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HomeMy WebLinkAboutReso 140-05 FoodScrapRecycling RESOLUTION NO. 140 - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AN AGREEMENT WITH THE ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY FOR RESIDENTIAL FOOD SCRAP RECYCLING PROGRAM WHEREAS, on December 6, 2004, the City Council awarded a Collection Service Agreement to Amador Valley Industries ("A Yr'); and WHEREAS, the Agreement with A VI included the implementation ofa Food Scrap Recycling Program; and WHEREAS, the Alameda County Waste Management Authority (Authority) offers a Residential Food Scrap Subsidy to member agencies that provides up to $8 for each household receiving weekly greenwaste service to be used for the implementation of a residential food scrap collection program; and WHEREAS, the City desires to participate in this program to offset the initial startup costs of the program including the purchase offood scrap pails; and WHEREAS, the Authority requires the City to enter into a Residential Food Scrap Program Agreement to participate in the program and receive the subsidy; and NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Dublin does hereby approve the agreement with the Authority for the Food Scrap Recycling Program attached \lereto. and authorizes the City Manager to execute the agreement. PASSED, APPROVED AND ADOPTED this 21" day ofJune, 2005. AYES: Councilmembers Hildenbrand, McConIÙck, Oravetz, Zika and Mayor Lockhart NOES: None ABSENT: None ATTEST: ABSTAIN: None K'/G/6-21-05/reso 140-05 Food Scraps (Item 8.2) .' AGREEMENT BETWEEN ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY AND THE CITY OF DUBLIN This Agreement, made and entered into this 1st day of July, 2005, by and between The City of Dublin, hereinafter referred to as "Contractor," and the Alameda County Waste Management Authority, hereinafter referred to as "Authority." WITNESSETH WHEREAS, the Authority desires to assist (and/or implement) waste reduction efforts in Alameda County; and WHEREAS, the Contractor proposes (or is) to implement a Residential Food-Scrap Collection program as specified in Appendix A and hereinafter referred to as "Program": and WHEREAS, Contractor has requested funding from Authority in the amount of up to $8/single family residence participating in a residential food-scraps collection program for a total of up to $80,000 in order to (partially) fund "Program"; and WHEREAS, the Authority has agreed to provide such funding; NOW, THEREFORE, Authority and Contractor agree as follows: 1. Term. The term of this Agreement commences on July 1,2005, and extends through September 3D, 2006 The total amount of compensation tendered by Authority to Contractor pursuant to this Agreement shall not exceed $80,000, 2. Scope of Contractor Services. Contractor shall implement the program as described in Appendix A of this Agreement attached hereto and hereby incorporated into this Agreement In signing this Agreement, Authority grants Contractor specific authorization to proceed with work described in Appendix A. All work authorized by this Agreement shall be completed in accordance with the established project schedule as set forth in Appendix A. Contractor shall: a, Perform Contractor's duties to the best of Contractor's ability and in accordance with the generally accepted professional and ethical standardS of Contractor's profession and community. Contractor agrees to perform Contractor's duties at all times in strict accordance with currently approved methods and practices in Contractor's field and in accordance with the standards required by the Authority. All duties shall be performed and rendered in a competent, efficient, timely and satisfactory manner. b, Observe and comply with all general rules and regulations established by Authority. c, Observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipai and local governing bodies, including all provisions of the Occupational Safety and Health Act of 1979 and all amendments thereto, and all applicable federal, state, municipal and local safety regulations. Ail services performed by Contractor must be in accordance with these laws, ordinances, codes and regulations. The Authority recognizes that Contractor's ability to complete the scope of work within the budget and timelines established in this Agreement is necessarily dependent on receiving reasonable, timely and adequate input and review from the Authority The Agreement also assumes that the Authority's policies, goals, objectives, actions or alternatives will not change in a manner which alters the Scope of Work once it has been initially defined and accepted by the Authority, Should City of Dublin Residential Food Scraps Recycling Program Contract Version: Draft March 24, 2005 · . the Scope of Work defined by this Agreement be expanded or contracted or the schedule be changed, Contractor's compensation shall be adjusted to reflect any additional work or costs, The Authority and Contractor shall negotiate in good faith to determine the adjustment in compensation. 3. Pavment. Terms and conditions for payment are described in Appendix B attached hereto and hereby incorporated herein. 4. Independent Contractor. No relationship of employer and employee is created by this Agreement, it being understood that Contractor shall act hereunder as an independent contractor performing the work set forth in Appendix A at all times in strict accordance with currently approved methods and practices in Contractor's field and that the sole interest of Authority is to ensure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with the standards of the Authority and those set forth in Appendix A. Likewise, no relationship of employer and employee is created by this Agreement between the Authority and any subcontractor or employee of Contractor. 5. Benefits and Taxes. Except as set forth in Appendix B, Contractor shall not have any claim under this Agreement or otherwise against Authority for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Except as specified in Appendix B, Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold Authority harmless from any and allliabiiity that Authority may incur because of Contractor's failure to pay such taxes. 6. Authorltv ReDresentative. Authority shall appoint a representative or representatives with respect to work to be performed under this Agreement. Authority's representative(s) shall have complete authority to transmit instructions, receive information, and interpret and define Authority's policies consistent with this Agreement. Contractor shall be entitled to rely on representations made by Authority's representative(s) unless otherwise directed in writing by Authority. 7. ResDonsibilitv of Authoritv. The Authority shall provide at its expense such services of its officers and employees and such use of its premises, facilities, supplies and equipment as the Authority reasonably determines is necessary for performance of this Agreement. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. 8. Travel Expenses. Contractor shall not be allowed or paid travel expenses except to the extent authorized in Appendix B. 9. SelVlces to Others. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth herein and in Appendix A Interference or conflict will be determined at the sole discretion of the Authority. 10. Asslanment and Subcontracts. Nothing contained in this Agreement shall be construed to permit assignment or transfer by Contractor of any rights under this Agreement and such assignment or transfer is expressly City of Dublin Residential Food Scraps Recycling Program Contract Version: Draft March 24, 2005 2 prohibited and void. However, with the consent of the Authority given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by the Authority. Failure to comply with this section shall constitute a material breach of this Agreement. 11. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall make available to the Authority or any party designated by the Authority, upon written request by Authority, this Agreeme'nt, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary to certify the nature and extent of the reasonable cost of services to Authority. 12. Conflict of Interest. a. The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest, or that the Contractor has already disclosed all such relevant information, b, The Contractor agrees that if an actual or potential conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Authority. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Authority to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the Authority, c. No officer, member or employee of Authority and no member of the Authority governing body shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nOr any member of any Contractor's family shall serve on any Authority board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor, d, Failure to comply with this section shall constitute a material breach of this Agreement. 13. Discrimination Prohibited. Contractor assures that Contractor will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other nOn- merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. Failure to comply with this section shall constitute a material breach of this Agreement. 14. Rjqhts to Material Produced. Authority shall have a royalty-free, exclusive, and irrevocable license to reproduce, publish, use, and to authorize others to do so, all original writings, sound recordings, pictorial reproductions, drawings, computer programs, and other works of similar nature produced in the course of or under this Agreement. Contractor agrees to deliver a reproducible copy of such documents and materials to the Authority On completion of the services required in this Agreement and in accordance with Appendix A. Contractor shall have the right to keep copies of all documents and materials developed under this Agreement. The Contractor shall not be prevented from disclosing or using the documents and materials, or any portion thereof, which: (a) has been previously made available to the public or which is made available by Authority hereafter, or (b) which was already in the Contractor's possession prior to services performed under this Agreement. The Authority recognizes Contractor's need to make reference to this project as a part of the experience qualifications for future work of a similar nature. The Authority, therefore, agrees to allow Contractor to describe this project in its statements of qualifications and related materials. Contractor shall not publish any such material without prior written consent of Authority, 15. Confidential Information. City of Dublin Residential Food Scraps Recycling Program Contract Version: Dran March 24, 2005 3 Contractor will hold any confidential information received from Authority and its member agencies in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor will return materials which contain any confidential information to Authority_ Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to Authority's and its member agencies' past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law, Failure to comply with this section shall constitute a material breach of this Agreement. 16. Insurance, a, During the life of this Agreement, Contractor shall maintain the following minimum insurance: 1. Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad-form property damage liability coverage. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 2. Automobile bodily injury and property damage liability insurance covering owned, non- owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000, 3. Statutory workers' compensation and employer's liability insurance as required by state law. Neither Contractor nor its carrier shall be entitled to recover any costs, settlements, or expenses of workers' compensation claims arising out of this Agreement. Upon request, Contractor shall submit to Authority certificates of insurance for the policies listed above and list the Authority as an additional loss payee. The certificates shall provide that the insurer give written notice to Authority at least 10 days prior to cancellation of or any material changes in the policy. b. If a death, serious personal injury Or substantial property damage occurs in connection with the performance of this Agreement, Contractor shall immediately notify Authority by telephone, Contractor shall promptly submit to Authority a written report, in such form as may be required by Authority of all accidents which occur in connection with this Agreement. This report must include the following information: (1) name and address of the injured or deceased person(s); (2) names and address of Contractor's subcontractor, if any; (3) name and address of Contractor's liability insurance carrier; and (4) a detailed description of accident and whether any of Authority's equipment, tools, materials or staff were involved. Failure to comply with this section shall constitute a material breach of this Agreement. 17. Indemnification, Contractor shall indemnify and hold harmless the Authority, its officers, employees, and agents from and against any and all loss, liability, expense, claim costs (including costs of defense), fines, penalties, consequences, and suits and damages of every kind, nature and description directly or indirectly arising from the negligent Or intentional acts, errors, or omissions of Contractor in. the performance of this Agreement and Contractor shall pay all claims, damages, judgments, legal costs, adjustors' fees and attorneys' fees and attorneys' fees related thereto, 18. Druq-Free Workplace, Contractor and Contractor's employees shall comply with the Authority's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S, Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or work-site used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or work-site, the Contractor, within five days thereafter, shall notify the Authority. Failure to comply with this section shall constitute a material breach of this Agreement. City of Dublin Residential Food Scraps Recycling Program Contract Version: Draft March 24, 2005 4 19. Emplovment EliQibilitv. Persons providing services under this Agreement shall be required to provide the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation shall constitute a material breach of this Agreement and will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 20. Dispute Resolution, The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non- binding mediation in California. If mediation does not arrive at a satisfactory result. arbitration, if agreed to by all parties, or litigation may be pursued. In the event any of these dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 21. Jurisdiction and Severabilitv. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 22. Notice of Non-Renewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Agreement will be retained by Authority from Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by Authority to continue to retain all or any such services from Contractor following the expiration or termination of this Agreement. 23. Termination. Either party may terminate this Agreement with or without cause by providing 30 days notice in writing to the other party, The Authority may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or effect whatsoever and each of the parties hereto shall be relieved and discharged herefrom, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning Retention of Records, Rights to Material Produced, Confidential Information, Indemnification, and Jurisdiction and Severability shall survive termination of this Agreement. 24. Default and Remedies. a. Each of the following shall constitute an event of Contractor Default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the Authority determines the health, welfare, or safety of the public is immediately endangered; 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the Authority determines that the health, welfare, Or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the Authority determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure: or 3. Without limiting the generality of the foregoing, any Material Breach of any term of this Agreement ("Material Breach" as used in this Agreement shall include, but not be limited to, any failure to comply with the provisions of any section of this Agreement stating that failure to comply with that section shall constitute a material breach of this Agreement). City of Dublin Residential Food Scraps Recycling Program Contract Version: Draft March 24,2005 5 b, Upon any Contractor Default, Authority shall have the right to immediately suspend or terminate the Agreement, seek specific performance, and/or seek damages including incidental, consequential and/or special damages to the full extent allowed by law, 25, Lltiaation. If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 26. Parties In Interest. This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 27. Amendments Not Valid Without Additional Written Aareement. No alteration or variation in the terms of this Agreement shall be valid unless made in writing and signed by the parties. 28. Entire AQreement. This Agreement supersedes any and all agreemants, either oral or written, between the parties hereto with respect to the rendering of services by Contractor for Authority and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises Or agreements, orally Or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No alteration Or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. City of Dublin Residential Food Scraps Recycling Program Contract Version: Draft March 24, 2005 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. AUTHORITY: By: Karen Smith, Executive Director DATE Alameda County Waste Management Authority APPROVED AS TO FORM: By: E, Clement Shute, Jr. Authority Counsel DATE CON~ , A. .... .. By ~((),.~(QC d0.- Richard C. Ambrose G City Manager, Cit of Du Or designe ATTEST: Attachments ~ (., /::vt/" ..ç- DATE Appendix A .. Scope of Work Appendix B -- Contract Payment and Reporting Schedule Appendix C- Implementation Plan City of Dublin Residential Food Scraps Recycling Program Contract Version: Draft March 24, 2005 7 Appendix A Scope of Work City of Dublin Vision The residents of the City of Dublin will have a program to recycle food scraps, Plan Provide a pail for the in-house consolidation of food scraps. Food scraps will be collected weekly in the greenwaste-recycling cart, Provide educational materials that clearly explain the program need and objective. Resources The Alameda County Waste Management Authority (Authority) Residential Food Scrap Recycling Program offers funding to its member jurisdictions of up to $8/single family household that participates in a citywide residential food scrap recycling program. Food scraps, soiled paper and other suitable compostable organic materials are target materials for diversion and are commingled in the same bin with greenwasta for weekly collection. The Authority funding must be used for program materials and monitoring, PrOQram Description The City of Dublin (contractor) will arrange for its solid waste franchisee, (service provider), to implement a residential food scrap recycling program. The program will target pre- and post- consumer food scraps, soiled paper, and other suitable compostable organic materials. The compostable organics are to be collected in residential greenwaste containers on a weekly basis, The commingled material will be transferred by the service provider to a designated composting facility permitted to handle such material. The City of Dublin shall designate a composting facility that is suitable to handle organic materials collected through this program. The City of Dublin agrees to abide by the Authority Residential Foodwaste Subsidy Guidelines adopted by the Authority Board, The City of Dublin shall cause to happen the following: · Use the funding provided under this contract for the development and implementation of a residential food scraps recycling program, · Provide an implementation plan that includes a timeline of program activities and budget for the Residential Food Scrap collection program, which will be attached to this contract as Appendix C, · Provide to the Authority accountings of the funds used under this contract for program components including printing, educational materials, pails, and labor/distribution, per Appendix B. Develop and implement a citywide food scraps recycling program including the following: · Develop, produce, and distribute all publicity and/or promotional materials concerning all aspects of the residential food scraps recycling program. Such materials may include press releases, feature stories, public service announcements, brochures, and product literature. · The City shall submit all such materials to the designated Authority representative(s) for review and approval before distribution. The materials shall be submitted to the designated Authority representative(s) a minimum of 30 days prior to production and with ample time to make changes without impacting the distribution date. Authority approval of publicity and/or promotional materials may not be unreasonably withheld, · The turnaround time for Authority review of publicity and/or promotional materials will be approximately 5 business days from receipt. City of DUblin Residential Food Scraps Recycling Program Contract Version: Draft March 24,2005 8 · Acknowledge the Authority (d,b,a, StopWaste.Org) as a funder of the residential food scraps recycling program in all publicity and/or promotional materials. Examples of acknowledgments are shown below: o This project made possible by a grant from StopWasta, Org. o This project funded by StopWaste.Org. o The (grant recipient) gratefu/ly acknowledges the financial assistance of StopWasfe.Org, o' This container/equipment purchased through a granf from Stop Waste. Org. Other acknowledgments may be used upon approval of the Authority, Contact the Authority representative(s) for information about using the Agency's Logo, . Identify a contact person in the City of Dublin who will interact with the designated Authority representative(s) for the development and Authority review of publicity and/or promotional materials concerning the residential food scraps recycling program. · The City of Dublin will assist and coordinate monitoring and/or auditing of the residential food scraps recycling program to determine program participation, The audit will sample sufficient number of accounts to provide data with a statisticai accuracy of 0190% confidence level +/- 3%. Sample data will be forwarded the data to the Authority for analysis. The program shall be monitored quarterly for a period of one year and annually thereafter for two years, · Coordinate with the Authority regarding residential food scraps recycling program follow- up activities, which may include a survey of the residential participants, audits of the service area to determine contamination/participation, quantities diverted and/or program acceptance or other such activities as are deemed appropriate to assess program implementation. · Obtain collection route maps, schedules and weight data as needed from the service provider in order to facilitate monitoring of the residential food scraps recycling program. · Arrange for the service provider to collect and compost (or arrange for composting of) the commingled greenwaste and food scraps under a franchise service agreement with the City of Dublin, · Secure from the service provider and provide to the. Authority weekly and/or monthly historical greenwaste and garbage collection weight data for the year before program start. · Secure from the service provider and provide to the Authority weekly and/or monthly garbage and greenwaste collection weight data during the first year of the residential food scraps recycling program for comparison to historical data, · Prepare a final report, which shall be submitted to the Authority no more than 90 days following the one-year anniversary of the program initiation. The final report shall include the following: An estimate of the quantity of organics diverted from the landfill. The iocation where the compostable organics were processed, A summary of the program implementation. A list of the iessons learned and factors influencing program results, The results of the Authority monitoring program supplied by the Authority. A line by line accounting of the funds disbursed under this contract. City of Dublin Residential Food Scraps Recycling Program Contract V·.., ,"": Draft Marcil 24, 2005 9 The Authoritv is responsible for the following, · The Authority will provide support for the residential food scraps recycling program through funding, coordination, program development assistance, review of publicity and/or promotional materials and monitoring assistance to the contractor and/or its designee, · The Authority retains the right of final approval over all publicity and/or promotional materials produced for and by the contractor for the period of this contract. This right will be exercised with discretion and in cooperation and coordination with the contractor. Approval may not be unreasonably withheld. The approval extends to and includes any prepared press releases, cart hangers, bill inserts, surveys, brochures, magnets, flyers, or other media presentations which promote or report on the City of Dublin residential food scraps recycling program. This does not extend to media interviews, · Turn around time for approval of publicity and/or promotional materials shall be approximately 5 business days from the time of receipt by the designated Authority representative(s). As of the effective date of this contract, the designated Authority representatives are Brian Mathews and/or Robin Plutchok, The Authority will notify contractor of any change to the designated Authority reprèsentative(s). · The Authority is not responsible for graphics design, layout, printing, distribution, implementation, processing, monitoring, or coordination of same. · Authority will assist the City of Dublin monitor the residential foodscraps recycling program by providing technical assistance and the methodology for monitoring participation, · The Authority shall analyze participation data gathered by the City of Dublin and report results of that analysis to the City of Dublin for inclusion in the finai report, Required ProQram Components; 1. A Letter from City of Dublin requesting assistance, 2. This contract signed by all parties, including the Implementation Plan (Appendix C) 3, The number of single family residences that receive weekly greenwaste services and are targeted by this program, (10,000 single family residences are targeted. per email from Jason Behrmann 4"11-05). 4, One year of weekly/monthly historical garbage and greenwaste weight data from the routes targeted by this program, 5. Program must target food scraps and contaminated paper, 6, A monitoring program that is coordinated with the Authority_ 7. A labeled pail for food scraps collection for each single-family residence targeted by this program. 8. Publicity and promotional materials that may include: · Brochures, decals/stickers, door hangers, flyers, bill inserts. · Magnets, cart hangers, coloring books, web-based materials. · Press releases, radio announcements, advertisements, marketing tools. City of Dublin Residential Food Scraps Recycling Program Contract Version; Draft March 24, 2005 10 Appendix B: Contract Payment and Reporting Schedule The Authority and City of Dublin (contractor) agree the following schedule of payment and activities. Funding for this program is based upon the number of single family residences served by a single greenwaste account and the actual cost of developing the program materials, Funding from the Authority for the program is reimbursement for expenses based. The Authority will make an initial payment to initiate the program, The City of Dublin will need to demonstrate "use of funds" for qualified activities to receive additional payments, Qualifying activities include: · Purchase of food-scrap pails, · Development of a food-scrap collection brochure, · Development of a pail label, · Distribution of the above materials. Residential units that share a greenwaste-recycling cart are not eligible for funding, Total Contract Amount not to exceed: $80,000 1. Initial payment of $60,000 is due and payable by the Authority to the Contractor when all of the following have been completed: · The Agreement to which this Appendix B is attached has been fully executed by all parties and approved by the Authority counsel as to form. · All insurance information required by Section 16 of the Agreement to which this Appendix B is attached has been provided and approved · Contractor's Federal Taxpayer ID Number Form (substitute IRS Form W-9) has been submitted. · Receipt by the Authority of one year of weekly/monthly historical garbage and greenwaste data for the targeted program area, . . Receipt of an invoice for $60,000. 2. A payment in the amount up to $20,000 is due and payable to the Contractor on or after January 1, 2006 and upon completion of the following activities (a, b, c, d): a. An accounting of the funds expended under the contract has been submitted to the Authority that shows the actual cost of program development and implementation. Receipts, invoices, or other suitable documentation may show actual program development costs. b. Monitoring data required from audits to date has been provided to the Authority. c. Receipt of an invoice for the additional funds sought from the Authority to cover the cost of implementing the program citywide up to a total of $8/household receiving the service, d. Submittal of Final Report as described in Appendix A, Funding from this contract shall not be used to offset or defray the City of Dublin (contractor) staff time for implementation of the program or monitoring of the program. The Authority may adjust the funding lavel of thIs contract downward based upon actual program implementation costs. In the avent funds distributed to the City of Dublin (contractor) are not usad for program development and implementation, the City of DUblin shall remit remaining funds to the Authority within 60 days of tha final report beIng submitted. Funding from this contract shall not be used for collection, hauling, handling, processing or marketing of diverted food scraps or other compostab/e organics or for tha labor to do the same. City of Dublin Residential Food Scraps Recycling Program Contract Version: Draft March 24, 2005 II Appendix C City of Dublin Food Scrap Program Implementation Plan On Dccember 6, 2004, as part of a competitive bid process, Amador Valley Industries (A VI) was awarded thc contract to provide solid waste, recycling and organics services to theCity of Dublin. As part of the new franchise agreement food scrap will be provided with the residential organics program. The new Food Scrap Program will begin on July I, 2005 along with the other new services. The following is the proposed program implementation plan of the Dublin Residential Food Scrap Program. All public education outreach materials will be developed by Gigantic Idea Studio. Organics Carts Toter Cart Company will be providing the new carts for Dublin residents. A green organics cart with a grecn lid will be available to each residential household in the City of Dublin. New technology has made it possible for the City and A VI to order the organics cart with an in mold label applied. We are using the artwork that was developed by thc ACWMA that describes the ability to place food scrap into what has been known as the green waste cart in the past. We think this constant reminder will increase the participation in the organics program. Carts ordered on March 18, 2005 In Mold OrganicslFood Scrap Decal 11,000 @ $1.50 = $16,500.00 Food Scrap Pails Food scrap pails wj]J be ordered from Rehrig Pacific. Rehrig Pacific will apply the decal to the pail. 10,000 pails @ $4.70/pai $47,000.00 + tax + freight = $52,000 Pail Labels Design and Print $2,700.00 Initial mailer to residents announcing New Recycling and Garbage Services This mailer will include specific information about the new Food Scrap Program. Mailed thc wcek of April 11,2005 125% of overall cost = $1,200.00 Develop Websitc Detailed information explaining how to participate in the food scrap program as well as the benefits of participating will be highlighted on the website. Web site will be iive April 11, 2005 Media Campaign Press releases and program ads wi11 be developed in conjunction with the City of Dublin and Gigantic Idea Studio. Ads wi11 nm during the month of May/June, 2005 Development and Print $1,000.00 How-To Brochure A detailed How-To Brochure will be developed and delivered with the neW carts and pail. The· brochure will provide detailed information on how to participate in the food scrap program. Delivered with carts and pail throughout the month of June, 2005 16% of overall cost: Design and Print $1,500.00 Organics/Food Scrap Recycling Program Begins July 1, 2005 Ongoing Public Education & Outreach Day on the Glen A VI will promote the Food Scrap Program at the Day on the Glen held the last weekend in September. In conjunction with the outreach for the Day on the Glen A VI will place a newspaper ad alerting D\lbJin residents that staff from A VI will be present at the event to answer questions regarding the Food Scrap Program. In addition a promotional handout such as a magnet and or some other trinket will be given to Dublin residents who visit the A VI booth. $1,100,00 Newspaper Ads We fee] that it is very important to remind residents of the new Food Scrap Program. A VI will run the food scrap ads produced by SlopWaste.Org as our budgct allows. $1,000,00 One Year Program Anniversnry To commemorate the one year anniversary of the Dublin Food Scrap Program residents will be sent a maileL This mailer will bc designed to thank residents for their participation as well as encourage those who may have forgotten their ability to participate. $3,000.00 Cost Summary; Or anics Carts Food Scra Pnils Food Sera Pail Labels Initial Mailer Media Cam ai n How-To Brochure Da on the Glen communit ontreaeh News a er Ads One Year Pro ram Anniversa Total $16,500 $52,000 $2,700 $1,200 $1,000 $1,500 $1,100 $1,000 $3,000 $80,000