for each agency; although R3 will calculate recovered organics procurement
targets separately for each agency.
MVRS Franchisors�SB 1383 Planning Assistance 6 ��
Task 2.5 Collection Service Adjustments
Although MVRS is currently conducting a range of activities for AB 1826 compliance, R3 initially expects
that these activities will need to be expanded and adjusted to facilitate compliance with SB 1383.
Specifically, the Franchisors and MVRS will need to expdore the fotlowing types of adjusfinenfs in
collection programs:
�, Establishment or expansion of recycling and composting collection services to all customers to
address SB 1383 requirements;
i` Route audits for contamination monitoring;
;. Edible food recovery outreach and education and designation of responsibilities between hauler,
agencies, and County staff;
'y Diversion and program monitoring and reporting;
� Coordination and task designation between the agencies and the hauler; and
�; Collection container labeling adjustment to align with SB 1383 requirements for all new carts and bins
piaced into service. These labels may be printed and not include graphics, but they must include a list
of allowed and dis-allowed materiais. While commercial bin labels may be compliant, it is possibie
that CalRecycle will require labels to be placed on all residential carts as well. Moreover, if MVRS is
currently using black containers for the Food to Energy program, those carts will need to have their
lids changed to the yellow color to be compliant.
R3 will prepare a list of the adjustments that the Franchisors may consider requesting MVRS to make,
and present that list to MVRS during one virtual meeting to discuss operational feasibility, benchmarking,
and costs,with universal service for all businesses as a significant point of discussion.
The information gathered during that meeting wili be synthesized, analyzed, and provided as guidance to
the Franchisors.This wiil identify which activities are best suited for MVRS to perform, as well as
determining marginal activities that may benefit from MVRS's assistance or involvement. We will provide
the analysis and recommendations in our final report to the Franchisors, as a part of Task 4, and will be
available to assist the Franchisors in negotiations for an amendment to the MVRS agreement, or a
mutually agreed-upon letter of understanding (see optional Task 5).
This Collection Service Adjustments task will be completed for Franchisors as a whole, and not
substantially customized for each agency.
Task 2.6 Initial Cost Estimates
R3 proposes to provide an estimate of initial costs of implementation for implementation of the SB 1383
requirements by the Franchisors based upon our recommended implementation approach. This cost
estimate may be further adjusted depending upon agency interests and the final implementation strategy
during rate-setting in late 2021.
Task 2.7 Ongoing Coordination
R3 will arrange regular check-ins (approximately five meetings) by conference call with agency staff
throughout the duration of the project. R3 will advise agency staff of upcoming interviews and coordinate
agency staff availability to join in these meetings, with the ultimate goal of positioning staff to proceed with
implementation of the programmatic requirements after the planning process is complete. This task
includes regular check-ins with the MVRS Franchisor staff as a whole, as well as individual meetings with
each agency(up to two per agency, in addition to the combined meetings with all Franchisors).
MVRS Franchisors�SB 1383 Planning Assistance � ��
`fask 3 unicipai Co e llpdate
R3 proposes to provide limited implementation assistance to the Franchisors in preparing a municipal or
district code update in alignment with SB 1383 requirements.
SB 1383 requires updates to the municipal or district codes of every jurisdiction in California,
aligning with the following reguirements in the regulations:
- Universal service for organic waste diversion;
;� Other business and hauler requirements under the regulations, described more fuliy in Task 2, above;
;> Penalties for non-compliance and the mechanism for assessing such penalties;
';� Enforcement of CALGreen construction and demolition debris recycling requirements and container
design requirements; and the Model Water Efficient Landscape Ordinance, Title 23, Division 2,
Chapter 2.7 of the California Code of Regulations.
This task is limited to updates on municipal code language to align with SB 1383 and does not include
other revisions such as modernizing code language or alignment with franchise agreement language. Via
this task, we will also prepare one short memorandum that describes the requirements of SB 1383 and
how they are enacted in the model municipal code as well as the proposed municipal code. We will
provide an expianation on how self-haul regulation is envisioned in SB 1383, how it might be
implemented, and benefits/drawbacks to the proposed approach.
We recommend that the Franchisors develop municipal/district code updates using the model municipal
code provided by CalRecycle as a basis and adapt that municipal code in accordance with legal counsel's
preference and R3's professional judgement. Via this task, R3 will work directly with legal counsel and
Franchisor staff to prepare an ordinance for adoption by each agency, will be available to present and
introduce the proposed ordinances at one virtual Council/Board meeting, and will attend one additional
virtual Council/Board meeting to answer questions for final adoption, per agency.
Please note that ordinance revisions outside of SB 1383 requirements may require additional effort than
is anticipated herein. Should the Franchisors wish to explore other solid waste-related municipal code
changes, R3 would be happy to assist pending approval of additional contract expenses for work outside
of SB 1383.
1"ask 4 T°ra�ning, eporting, and resenta#w�ns
R3 will arrange a combined SB 1383 training meeting to provide Franchisor staff with additional
information about the law and suggests that agency management be engaged if not already for that
meeting. This training will be conducted virtually, and a copy of the presentation and an associated
handout will be provided beforehand to participants. We will present our findings to date and our
recommendations for next steps during that meeting and gather information from agency staff on
feasibility and preferences.
R3 will prepare a draft analysis report for review by the Franchisors which includes the foilowing
key elements:
)> A summary update of recent legisiation, including AB 341, AB 1826, AB 901, AB 1594 and SB 1383;
i A summary of the research, interviews, recommendations and outcomes from Tasks 2 and 3;
;� Suggested best practices to include as part of the Agreement(s) updates and/or letters of
understanding with the hauler.
As part of this task, we will provide an electronic version of the draft analysis report to the Franchisors for
comments. At staff's preference, we will be available for one additional meeting to review findings and
address comments on the draft report.
MVRS Franchisars�SB 1383 Planning Assistance 8 �..�
This report will include a preliminary estimate of the costs for implementing SB 1383, for potential
integration into the rates effective July 1, 2021. We anticipate that this cost estimate will need to be
further refined for rates effective July 1, 2022, but some funding will be needed to cover costs for SB 1383
implementation which begins January 1, 2022.
Following discussion with the Franchisors, R3 will revise our draft report and provide the Franchisors with
a second interim draft analysis report. We will be available to meet with each agency's staff one additional
time to provide revisions and address comments, and thereafter will compile our final draft report.
R3 will also be available to provide one virtual presentation to each Council/Board with findings and
recommendations resulting from the tasks above.
Optional Ta�k 5 N�g�ti��ions vvath l6R�
The role of the hauler is key in designing an effective SB 1383 implementation plan. We will already have
identified roles for the hauler to fill and met with MVRS to expiore options on those roles as a part of Task
2.5. After resolution of those conversations, R3 expects that MVRS will either propose an amendment to
their agreements with the Franchisors, or request that a letter of understanding or other less formal
agreement be agreed upon and signed.
Regardless of the mechanism, we expect that implementation of the SB 1383 requirements will involve
changes to the MVRS costs of operation likely to impact rates. If the Franchisors so desire, R3 can assist
the Franchisors in negotiating the rate impacts and finalize the language on program requirements and
design for those elements of implementation for which each chooses to engage MVRS. In this proposal,
we have provided for up to five additional meetings with MVRS, and the drafting of an amendment or
letter of understanding as an optional task.
D�BfV@i`��IE:S
)� Two (2) Draft Analysis and Findings Reports, including an SB 1383 preparedness matrix;
�; One (1) municipal code update for each agency;
;; Two (2)virtual Council/Board meetings [one (1) presentation and one (1)to answer questions] prior
to adoption of each municipal code update;
;; One (1) Final Analysis Report and Findings in electronic format;
-• One (1)virtual presentation, per agency, to Council or Board on findings and recommendations;
;; (Optiona!)Amendment or letter of understanding with MVRS.
MVRS Franchisors�SB 1383 Planning Assistance 9 �.,�
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R3 is available to begin work on this project as soon as indicated by the City. R3 proposes the following
schedule for work completion, with the project beginning in April 2021 and completing by the end of
December 2021.
This schedule provides ample time to complete the required project effort, achieve compliance with SB
1383 starting January 1, 2022 (pending appropriate agency action). However,this is not enough time to
incorporate project resuits into the regularly scheduled MVRS 2022 rate adjustment and setting process.
We propose to assist the Franchisors in further refining implementation costs for rates effective July 1,
2022.
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SG�PE B; SB 1383 Planning and Implementation Assistance
1. Project Kick-Off and Coordination April 2021 September 2021
�. Analysis of Current Programs and Pathways Ap�il 2021' May 2021
3. Municipal Code Update April 2021 September 2021
�, Final Analysis, Reporting, and Presentations May 2021: Fall 2021
�. ���a���r��l} Negotiations with MVRS ' May 2021' Fall 2021
MVRS Franchisors�SB 1383 Planning Assistance 10 ��
�
R3 proposes a contract with the Town as the lead agency, providing for the scope of services for all
Franchisors. Payment for work performed under this scope of services is rate-recoverable MVRS as a
pass-through/rate reimbursable cost(if agreed to by MVRS) OR reimbursable by Zero Waste Marin (if
approved by the Zero Waste Marin Board).
The proposed contract amount of$136,230 is a not-to exceed amount based on time and materials for all
Franchisors, as shown in the table below.
e � .
SCOPE B: S$ �383 Pianning and Implementation Assistance
1. Project Kick-Off and Coordination 15 $ 2,790
2. Analysis of Current Programs and Pathways 313 $ 57,900
3. Municipal Code Update" 217 $ 40,140
4. Final Analysis, Reporting, and Presentations 79 $ 14,700
Subt�tal, Tasks 1-4 629� : $ '115;530
5. (Qpteona!) Negotiations with MVRS 112 $ 20,700
r . . 1
MVRS Franchisors�SB 1383 Planning Assistance 11 �'�
illin at��
In the table below, we have provided our hourly billing rates for R3 that may be involved in providing the
solid waste consultant services. These hourly rates are effective January 1, 2021 and are subject to
periodic adjustments based on CPI. R3 will submit any changes to our billing rates on an annual basis.
COI#ISULTING GR{?UP, I�1C.
RESOURCES�RESPECT�RESPOiJS161LITY
R p � - �
Principal $225 per hour
Project Director `. $215 per hour '
Senior Project Manager $190 per hour
, Project Manager : $'185 per hour
Senior Project Analyst $165 per hour
, � �. _._..�. . , . _ . _ , ;
� .
,
Senior Administrative Support < ;, $160 per hour '
, ---=_�==--- =—=_ -: _:_;�
Project Analyst $155 per hour
� ,:�. �.
Associate Analyst' $145 per hour
Administrative Support $125 per hour
. �
i Consultants/Subcontractors '. i Cost pluS 10% :
i . �_.. . .
Lodging and meals Direct cost
Travel-Private or company car At Current Federal Rate
Travel - Other Direct cost
Delivery and other expenses ' Direct cost
Payments
Unless otherwise agreed in writing, fees for work completed will be billed monthly at the first of each
month for the preceding month and will be payable within 30 days of the invoice date.
MVRS Franchisors�SB 1383 Planning Assistance �2 �.�
�
�1.�� �
Incorporated in California in 2002, R3 is a California Certified Small Business with offices in Rosevilie and
Davis, California. Our firm is led by two principals, Richard Tagore-Erwin and Garth Schultz, who have
40+ years of combined solid waste expertise.
We specialize in providing a diverse range of solid waste management consulting services exclusively to
public agencies, inciuding rate and financial reviews, competitive procurement and/or extension
negotiations of collection, processing and disposal services; development, implementation and monitoring
of service contracts and franchise agreements; and legislative compliance.
R3 works exclusively for public agencies and does not work for any private solid waste management
companies. We do, however, have very good professional working relationships with private sector
service providers-which is valuable in negotiations.
Food Waste Reduction Planning / Food Recovery
R3 assists clients with the development, implementation, and evaluation of their organics and food waste
reduction programs. Our extensive experience has allowed R3 to address a variety of issues that typically
confront our municipal clients during the implementation of their various programs and facilities, including
inter-jurisdictional coordination, planning requirements, diversion mandates, regulatory compliance,
community outreach, and public education.
Our organics-related services include the following:
�� Developing and evaluating existing organics programs;
- Analyzing options for program improvement and potential new programs to implement;
,i Identifying businesses subject to compliance with SB 1383;
� Monitoring and tracking covered generator compliance;
:� Designing and assessing public education and outreach materials and methods for notifying
businesses of their requirements and compliance options;
i Developing franchised hauler tracking methods for necessary reporting, public education and
outreach, and compiiance monitoring requirements;
i Performing on-site waste assessments and material characterizations and providing hands-on
technical assistance to regulated businesses to support their compliance;
;- Facilitating private sector diversion opportunities, including food donations and recycle/reuse
vendors; and
; Planning for end-use markets for compost product and SB 1383 implementation.
Legislative Compliance
R3 provides a full range of planning, design, implementation, monitoring, and administrative services in
support of regulatory compliance with AB 1826 (Mandatory Commercial Organics Recycling), SB 1383
(Short-Lived Climate Pollutants), AB 341 (Mandatory Commercial Recycling), AB 1594 (Ban on Green
Material ADC Diversion Credit), as well as new legislation such as AB 1669 (Displaced Employees), AB
901 (Solid Waste Reporting Requirements), and AB 876 (Organics Management Infrastructure Planning).
California has adopted aggressive legislation to reduce waste sent to the landfill and many jurisdictions
are not fuily prepared to meet their requirements under AB 341, AB 1594 and AB 1826. Our
understanding of these legislative requirements and our hands-on experience assisting our clients with
implementing effective AB 341 and AB 1826 programs and preparing for the requirements of AB 1594,
AB 1669, SB 1383, and AB 901 has helped us to develop effective compliance strategies and
implementation plans that leverage existing franchised hauler resources and contractual requirements.
MVRS Franchisors�SB 1383 Planning Assistance 13 �