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517676 RICHARD ANTHONY ASSOCIATES DBA ZERO WASTE A - CONTRACT - RFP - 8103 UNIVERSAL RECYLCING ORDINANCE DEVELOPMENT CON
PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and RICHARD ANTHONY ASSOCIATES doing business as ZERO WASTE ASSOCIATES, hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services for 8103 Universal Recycling Ordinance Development Consulting attached hereto as Exhibit "A", consisting of eleven (11) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence June 1, 2015, and shall continue in full force and effect until December 31, 2015, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed one (1) additional one year period. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 3. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Richard Anthony Associates DBA Zero Waste Associates Attn: Richard Anthony 3891 Kendall Street San Diego, CA 92109 ricanthony@aol.com City of Fort Collins Attn: Caroline Mitchell, Environmental Planner PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. Professional Services Agreement Page 1 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 4. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit B, consisting of one (1) page, attached hereto and incorporated herein. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis in accordance with Exhibit “D”, consisting of three (3) pages, attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Twenty-Nine Thousand Five Hundred Dollars ($29,500.00). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 6. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 8. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. Professional Services Agreement Page 2 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 9. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 10. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision Professional Services Agreement Page 3 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 16. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If Professional Services Agreement Page 4 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services Agreement Page 5 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: RICHARD ANTHONY ASSOCIATES doing business as ZERO WASTE ASSOCIATES By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Professional Services Agreement Page 6 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 5/28/2015 6/3/2015 Rick Anthony Principal EXHIBIT A SCOPE OF SERVICES Initial Task: Confirm the Scope of work Professional’s team will meet by phone with City staff to review the scope of work in the final contract to ensure the same understanding of the scope, project goals and expected outcomes. Professional’s team and City staff will agree on a schedule for the 1st and 2nd Public Open Houses on the first trip of ZWA to Fort Collins. Deliverable: URO development scope of work. Task 1 - Research Professional will research and collect information about communities in the U.S. (minimum 15-20) that have waste reduction/diversion programs or aspects of programs that are relevant to this project. Special attention should be paid to programs that have a competitive private hauling system. Professional will create a written analysis that summarizes this research, including information about sample communities': • PAYT service requirements that apply to single-family homes o outcomes and results, pros / cons, unanticipated consequences that were experienced, and other implementation strategies such as delivering every- other-week trash service • PAYT or other ordinances that apply to commercial and multi-family entities that incentivize diversion o outcomes and results, pros / cons, and unanticipated consequences • Curbside yard debris collection o crucial elements to success, impact made to diversion rates, any unanticipated consequences • Fees on trash bills that are used to help fund municipal waste diversion / zero waste projects o amount charged and allowable uses of fees Task 1 – Research of Existing UROs Professional will research and collect information from a minimum of 20 communities in the U.S. that have waste reduction/diversion programs or aspects of programs that are relevant to this project. Professional has been part of the Zero Waste Brain Trust team that just completed this exact type of research for the USEPA Region 9, highlighting a wide variety of recycling policies and where they have been implemented (highlighted in the many examples provided below)1. 1 Source: www.epa.gov/region9/zw/assesstool/ (case sensitive login: r9TestWeb; password: TestView9) Professional Services Agreement Page 7 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 UROs are in different stages of implementation in different cities. Professional will highlight how different cities have phased in their UROs (e.g., focusing first on the largest businesses, then targeted sectors such as schools and hospitality industry). There are also many different types of mandates and UROs which use different tools to accomplish their goals. Universal Service - Require access to reusables, recyclables and/or compostables collection service for all households and/or businesses and institutions within City (e.g., Austin’s URO requires affected property owners to ensure tenants and employees have access to recycling) Mandatory Subscription for Recycling - Require all households and/or businesses and institutions within the City to sign up for recycling collection service (e.g., Antioch, CA Mandatory Recycling Subscription Ordinance applies to commercial entities; Alameda County, CA Mandatory Recycling Ordinance applies to businesses and multi- family complexes; Fairfax County, VA requires all businesses, institutions, and multi- family building owners to provide a recycling system to their tenants, occupants, employees, or vendors). Mandatory Subscription for Organics - Require all households and/or businesses and institutions that dispose organics within City to sign up for organics collection service (e.g., Alameda County, CA requires that businesses, institutions and owners of multi- family residential buildings provide containers and service for organics (food scraps and compostable paper); Austin, TX URO requires food service enterprises to provide employees access to on-site organics diversion services). Mandatory Source Separation - Require by Ordinance compliance of households or businesses with properly separating reusables, recyclables and/or compostables from refuse (e.g., Cambridge, MA, and Washington, DC mandate all residents and businesses to separate designated recyclable materials from refuse; Alameda County, CA requires businesses and institutions to recycle designated recyclable materials; Fairfax County, VA requires all businesses and institutions to recycle mixed paper and cardboard and residents are required to separate specific recyclable items from trash). Mandatory Recycling Percentage - Require by ordinance that owners of businesses, institutions, or multi-family complexes recycle a specific percentage of solid waste generated (e.g., Portland, OR requires all businesses and multi-family complexes to recycle 75% of the solid waste they produce, including paper and recyclable containers). Mandatory Composting - Require by ordinance compliance of households or businesses with composting and/or properly separating organics from refuse (e.g. San Francisco) The City of San Diego decided to call theirs the City Recycling Ordinance (CRO). This highlights that one of the issues is addressing the messaging around what the City is trying to accomplish through this Ordinance. The Road to Zero Waste Plan suggested calling this effort the Universal Recycling Ordinance (URO), to highlight the focus was in ensuring that all sectors have universal availability of recycling services. However, as noted in the examples above, there are a variety of approaches that can be taken to establishing the rules needed for haulers, processors, and generators of materials to ensure a universally available and used service. Special attention will be paid to programs that have a competitive private hauling system, such as: Austin, Texas; Oakland, CA; Glendale, CA; and San Diego, CA. Fort Collins is somewhat unique among Zero Waste Communities, in that it has relied solely on the private hauling Professional Services Agreement Page 8 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 system to accomplish its goals for residential, commercial, industrial and institutional sectors. Austin, Oakland, Glendale, and San Diego all have open competitive systems for the industrial, commercial and institutional sectors, but residential is collected by the City for each of them. Portland, OR has not adopted a Zero Waste goal, but does require every garbage and recycling company that offers commercial service to offer composting collection. There are also insights that could apply to a Fort Collins URO from looking at other municipal waste and recycling policies. Just a sampling of some of the other types of Ordinances that ZWA will research and analyze include: Pay-As-You-Throw – Fort Collins has used this approach quite successfully, as have about 8,000 other communities across the country. Professional will review examples and resources such as the following to highlight different approaches to PAYT that could be added into the existing PAYT Ordinance: • Case studies of nine U.S. municipalities with successful PAYT programs • EPA’s Pay-As-You-Throw webpage • EPA’s SMART BET calculator • EPA’s Pay-As-You-Throw Rate Structure Design Guide • “Frequently Asked Questions on PAYT”, Skumatz Economic Research Associates, 2008 • “Pay As You Throw (PAYT) in the US: 2006 Update and Analysis”, Skumatz Economic Research Associates, 2006 Recycling Requirements - Require by ordinance that businesses and/or institutions have recycling plans space for recycling and /or trash collection contingent on recycling bin set out (e.g., Pittsburg, CA requires businesses to submit a recycling collection site plan to the City as part of their annual renewal of their Business Licenses; Griffin, GA requires residential recycling, with trash collection contingent on recycling bin set out; Atlanta, GA requires owners of multi-family dwellings to provide containers for the collection of recyclables and to submit an annual report to document recyclables collected) Licensing with Reporting - License all haulers, require recycling and composting and reporting of tonnage collected by categories of garbage, recycling and compost (e.g., Santa Clara, CA) Source Separation Incentives - Enact discounted rates or fees for separating reusables and/or recyclables from trash (e.g., Alameda County, CA adopted a 75% diversion goal and is implementing a number of waste reduction incentives, including paying processors fees per ton of materials processed). Construction and demolition recycling ordinances – There are a several different ways of structuring this. Require permitted projects to achieve a waste diversion percent; charging a deposit for permitted projects, refundable upon permittee demonstrating they achieved the targeted waste diversion percentage; and/or certifying recovery facilities waste diversion levels and permittees documenting they delivered materials to a recovery facility that meets the local goals (e.g., Plano, TX Construction & Demolition Debris Recycling Deposit Program; The Recycling Certification Institute has been set up to certify C&D processing facilities around the country in support of C&D programs designed like that of San Jose, CA). Every-other-week (EOW) trash service - Modify trash collection schedule to every- other-week pickup and, at the same time, add or expand weekly organics collection. To reduce contamination from residences, address diaper and pet waste disposal through education and/or separate pickup. Professional has researched EOW trash services for Professional Services Agreement Page 9 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 the USEPA and for several communities and identified significant benefits from that approach and key challenges that must be addressed. Bans of organics from collection, transfer stations, landfills and/or incinerators (e.g., New York City Commercial Organics Ban; Alameda County, CA Plant Debris Landfill Ban; State and local yard waste bans) Bans of specific recyclables, reusables or toxic materials from collection, transfer stations, landfills and/or incinerators (e.g. Fort Collins ban on corrugated cardboard boxes/packaging from disposal in the landfill for all commercial, industrial, and residential generators and the City’s ban on the landfill disposal of electronics) Zero Waste goals and action plans for all public venues and events (e.g., Boulder, CO requires all events open to the public and held on Boulder Parks and Recreation land to be Zero Waste events and refunds up to $250 per event for the purchase of eligible compostable products or collection and/or education services to be used at a permitted special event located in the City; Every event held in San Francisco is required to offer recycling and composting to comply with the Mandatory Composting and Recycling Ordinance; Austin, TX provides a Zero Waste Event Rebate as a financial incentive to reduce trash sent to landfills) Deliverables: Professional will create a written summary of this research, including information about sample communities’: PAYT service requirements that apply to single-family homes o outcomes and results, pros / cons, unanticipated consequences that were experienced, and other implementation strategies such as delivering every other- week trash service PAYT or other ordinances that apply to commercial and multi-family entities that incentivize diversion o outcomes and results, pros / cons, and unanticipated consequences Curbside yard debris collection o crucial elements to success, impact made to diversion rates, any unanticipated consequences Fees on trash bills that are used to help fund municipal waste diversion / zero waste projects o amount charged and allowable uses of fees Task 2 - Analysis Based on research (Task 1) and in collaboration with City staff to focus on successful strategies that may apply to Fort Collins, Professional will prepare a prioritized list of professional recommendations for developing a Universal Recycling Ordinance that address: • Best options for PAYT service requirements for single-family homes Professional Services Agreement Page 10 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 o Include a description, anticipated outcomes, pros / cons, anticipated cost impact to consumers, metrics to evaluate waste diversion potential, anticipated greenhouse gas emission reductions, and estimated costs for implementation. • Best options for PAYT or other ordinances that apply to commercial and multi-family entities that incentivize diversion o Include a description, anticipated outcomes, pros / cons, anticipated cost impact to consumers, metrics to evaluate waste diversion potential, anticipated greenhouse gas emission reductions, and estimated costs for implementation. • List of key requirements (such as composting infrastructure type and proximity, etc.) necessary for the successful implementation of yard debris collection for all single family home residents. Special attention should be paid to the following factors: • application of the recommendations for single-family home service requirements to Homeowners Associations (HOAs) and incorporation of URO program fees into HOAs' group billing systems. • including an option for every-other-week trash service for single-family home residents • PAYT service requirements for single family homes should be conducive to adding curbside yard debris collection when the service is feasible. • outside influences on local waste diversion programs such as fluctuations in recycling markets. Professional’s research, analyses, and professional recommendations will be used to discuss and evaluate potential amendments to Fort Collins’ PAYT ordinance during the public outreach and involvement phase of the project. Professional will also assist City staff to complete a Sustainability Assessment on project recommendations using City of Fort Collins’ Sustainability Assessment Tool. Task 2 - Analysis Based on the research in Task 1, and in collaboration with City staff, Professional will analyze which strategies would best apply to Fort Collins. Professional has in-depth knowledge of how local and regional governments work. Professional’s team has decades of experience in policy and program development and implementation to provide the City of Fort Collins with the most current, comprehensive best management practice recommendations. Professional will look at how the URO could apply to reusables, recyclables, yard trimmings, food scraps and other compostable organics. Professional will particularly examine how the URO could impact existing public and private reuse and recycling programs. In California, the State adopted a Mandatory Recycling Law statewide (AB341) that requires all major businesses to recycle as of July 1, 2012. To assist CalRecycle in implementing that law, the Institute for Local Government (ILG) developed a sample ordinance communities may use.2 The ILG also developed case studies of jurisdictions that have successfully developed and implemented mandatory recycling ordinances.3 Professional will analyze the lessons learned 2 See: http://www.ca-ilg.org/samplecomrecycord 3 See: www.ca-ilg.org/commercialrecyclingwebinar Professional Services Agreement Page 11 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 from those case studies to help in the analysis of the situation in Fort Collins. Professional worked for the City of Santa Monica and RAA worked for the County of San Diego to help businesses implement AB341 requirements. Through that work, Professional obtained great insights working with businesses and apartment-owners on their concerns with mandatory recycling laws and how best to implement new programs with them. Professional will apply those lessons learned as well to the analysis of the situation in Fort Collins. Deliverables: Professional will prepare a prioritized list of recommendations for developing a URO that address: Best options for PAYT service requirements for single-family homes o changes to the PAYT service requirements to continue to incentivize waste diversion without placing all costs on trash collection, and which may allow haulers to recover more of the costs inherent in collecting recyclable or compostable materials. This was discussed at length during the Road to Zero Waste process. Professional calls this the “Death Spiral” for garbage rates. In a Zero Waste world, there will be little to no trash to recover all the costs through. As a result, Zero Waste communities are exploring innovative rate structures such as: 1) allow haulers to charge for recycling and composting services, but no more than a fixed % of garbage costs, so that there are still financial incentives for recycling and composting or 2) allow haulers to charge for each container serviced (whether a garbage, recycling or composting container). Some communities are also realizing that the rate incentive may not be as important once a mandatory recycling requirement is adopted and enforced. These are some of the options that will be considered for Fort Collins in this analysis. With the dramatic increase in costs for recycling processing in Fort Collins, this is a critical element that must be addressed. o Addition of curbside yard debris collection as an option that trash haulers must offer when the service is feasible. Include list of key requirements (such as composting infrastructure type and proximity, etc.) necessary for the successful implementation of yard debris collection for all single-family home residents. Once the first issue is addressed and some way is found that is acceptable to all parties to allow haulers to recover their costs more fully, then adding additional program requirements will be more tenable, such as curbside yard debris collection and food scraps collection programs. o An option for every-other-week trash service for single-family home residents. GLA found in a key study for USEPA in 20094 that every-other-week trash service was a key tool being used to help shift the costs from trash collection to food scraps collection in a number of communities. Since then, there have been numerous studies highlighting how this is particularly appropriate in climates where there the year-round collection of yard trimmings is not needed. Once a separate weekly 4 See: http://beyondrecycling.org/ Professional Services Agreement Page 12 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 collection for food scraps is established, there isn’t a need to collect “garbage” weekly, as there are no longer putrescibles in the trash. This means a significant savings in hauling costs, if the City allows that in the URO. This could enable the implementation of many innovative programs.. o Application of these recommendations to Homeowners Associations (HOAs) and incorporation of URO program fees into HOAs' group billing systems. One of the challenges for HOAs is how to address individuals not complying with URO rules and program requirements as the group is being billed as a whole. o Professional will include a description, anticipated outcomes, pros / cons, anticipated cost impact to consumers, metrics to evaluate waste diversion potential, anticipated greenhouse gas emission reductions, and estimated costs for implementation. Best options for PAYT or other ordinances for commercial and multi-family entities that incentivize diversion; this could: o Include commercial and multi-family entities in the PAYT ordinance or creation of a separate section of the PAYT ordinance that creates service requirements that incentivize waste diversion for these sectors o Professional will include a description, anticipated outcomes, pros / cons, anticipated cost impact to consumers, metrics to evaluate waste diversion potential, anticipated greenhouse gas emission reductions, and estimated costs for implementation. Best options for PAYT or other ordinances for all single-family and multi-family, industrial, commercial and institutional entities that incentivize diversion Professional will consider a fee on trash haulers’ bills to be passed through to the City to fund Zero Waste projects Special attention will be paid to how to address outside influences on local waste diversion programs such as fluctuations in recycling markets. Professional’s research, analyses, and professional recommendations will be used to discuss and evaluate potential amendments to Fort Collins’ PAYT ordinance during the public outreach and involvement phase of the project. Professional will also assist City staff to complete a Sustainability Assessment on project recommendations using City of Fort Collins’ Sustainability Assessment Tool. Task 3 - Cost Projections Professional will provide a projection of costs for two final selected options -- one that addresses single-family PAYT service requirements and one that addresses business / multifamily PAYT service requirements (staff will collaborate with the consultant to select which final options to model). The model will be submitted in Microsoft Excel and will include: Professional Services Agreement Page 13 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 • Detailed cost projection for first 5 years of implementation • Ongoing projection for 20 years Task 3 - Cost Projections Professional will provide a projection of costs for two final selected options -- one that addresses single-family PAYT service requirements and one that addresses industrial, commercial, institutional and multifamily PAYT service requirements (staff will collaborate with the consultant to select which final options to model). Deliverables; The model will be submitted in Microsoft Excel and will include: Detailed cost projection for first 5 years of implementation and ongoing projection for 20 years of implementation. Task 4 - Public Involvement During the course of the project, Professional will attend at least two (2) public Open Houses hosted by City staff, up to three (3) meetings with the City Council or other community interest groups in Fort Collins, such as the Natural Resources Advisory Board, and at least three (3) meetings with a group of stakeholders convened by staff to provide ongoing input to the project. (Meetings may be timed to occur on same-date schedules for as few as two visits to Fort Collins.) Task 4 Public Involvement As demonstrated through the Road to Zero Waste Plan process, Professional is dedicated to obtaining extensive input from the community throughout the project. It will be important to have a two-way dialog and a lot of interactive discussion, not just presenting information with questions and answers. Professional will schedule trips in June and July to get early public input for 2 days at a time. While Professional is on a trip, we like to schedule as many meetings with local stakeholders as possible. Professional proposes a combination of 2 Public Open Houses on each of the 1st 2 trips, including meetings with City Council Committees, business and community groups, and meetings with individual stakeholders, business and environmental leaders on each of the trips. Professional will work with City staff to determine the targets for these meetings at least 2 weeks before each trip (e.g., reuse, recycling and composting industry representatives, regulators, citizen groups, local businesses, residents, City Boards and Commissions, colleges and universities and farmers). Professional expects to make a 3rd trip to make a presentation to a Council work session in September or October to help staff in presenting the draft URO and responding to Council questions and comments. At least one of Professional’s principals will participate in the first 2 trips and two from the full ZWA Team. One of the ZWA principals will participate in the 3rd trip. Different members of our team will attend based on the focus of the meetings and availability. Professional’s team will work with the City to conduct Public Open Houses to obtain input on the URO and the research about how other communities have addressed different URO issues. Professional Services Agreement Page 14 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 Such Public Open Houses are needed to ensure key stakeholders and influence-leaders in Fort Collins will highlight their concerns and challenges, so that our Team can help draft the URO in a way that it will work best in Fort Collins. This will dramatically increase the likelihood of successful implementation of the URO, as it will represent the best thinking from the entire community. Professional will help prepare invitations and news releases for the City to mail and email to stakeholders encouraging participation in this public process. Professional proposes to use established City connections to promote these efforts, and to include articles in local media and newsletters. The City and Professional may agree on other promotional and outreach strategies during the course of the project that leverage other opportunities and resources or can be covered by other City funds that may be available for direct expenses, such as advertising and printing. Professional recommends four Public Open House meetings. Professional proposes that two evening meetings should be organized for each of our first two trips (in June and July). The meetings in June should focus on the research done on UROs in other communities. The meetings in July should focus on the top recommendations, deeper analysis and metrics for the top recommendations. Professional will ensure that attendees participate to the full extent they desire to identify language and approaches to be included in the URO. Professional will request input from those attending about the research findings and what they would like to see included in the URO in general. The third trip will be to present the Draft Report/Recommendations and to obtain final comments and input from stakeholders, residents and businesses for input into the URO. Professional will help make a presentation of the Draft Report to City Council if budget remains and staff desires. On each trip, Professional’s principals will meet first with City staff to review plans for that trip and coordinate on last minute presentation and logistic details. Professional will also review with City staff issues to be addressed in each of the public meetings to obtain input to help guide the discussion. Professional would like to schedule the first trip to coincide with a Council Committee meeting where Professional will be able to get input directly from the Council on their expectations for this URO. Between trips, Professional will also participate by phone in any other regular meetings of Council, Boards and Commissions or stakeholders requested by City staff. Deliverables: Meet with stakeholders and participate in four Public Open Houses to review research findings and to identify language and approaches to be included in the URO. Hold at least 4 different types of meetings per day on each trip (a minimum of 24 meetings by the end of three trips of 2 days each). Meet with Council on 1st trip if feasible. Coordinate with staff before all public presentations. Additional meetings with Council and Boards/Commissions as requested. Professional Services Agreement Page 15 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 Task 5 - Final Report A final draft report that incorporates staff comments and editing, and which has been written and produced to meet standards for professional publications will be submitted to the City of Fort Collins no later than September 18, 2015, including: • An executive summary not to exceed two pages • A summary of research, analyses, public involvement/input, and cost projections The report shall be submitted in electronic format using Microsoft Word. A final draft must be provided to the City that can be proof-read and readily edited by City staff before the report is published. Professional shall allow at least two weeks to work with City staff to edit report before the report is due. Final formatting will be conducted by City staff to ensure consistency with internal publication standards. Task 5 – Develop a Draft Report and Recommendations Professional will compile all the above components into the Draft Report and recommendations in a format agreed upon with City staff and make it available for public review and comment. On the third trip, Professional will present the Draft Report to Council and the public, and get feedback on changes desired from Council, stakeholders and the public. Deliverables: Draft Report and recommendations for how to structure the URO for Fort Collins for single-family residents, industrial, commercial, institutional and multifamily customers. Professional will assist City staff in the final editing and preparation of staff reports needed to submit the proposed URO for public hearing to the City Council, Boards and Committees. Task 6 - Project Management Professional will ensure that all project tasks are performed on-time and within budget. Professional will coordinate with City staff on a regular basis and return phone calls and emails within 24 hours. Professional will submit invoices on a monthly basis and will submit electronic copies of all reports. Gary Liss will be the primary contact for Professional. Richard Anthony Associates will contract with the City on behalf of ZWA and submit required insurance and invoices. Deliverables: Prompt submittal of all deliverables and administrative documents. Proposed Project Schedule Months from Start Task/Deliverable: 1 2 3 4 5 6 1. Research Existing UROs x x x 2. Public Involvement x x x x x 3. Analyses x x x Professional Services Agreement Page 16 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 4. Cost Projections x x x x 5. Draft Report x x 6. Project Management x x x x x x Professional agrees to abide by schedule changes as needed and agreed to by project manager. Professional proposes the following meeting schedule: Meeting Schedule Months from Start Task/Deliverable: 1 2 3 4 5 6 1. Kickoff Phone Call to finalize Scope and Plans for Public Open Houses x 2. 1st Trip - Conduct 1st and 2nd Public Open Houses x 3. 2nd Trip - Conduct 3rd and 4th Public Open Houses x 4. 3rd Trip - Draft Report presented x Potential Second Project – Regional Planning Fort Collins works collaboratively on regional landfilling, waste reduction and recycling issues with Larimer County, the City of Loveland, Colorado State University, and other neighboring agencies. Potential projects that are being considered include a regional waste plan to evaluate existing infrastructure and programs, and identify service needs that apply throughout the regional waste shed. In the event that the City and/or Larimer County and/or the City of Loveland procure funds for this additional project; this additional Scope of Services will be added to this Professional Services Agreement via contract Change Order process. In addition, the City of Fort Collins allows other Public Agencies the opportunity to purchase off the Award for this Bid, at the option of the Awarded Vendor(s). Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group may contact the awarded vendor(s) with a desire to piggyback on the resulting contract as a cooperative user. Other agencies in particular that have indicated a potential interest in piggybacking on this Professional Services Agreement include the City of Loveland, Colorado, and Larimer County, Colorado. Professional Services Agreement Page 17 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 EXHIBIT B INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. Professional Services Agreement Page 18 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Professional Services Agreement Page 19 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 EXHIBIT D SCHEDULE OF RATES & BUDGET, PROJECT TEAM Hourly Rates: $125 per hour for ZWA Principals and Ruth Abbe; $100 per hour for Stacy Guidry Estimated Hours by Task: Task Hours1 1. Finalize Scope & Format 6 2. Public Involvement 42 3. Research Existing UROs 34 4. Analysis 32 5. Cost Projections 28 6. Draft Report 39 7. Project Management 20 Total Hours 201 Total Labor Cost $24,750 Total Expenses (travel) $4,750 Total Project Cost $29,500 1 Includes time required for meetings and conference calls Professional Services Agreement Page 20 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 Proposed Project Team Staffing Plan Mr. Liss will provide project management and oversee implementation of the project. He will manage the subcontractors to provide the desired services and deliverables within budget and on time. Mr. Anthony will be the contracting authority for ZWA (Professional) and will be responsible for adhering to all contract requirements as the prime contractor. Mr. Anthony will submit all invoices and be responsible for all financial accounting for this project. Mr. Liss and Mr. Anthony will work together on research and analysis of UROs. Mr. Liss will be lead on the development of the Draft Report. Ms. Abbe will be the lead responsible for cost projections and will assist on research and analysis of UROs and preparation of the Draft Report. Ms. Guidry will highlight key issues encountered in the development of the Austin URO, and respond to questions about those issues and how they were handled. Staff Responsibilities Task Lead Assist 1. Finalize Scope & Format Gary Liss Richard Anthony 2. Public Involvement Gary Liss Rick Anthony 3. Research Existing UROs Gary Liss Richard Anthony 4. Analysis Richard Anthony Gary Liss 5. Cost Projections Ruth Abbe Gary Liss, Rick Anthony 6. Draft Report Gary Liss Rick Anthony 7. Project Management Gary Liss Richard Anthony (and will execute contract on behalf of ZWA) TX Zero Waste Strategies Stacy Guidry President Austin URO experience Abbe & Associates Ruth Abbe Research on Ordinances Economic & Technical Analyses ZERO WASTE ASSOCIATES Gary Liss, Gary Liss & Associates Primary Contact & Signatory Richard Anthony, Richard Anthony Associates Professional Services Agreement Page 21 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 Level of Effort/Hours by Task Task Staff Hours 1. Finalize Scope & Format Gary Liss, Richard Anthony 6 2. Public Involvement Gary Liss, Rick Anthony, Ruth Abbe, Stacy Guidry 42 3. Research Existing UROs Gary Liss, Rick Anthony, Ruth Abbe, Stacy Guidry 34 4. Analysis Gary Liss, Rick Anthony, Ruth Abbe, Stacy Guidry 32 5. Cost Projections Ruth Abbe, Gary Liss Rick Anthony 28 6. Draft Report Gary Liss, Rick Anthony, Ruth Abbe, Stacy Guidry 39 7. Project Management Gary Liss, Rick Anthony 20 City Staff Support Professional will require the assistance of City of Fort Collins staff to complete this work. The primary assistance needed will be in arranging meetings and tours with stakeholders, Council, Boards and Public Open Houses. The schedule also assumes that City staff will respond within 7-14 days with review and comments of deliverables, depending on the length of the document. Professional Services Agreement Page 22 of 22 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/01/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: (858) 642-0200 Fax: (858) 642-0205 CONTACT ALL COMMERCIAL INSURANCE SERVICES, LLC. NAME: 6790 TOP GUN STREET #3 SAN DIEGO CA 92121 PHONE (A/C, No, Ext): (858) 642-0200 FAX (A/C, No): (858) 642-0205 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Agency Lic#: 0C64552 INSURER A : SENTINEL INSURANCE COMPANY, LIMITED INSURED RICHARD ANTHONY ASSOCIATES 3891 KENDALL STREET SAN DIEGO CA 92109 INSURER B : CONTINENTAL CASUALTY COMPANY INSURER C : INSURER D: INSURER E : COVERAGES CERTIFICATE NUMBER: 3324941 INSURER F : REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 72SBAUW7221 04/28/15 04/28/16 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurence) $ 1,000,000 X Broad Form/PD MED. EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 72SBAUW7221 04/28/15 04/28/16 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 ANY AUTO BODILY INJURY (Per person) $ DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90 $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE (per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED EXCESS LIAB RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER STATUTE OTH- ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $ B Professional Liability EEA288351815 05/19/15 05/19/16 Limit: 1,000,000 Deductible 5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Fort Collins, Colorado, a Municipal Corporation, is included as Additional Insureds with respect to the General Liability. The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after *10 day notice for non-payment, thirty (30) days written notice for all other causes has been received by the City of Fort Collins.6 CERTIFICATE HOLDER CANCELLATION CITY OF FORT COLLINS Attn: Purchasing Dept. PO BOX 580 FORT COLLINS, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Attention: Caroline Mitchell, Environmental Planner ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD © 1988-2014 ACORD CORPORATION. All rights reserved. DocuSign Envelope ID: AA98F660-B391-44F5-9503-5E57BB568F90