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CC - Item 4F – Recovered Organic Waste Products Procurement Services – Award of Contract to AgrominROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: OCTOBER 8,2024 SUBJECT: RECOVERED ORGANIC WASTE PRODUCTS PROCUREMENT SERVICES — AWARD OF CONTRACT TO AGROMIN an -u I. 1_ Senate Bill (SB) 1383, the Short -Lived Climate Pollutant Reduction Act, was passed by the California State legislature and signed by Governor Brown in 2016. It established statewide targets to reduce the disposal of organic waste and mitigate the effects of climate change by reducing methane emissions. In accordance with SB 1383, local jurisdictions are required to procure a specified amount of recovered organic waste products annually. A Request for Proposals (RFP) was posted to the City's P1anetBids vendor portal on August 7, 2024. Four proposals were received on August 21, 2024. Staff reviewed the proposals for general qualifications, relevant experience, proposed staffing, pricing, proposed approach, responsiveness, and references. Staff is recommending that the City Council authorize the City Manager to execute a thirty-three (33) month agreement through June 30, 2027, with the option for up to two one-year extensions, with Agromin for Recovered Organic Waste Product Procurement Services in the amounts of $40,560.20 for CY 2024, $59,876.20 for CY 2025, $62,792.51 for CY 2026 and 2027, for a total approved contract amount of $226,022. BACKGROUND SB 1383 aims to divert 75% of organic waste from the landfill by 2025. When organic waste is placed in landfills, the anaerobic breakdown of the material creates methane gas, which is 84 times more potent than carbon dioxide. Therefore, the recycling of organic waste can significantly reduce methane emissions and is one of the fastest ways to reduce the effects of climate change. In accordance with Article 12 of the SB 1383 regulations, jurisdictions must annually procure a specific amount of recovered organic waste products such as compost, mulch, or renewable natural gas from anaerobic digestion. This requirement is intended to spur the development of compost processing and anaerobic digestion infrastructure in the State, which is necessary for cities and counties to comply with the full SB 1383 regulations and achieve targeted reductions in methane. In 2022, Assembly Bill (AB) 1985 was signed into law, allowing for a two-year phase-in period AGENDA ITEM 4.F City Council Meeting October 8, 2024 Page 2 of 6 (30% of target for 2023; 65% for 2024) for cities to meet their required procurement targets. Local governments now have until January 1, 2025, to fully implement their city's procurement targets. CalRecycle has set the City's annual procurement target at 4,338 tons of recovered organic waste product, or 2,516 tons of compost, a calculation that is based on Rosemead's 2021 population estimate per the California Department of Finance (54,229). Under the phased approach of AB 1985, the City must procure 1,636 tons of compost (65% of Annual Procurement Target) in 2024, and 2,516 tons of compost (100% of Annual Procurement Target) in 2025 and beyond. For reference, the full annual procurement target of 2,516 tons or 6,291 cubic yards of compost would fill over 56,000 wheelbarrows (1 cubic yard of compost equates to 9 fully loaded standard wheelbarrows; therefore, 6,291 cubic yards of compost equates to 56,619 fully loaded standard wheelbarrows). Due to the large volume of compost that must be procured, Rosemead lacks sufficient locations within city limits to store the necessary amount to meet the full target. Staff have conducted research into different locations within the City where the compost could be utilized including landscaping for parks and other public spaces, community gardens, local schools, and community giveaway events. After exploring all options within Rosemead, staff have identified the following City uses (Table 1). The amount of compost to be delivered to the City has been secured and can increase or decrease depending on the City's needs. Tahre 1 _ nverview of City Ilse% for Comnnst/Mulch City Uses for Recovered Organic Waste Products Uses Estimated Amount of Frequency Material Compost Giveaway Events 30 CY Twice per year compost Local School (Rosemead High School) 10 CY Once per year mulch City Landscaping 20 CY Monthly compost The SB 1383 regulations allow for jurisdictions to meet their procurement targets through a Direct Service Provider (DSP), or "entity that provides service or services to a jurisdiction pursuant to a contract or other written agreement" [14 CCR Section 18993.1(e)]. For example, a jurisdiction can enter into an agreement with an agricultural entity to utilize the compost on behalf of the City. By entering an agreement with a compost processor and/or broker, any compost not used in the jurisdiction can be procured and delivered to a local farm or DSP to meet SB 1383 requirements. The compost delivered to the DSP would be utilized for agricultural purposes, soil conditioning, and carbon sequestration—the main benefits sought under the regulations of SB 1383. This option has been pursued by cities including City of Ventura, City of Gardena, City of Eastvale and many more. The DSP agreement option is the most affordable and efficient manner to comply with the City Council Meeting October 8, 2024 Page 3 of 6 State requirements should a jurisdiction not be able to utilize the total procurement target amount within their boundaries. ANALYSIS On August 7, 2024, staff posted an RFP to the City's PlanetBids vendor portal. On August 21, 2024, the City received four proposals. A summary of each firm is provided below: Aeromin Agromin is California's largest compost producer, with extensive experience managing organic materials for over 200 jurisdictions, highlighting their strong qualifications and relevant experience. Their operations include 25 pre-processing and composting facilities, 19 of which are in Southern California, making them well-positioned geographically. Agromin's proposed staffing includes a dedicated account manager to coordinate directly with City staff, ensuring a streamlined approach to service delivery. They have developed valuable partnerships in the agriculture community, enhancing their approach to establishing DSP agreements. Agromin's pricing is competitive, offering a not -to -exceed cost of $226,022 that includes delivery to the City and DSP. Their proposed approach emphasizes technology-based solutions, including an online portal for ordering and tracking compost drop-offs. Overall, Agromin's proposal is well -aligned with the scope of services outlined in the RFP. North Hills Recycling North Hills Recycling is a family-owned business based in Los Angeles County, operating a composting facility in the City of Lancaster with a capacity of 12,500 cubic yards. They bring a wealth of experience in waste management and recycling, though their overall qualifications are constrained by their limited facilities and smaller capacity compared to larger vendors. Their staffing is small but competent, consisting of five employees who are well-qualified to manage compost procurement services. However, their approach lacks the breadth of service found in other proposals, as they did not address DSP agreements and focused only on delivering compost to the City. North Hills Recycling did not provide a comprehensive cost proposal, offering a unit price of $15 per ton for delivery to the City only, which affected their pricing evaluation. The company's responsiveness to the RFP and approach were noted as weaker areas due to the absence of a DSP agreement and a less detailed proposal. Synagro Synagro specializes in managing municipal organics, with composting facilities located across North America, including four facilities in California. Their qualifications are supported by decades of experience and a well-rounded staff with expertise in engineering, operations, and contract management. Synagro's approach includes delivering compost to City properties and utilizing remaining compost for local agriculture, supporting SB 1383 compliance. However, their proposal did not include a not -to -exceed cost, and their pricing is on the higher side. In addition, they are only offering compost but no mulch services, which limited their scope compared to other vendors, as they did not bid for the delivery of mulch to Rosemead High School. Synagro's proposed approach is solid, providing detailed reporting for compliance, though it lacks a focus on City Council Meeting October 8, 2024 Page 4 of 6 DSP agreements. Synagro's references from large jurisdictions add credibility, but their proposal did not meet the full scope of services outlined in the RFP. Zero Foodprint Zero Foodprint offers a unique approach with their Compost Connector program, designed to match compost supply with farm and ranch demand, thereby helping jurisdictions meet SB 1383 requirements. Despite being a newer organization established in 2021, they have already secured contracts with over 24 jurisdictions and have demonstrated rapid growth in compost procurement activities. Zero Foodprint's staffing includes professionals with expertise in environmental science, policy advocacy, and community engagement, which aligns well with the City's goals. They provided a comprehensive cost proposal with a not -to -exceed amount of $227,448 including delivery to the City and DSP, though their pricing was higher than other firms. The company's approach includes an online portal that tracks procurement and compliance, facilitating transparency and goal monitoring for the City. While Zero Foodprint provided three references, they were primarily from jurisdictions outside the immediate area, which may impact localized service understanding. Table 2 — Cost Comnarison of Proposals The proposals were reviewed for general qualifications, relevant experience, proposed staffing, pricing, proposed approach, responsiveness, and references. Based on the evaluation, staff recommend that Agromin be awarded the contract as they were determined to be the lowest, most qualified and responsive bidder. Agromin is a California-based company with the most years of experience managing DSP agreements for over 200 jurisdictions to help them meet their procurement requirements. They also have the highest number of composting facilities in the State, making them familiar with local services and ensuring that there is enough capacity to procure the amount of compost needed to meet the City's full procurement target. In addition, Agromin has established relationships with multiple agricultural partners and is familiar with the State regulations regarding DSP agreements. The proposed 33 -month term professional services agreement with Agromin guarantees that Rosemead will achieve its state -mandated procurement targets. A multi-year agreement also Agromin North Hills Recycling Synagro Zero Foodprint Pricing for Material $31 per ton $15 per ton $36.90 per ton (excludes delivery to $72.58 per ton Delivery to City local school) Pricing for Material $21.95 per ton Not Provided $19.60 per ton $21 per ton Delivery to DSP Total Not -to -Exceed $226'022 Total Cost Not Total Cost Not $227448 I I Cost Specified in Proposal Specified in Proposal The proposals were reviewed for general qualifications, relevant experience, proposed staffing, pricing, proposed approach, responsiveness, and references. Based on the evaluation, staff recommend that Agromin be awarded the contract as they were determined to be the lowest, most qualified and responsive bidder. Agromin is a California-based company with the most years of experience managing DSP agreements for over 200 jurisdictions to help them meet their procurement requirements. They also have the highest number of composting facilities in the State, making them familiar with local services and ensuring that there is enough capacity to procure the amount of compost needed to meet the City's full procurement target. In addition, Agromin has established relationships with multiple agricultural partners and is familiar with the State regulations regarding DSP agreements. The proposed 33 -month term professional services agreement with Agromin guarantees that Rosemead will achieve its state -mandated procurement targets. A multi-year agreement also City Council Meeting October 8, 2024 Page 5 of 6 ensures that the City will have access to recovered organic waste products throughout the duration of the agreement at a fixed rate. This is important, as there is limited availability of approved organic waste products needed for all jurisdictions in California, securing these products at the current rate may become increasingly difficult as more cities begin to meet their procurement targets. Agromin's qualifications, competitive pricing, and commitment to providing comprehensive reporting will help to ensure that the City will be fully compliant with all applicable state laws and regulations set forth by CalRecycle. On May 9, 2023, the City Council approved the inclusion of an SB 1383 Fee in the Solid Waste service rates for the City's franchise agreement with Republic Services. This fee, collected through the hauler, supports the City's solid waste management, administration, procurement and oversight efforts required for SB 1383 compliance. The fee provides sufficient funding within the Fiscal Year 2024-25 budget to support the contract services with Agromin for recovered organic waste products procurement. STAFF RECOMMENDATION It is recommended that the City Council 1. Authorize the City Manager to execute a thirty-three (33) month agreement with Agromin for Year One (October 8, 2024 to June 30, 2025) not to exceed amount of $100,436.40, a Year Two (July 1, 2025 to June 30, 2026) not to exceed amount of $$62,792.51, and a Year Three (July 1, 2026 to June 30, 2027) not to exceed amount of $62,792.51 for a contract total in the amount of $226,022, with the option for up to two one-year extensions which will be at the City Manager's determination to extend on behalf of the City Council, based on services provided. 2. Authorize the Director of Public Works to approve recovered organic waste product orders on behalf of the City of Rosemead. FISCAL IMPACT Funding for Recovered Organic Waste Product Procurement Services is available within the adopted Fiscal Year 2024-25 Budget including $90,000 in SB 1383 Funds. ENVIRONMENTAL REVIEW This item is not defined as a project under the California Environmental Quality Act (CEQA); therefore, the proposed item is not subject to CEQA. STRATEGIC PLAN IMPACT None. City Council Meeting October 8, 2024 Page 6 of 6 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: &�e -r/� Arlene Tieu Administrative Analyst Submitted by: — uxV e*�� i Alberteung Acting Director of Public Works Attachment A: Professional Services Agreement (Agromin) Attachment B: Request for Proposal No. 2024-26 Attachment C: Agromin Proposal Attachment D: Zero Foodprint Proposal Attachment E: Synagro Proposal Attachment F: North Hills Recycling Proposal Attachment A Professional Services Agreement with Agromin PROFESSIONAL SERVICES AGREEMENT RECOVERED ORGANIC WASTE PRODUCTS PROCUREMENT SERVICES (AGROMIN) 1. PARTIES AND DATE. This Agreement is made and entered into this 8th day of October, 2024 (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and AGROMIN with its principal place of business at 201 Kinetic Drive, Oxnard, California 93030 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing recovered organic waste products procurement services to public clients, is licensed in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render Recovered Organic Waste Products Procurement Services ("Services) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Recovered Organic Waste Products Procurement services necessary for the City, herein referred to a "Services". The Services are more particularly described in Exhibit "A" attached hereto and AGROMIN Page 2 of 10 incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from Effective Date through June 30, 2027 with the option for up to two (2) one-year extensions at the sole and absolute discretion of the City, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of the Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. AGROMIN Page 3 of 10 3.2.5 City's Representative. The City hereby designates the City Manager, Ben Kim, or his designee, to act as its representative for the performance of this Agreement ('City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultants Representative. Consultant will designate Cody Cain, or his designee, to act as its representative for the performance of this Agreement ("Consultants Representative"). Consultants Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultants Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultants failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. AGROMIN Page 4 of 10 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit"B" attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to'avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement. The total compensation for Year One (October 8, 2024, through June 30, 2025) shall not exceed One Hundred Thousand Four Hundred Thirty -Six Dollars and Forty Cents ($100,436.40), for Year Two (July 1, 2025, through June 30, 2026) shall not exceed Sixty -Two Thousand Seven Hundred Ninety -Two Dollars and Fifty -One Cents ($62,792.51), and for Year Three (July 1, 2026, through June 30, 2027) shall not exceed Sixty -Two Thousand Seven Hundred Ninety -Two Dollars and Fifty -One Cents ($62,792.51), with the total contract compensation not to exceed Two Hundred Twenty -Six Thousand Twenty -Two Dollars ($226,022.00). Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws'), which require the payment of prevailing wage rates and the performance of other requirements on "public works' and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such AGROMIN Page 5 of 10 Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultants principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final paymeht under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: AGROMIN Page 6 of 10 CONSULTANT: Agromin 201 Kinetic Drive Oxnard, CA 93030 Attn: Cody Cain Tel: (805) 850-8797 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Ben Km, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.9.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data'). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing fumished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the AGROMIN Page 7 of 10 Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attomey's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action. 3.5.6 Indemnification: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the AGROMIN Page 8 of 10 successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any AGROMIN Page 9 of 10 present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. j 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] AGROMIN Page 10 of 10 CITY OF ROSEMEAD Ben Kim, City Manager Attest: Ericka Hernandez, City Clerk Approved as to Form: Rachel Richman City Attorney AGROMIN BY: WLZ/ DateSignature Date Name: -//Lt- 01A-nii0)11-(7 Print Date C90 [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By a Name:��iU �.prctSD,� Date Title: L FL-) EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL Proposal for SB 1383 Procurement Solutions City of Rosemead 44 10' y Y V-1 ZZ V AV � SM g -... ' Rooted in Tomorroly �* California Compost" Powered by `, AG RO M I N° August 19, 2024 City of Rosemead Attn: Arlene Tieu 8838 E. Valley Blvd Rosemead, CA 91770 RE: Proposal for Recovered Organic Waste Products Procurement Services Dear Ms. Tieu, On behalf of California Wood Recycling, Inc. dba Agromin, I am pleased to offer our statement of qualifications to manage the procurement requirements for the City of Rosemead. Agromin, a corporation, was founded in 1972 and began processing and recycling organic waste in 1993. With over 30 years of experience managing organics, Agromin has since expanded its operations to manage organic materials for more than 200jurisdictions throughout California. In addition to managing its own facilities, Agromin also markets and distributes compost for its strategic partners to facilitate the successful movement of products to market with the goal of promoting healthy soils throughout the state and West Coast. As the state's largest organic materials producer, Agromin assists jurisdictions with their SB 1383 procurement requirements. We believe true sustainability starts with the ground right under our feet. We work to help fulfill the sustainability initiatives of jurisdictions and our customers by providing high quality compost and composted mulches that help to protect the soil and conserve precious resources. In addition, with our innovative platform, CaliforniaCompost.net, all tracking and recordkeeping requirements are completed for full compliance with SB 1383. Agromin currently brokers compost for many jurisdictions, where we have both the compost production facilities and existing customer outlets to utilize compost on behalf of the City of Rosemead. Agromin is supremely qualified in providing the goods and services required to perform this work. I, Bill Camarillo, CEO of Agromin, bill@agromin.com, am authorized to contractually bind Agromin for these services. Best Regards, Bill Camarillo CEO, Agromin 201 Kinetic Drive I Oxnard I California 193030 IT/805-485-9200 1 F/805-485-9233 1 www.agromin.com Table of Contents Section 1. Approach, and Scope of Work 1.1 Compost Distribution Program 1.2 Procurement Scenario 1 1.3 Procurement Scenario 2 Section 2. Project Team, Key Personnel and Resumes Section 3. Company Qualifications 3.1 List of all Agromin Operations in California by County 5 7 7 8 9 2 3 3.2 Experience 4 Section 4. References 5 4.1 The Agromin Value 6 4.1 Product Sheet 7 Section 5. Standard City Contract and Insurance Requirements_ 11 5.1 Reporting Form Example 13 Section 6. Addenda Acknowledgement 14 r ` {J ' t •'�"` r r :i •fir' �' , • •00, _,b' • Yi' , . "We believe that true sustainability starts r-,- with the ground right under our r. y .. feet. If properly nurtured, our soil has the power to heal the earth and provide us .all with the healthy food and vegetation we -, ;' ' - �4 need to thrive. Inspired by the power of nature - •` and enhanced by modern science, our high- quality soil products help manage organic waste and protect our precious natural resources. The `s result is an innovative solution that balances both ecology and economics to cultivate r" i a planet that is truly sustainable - one container, one community and one 'city at a time." 'Y'T - Bill Camarillo, CEO, % Agromin ' 04 R " a 30% Please Print on Post Consumer Content Recycled Paper Section 1. Approach, and Scope of Work 1. Agromin to deliver the following services as part of assisting the City's compliance with SB 1383 purchase requirements: a. License to access CaliforniaCompost. net Customer Portal where all records of completed transactions are stored, tracked, and formatted according to CalRecycle requirements. b. Partial fulfillment of City's 2024 SB 1383 Procurement volumes. c. Delivery of materials within City limits for use by the City for: i. City-wide compost/mulch give- away program (3.1— Procurement Scenario 2) H. Compliant compost product to be provided (4.1— Product Sheet) d. Assistance in identifying Direct Service Provider(s) to receive delivery of compost/mulch in volumes necessary for the City's compliance. i. Compliant Compost & Mulch products ii. Agreement between Direct Service Provider and Jurisdiction e. Production of all required paperwork for CalRecycle reporting to be found in the Jurisdiction Reports on the Cal iforniaCompost.net website: i. Solid Waste Handling permit ii. Qualified compost with authorized lab test results complying with Title 14, STA, and OMRI certifications iii. Spreadsheet detailing all purchases, where it was used and what it was used for Login Credentials to be issued 2. Pricing for products available to the City: a. Compost 100— $15/Ton (1 ton= 2 Cubic Yards) b. Composted Cover Mulch- $60/Ton (1 ton= 4 Cubic Yards) c. Delivery calculated per destination. (3.1 & 3.2 -Procurement Scenarios) d. Agromin will provide to the City two cases of lemons and two cases of avocados quarterly delivered to the destination of choice (Such as a food pantry or community event). 3. Terms: a. Launch date October 8, 2024 b. Terminating June 30, 2027 L Purchase order with the City of Rosemead will remain open until all invoices have been received by the City and processed. `I AGR0MIN Qualifications for Procurement Services • Page 5 ee IM f k ❑CT • :, TT Scan the QR Code to Visit our Website! iL fYf.4rn4w M1:..n,. rrrr..r.T r.tl.vw..Wa:.re r..•rr.r�r�,rr - rr.r.errr�.r . arsrww+rr . rar.rrr+r. r.rr M1rw r.e. a 30% Please Print on Post Consumer Content Recycled Paper �t a s Jurisdictional Analysis Qualified Products Brokering Services Californ Powered by AGROMIN Think organic Heal the planet cations for Procurement Services as Page 6 a 30% Please Print on Post Consumer Content Recycled Paper 1.1 Compost Distribution Program Project Duration: October 8, 2024—June 30, 2027 Agromin offers two approaches to meet SB 1383 compliance, where the total cost of services is provided below. Agromin will utilize both options overthe course of the calendaryear and has secured a not to exceed cost for the City. 1.2 Procurement Scenario A Agromin will make arrangements with Direct Service Providers (DSP) that are willing to receive compost or composted mulch and are in immediate proximity to Agromin's composting facility. The City would pay for the compost and/or composted mulch subsidy and for the minimal cost to transport/handle the compost/composted mulch to the DSP site. Regular bulk DSP deliveries The Procurement Scenario will include regular deliveries of full semi -trucks to Direct Service Provider (DSP). O Compost 100 costs $20 per ton delivered years 2024, 2025. Compost 100 costs $21 per ton delivered years 2026, and 2027. The increase in compost pricing reflects anticipated CPI increases. Scenario A 2024 1,636 $20 NA 9.75% $21.95 $35,910.20 2025 2,516 $20 NA 9.75% $21.95 $55,226.20 2026 2,516 $21 NA 9.75% $23.05 $57,987.51 2027 2,516 $21 NA 9.75% $23.05 $57,987.51 Total Scenario A: $207,111.42 ` `�AGROMIN Qualifications for Procurement Services • Page 7 qO 30% Please Print on Post Consumer Content Recycled Paper 1.3 Procurement Scenario B Agromin's other SB 1383 Procurement Services that can be discussed include the following: ✓• The City could require contractors working with public agencies to use Agromin's compost and mulch, or equivalent, in local projects. Agromin would provide competitive pricing that would be based on the project volume and product needed. +• The City could market Agromin's finished products to its residents on their website, in outreach and education mailings, and to schools and institutions within the City. Reaular bulk deliveries within the City The Procurement will Include regular deliveries of full truckloads to the City of Rosemead • $150 per delivery inside City limits. • Location and frequency: Garvey Community Center (2/year), Rosemead High School (1/year), Rosemead and Garvey Parks (12/year). • Yearly: 300 CY of Compost 100 and 10 CY of Composted Cover Mulch delivered to City of Rosemead (15 deliveries) Scenario B 2024 300 10 $2,400 15 $150 $2,250 9.75% $15.00 $4,650 2025 300 10 $2,400 15 $150 $2,250 9.75% $15.00 $4,650 2026 300 10 $2,555 15 $150 $2,250 9.75% $15.50 $4,805 2027 300 10 $2,555 15 $150 $2,250 9.75% $15.50 $4,805 $18,910 Total Cost for Scenario A and Scenario B (2024-2027): $226,022 AGROMIN Qualifications for Procurement Services • Page 8 10 30°% Please Print on Post Consumer Content Recycled Paper California Compost CaliforniaCompost.net Platform Access There is password protected access to CaliforniaCompost.net, Agromin's Jurisdiction e- commerce platform. Cities can: • Online ordering and scheduling • 24/7 Online access to account • 8:00 — 4:30 M -F, 8-12 Saturday- Customer Support with dedicated Agromin staff assigned to City account • Quarterly and Annual updates on City's progress toward City's purchase targets • Jurisdiction Reports Vault with all required documents for CalRecycle reporting • Access to be provided upon signed Agreement *CalRecycle Calculations as per SB 1383, Article 12 Interested in a free procurement consultation and access to the Customer Portal? ,j California Pwmd by Submit the form below and an Agromin Compost . AGPOMIM• representative will reach out. timtll Username a""O L.w x... Password el,..p a.m FI -M Section 2. Project Team, Key Personnel and Resumes Resumes are available on the following pages. AGROMIN Qualifications for Procurement Services • Page 9 ® (805)485-9200 M bcamarilloCcDagromin.com O 201 Kinetic Dr. Oxnard, CA 93030 ® (805)485-9200 Q davenagromin.com Q 201 Kinetic Dr. Oxnard, CA 93030 ® (805) 850-8797 V Cody@agromin.com Q 201 Kinetic Dr. Oxnard. CA 93030 W 30% Please Print on Post Consumer Content Recycled Paper BILL CAMARILLO Agromin CEO ROLES & RESPONSIBILITIES Bill Camarillo remains passionate after 28 years in the industry as the leader of one of the largest organics recyclers in California and the United States. He plays a key role in pioneering sustainability through organic waste conversion. RELATED PROJECTS • Limoneira Company I Organics Recycling 12004 - Present • Mountain View Organic Waste Processing Facility 12019 - Present • Simi Valley Recycling Center 12018 - Present DAVE GREEN Chief Operating Officer ROLES & RESPONSIBILITIES Dave is responsible for transforming over 1.2 million annual tons of organic material into finished products including renewable energy. He has leveraged his expertise to position Agromin for growth while maintaining a balance between environmental compliance and business opportunities. RELATED PROJECTS • Facilitator I City of Santa Barbara Food Waste Composting • Limoneira Company I Organics Recycling 12004 - Present • Agromin OC Chino Green Materials Composting CODY Executive Vice President of Sales & Marketing Cody has spent over 15 years involved in environmental and energy projects for alternative fuels, solar, oil, natural gas, carbon credits and biogas. Cain has coordinated four IPOs, founded fifteen companies and raised over $120 million for energy-related projects in the U.S. and Europe. RELATED PROJECTS • Web and market development for Agromin soil products • Rollout of California Compost Web Portal for organic waste procurement • Biogas Marketing and member of the international panel of biogas .4, AGROMIN Qualifications for Procurement Services • Page 10 ® (805)807-0677 u mike gnagromin.com Q 201 Kinetic Dr. Oxnard, CA 93030 ® (805)889-8406 u Craig@agromin.com O 201 Kinetic Dr. Oxnard, CA 93030 66 a30% Please Print on Post Consumer Content Recycled Paper MIKE ZWERNER General Manager ROLES & RESPONSIBILITIES Mike is responsible for managing over 300,000 tons of organic waste annually as well as managing Agromin's key strategic partners. Mike is responsible for all aspects of the organics business including operational, regulatory as well as developing programs and partnerships to distribute organic products. RELATED PROJECTS • Interthinx I Senior Vice President of Business Development • Homestore Inc. I Vice President of Sales and Marketing • Realtor.com I Managed more than 500 employees CRAIG CAMPBELi Organics Recycling and Compost Management ROLES & RESPONSIBILITIES Craig is responsible for managing the Jurisdiction accounts in Southern California and assisting with the management of a number of Agromin's compost facilities in the South. RELATED PROJECTS • Facility Management for Mid Valley Disposal • Operations Manager with Republic Service • VP of Rainbow Environmental Services We would like to thank Dave Green and Agromin... for continuous and reliable great service. No matter what the job or task... deliveries have always been on time and product quality has never been an issue. Thank you for always making it happen for us and we look forward to continuing to work with you in the future. 11 -American Landscape * AGROMIN Qualifications for Procurement Services • Page 11 0 a30% Please Print on Post Consumer Content Recycled Paper Section 3. Company Qualifications Agromin has over 30 years of experience managing organics and has grown into California's largest compost producer. Agromin currently manages organic materials for more than 200 jurisdictions throughout the state. In addition to operating its own facilities, Agromin also markets and distributes compostfor its strategic partners to facilitate the successful movement of products to market with the goal of promoting healthy soils throughout the state and West Coast. Headquartered in Oxnard, CA, Agromin employs 180 individuals throughout California. Additionally, we have 25 pre-processing and composting facilities throughout the state. Agromin Facilities and Material Brokering Operations Yolo Sacramento a iolano Contra Sano Costa Joaquin i .y " tameda lAotcad Santa Clara 0 N San Benito Kam Key QAgromin Operated Facilities ❑ Material Brokering Arrangements San Bernardino Santa Ventura .Los Angeles Barbara (� Q �' .Q Q 4.a Riverside San Diego Agromin is supremely qualified to meet these services due to our numerous strategic partnerships in the agriculture community as described in Section 1.2, Experience. `JAGROMIN Qualifications for Procurement Services • Page 2 a 30% Please Print on Post Consumer Content Recycled Paper 3.1 List of all Agromin Operations in California by County . pa Vperatcr 1-acility Flame FacilityType Technology City / County California Wood Recycling Highway 59 Organics Recycling Facility Composting dba Agromin Calabasas Landfill Organics Recycling Pre -Processing --- Agoura, Los Angeles California Wood Recycling Scholl Canyon Landfill Organics Agromin OC dba Agromin Recycling Pre -Processing -- Glendale, Los Angeles California Wood Recycling Agromin-Bowles Green Material Composting CASP (Negative Air) dba Agromin Composting Composting Windrow Dos Palos, Merced California Wood Recycling West Valley MRF Composting GORE (Positive Air) Fontana, San Highway 59 Organics Recycling Facility Composting Windrow Merced, Merced dba Agromin Agromin-Limoneira Ag Material Agromin OC Seal Beach Naval Weapons Station Composting Windrow Seal Beach, Orange Burrtec Waste Industries Ague Manse MRF Composting CASP (Negative Air) Riverside, Riverside Burrtec Waste Industries Coachella Valley Compost composting Windrow Coachella, Riverside Burrtec Waste Industries Edom Hill Compost Composting GASP (Negative Air) Cathedral City, Agromin Premium Soil Products Composting Windrow Riverside California Wood Recycling Agromin-Van Vleck Ranch Agricultural Blending Rancho Murrieta, California Wood Recycling Agromin-Limoneira Ag Composting Composting Windrow dba Agromin Composting Operations Composting Windrow Sacramento California Wood Recycling Sacramento, dba Agromin Elder Creek Transfer Station Pre -Processing -- Santa Paula dba Agromin Mountain View Organic Waste Sacramento California Wood Recycling Agromin-Enviro-Services Ag Compost Pre -Processing --- Oxnard, Ventura Composting Windrow Hollister, San Benito dba Agromin Operation Agromin OC Ontario Green Materials Ontario, San Agromin OC Composting Windrow Composting Bernardino Agromin Ontario Green Material Ontario, San Agromin-Burrtec LLC Composting Windrow Composting Bernardino Victorville, San Burrtec Waste Industries Victor Valley Compost Composting CASP (Negative Air) Bernardino Burrtec Waste Industries West Valley MRF Composting GORE (Positive Air) Fontana, San Agromin Yolo Land &Cattle Chip and Grind Chip and Grind Bernardino California Wood Recycling Agromin-Limoneira Ag Material California Wood Recycling Composting Windrow Cadiz, San Bernardino dba Agromin Composting Operation Composting Windrow Oxnard, Ventura Agromin OC Agromin OC Oceanside Green Materials Composting Windrow Fallbrock, San Diego California Wood Recycling Corto Olive Commercial Organics Manufacturing/ Agromin Premium Soil Products Composting Windrow Lodi, San Joaquin dba Agromin Processing Operation Blending California Wood Recycling Agromin Yolo Land &Cattle Chip and Grind Chip and Grind Dixon, Solano dba Agromin California Wood Recycling Agromin Organics Recycling Composting Windrow Oxnard, Ventura dba Agromin California Wood Recycling Manufacturing/ Agromin Premium Soil Products Bagging Plant Oxnard, Ventura dba Agromin Blending California Wood Recycling Agromin-Limoneira Ag Composting dba Agromin Operation Composting Windrow Santa Paula California Wood Recycling dba Agromin Simi Valley Landfill Organic Recycling Pre -Processing -- Santa Paula California Wood Recycling Mountain View Organic Waste dba Agromin Processing Facility (Planned) Pre -Processing --- Oxnard, Ventura `JAGROMIN Qualifications for Procurement Services 9 Page 3 a 30% Please Print on Post Consumer Content Recycled Paper 3.2 Experience The key to Agromin's success is its agriculture partners that have come to rely on Agromin's certified products. Through these relationships, Agromin distributes compost statewide. We ensure each aspect of the organic recycling process is managed to the highest degree, where our focus is on producing high-quality and marketable products. We understand that our partner jurisdictions must meet specific compliance mandates. For this reason, we utilize the right technology to ensure the successful collection and pre-processing of organic materials. We focus on technology-based solutions that allow us to help jurisdictions comply with regulations and produce viable, marketable products for a range of end -uses. A snapshot of our agricultural partners is included here that demonstrates our wide-ranging outlets for compostable products. *, AGROMIN LIMONLIRA Sustainability Looped: Limoneira is committed to being a catalyst for positive change In 2004, Limoneira Company continued its agricultural entrepreneurial spirit by partnering with Agromin to create an innovative organic recycling program. Limoneira and Agromin developed a 10 -acre facility on Limoneira land to receive green materials (lawn clipping, leaves, bark plant materials) from throughout Ventura County. The material is converted into mulch that is spread in Limoneira orchards to curb erosion, improve water efficiency, reduce weeds and moderate soil temperatures. CJORJT'O Corto is determined to protect ecosystems and ensure the healthiest soils. Corto delivers the freshest, most antioxidant -rich olive oil white actively working toward a more sustainable future for California agriculture. From grove to mill to Flavorl-ock- box, we are committed to protecting and preserving our most precious resources and local ecosystems while systematically reducing waste. From planting crops that encourage indigenous pest -fighting insects to installing owl boxes. Corto continues to experiment with alternative modes of pest control. We are taking concrete steps to keep emissions from greenhouse gasses like CO2 as low as possible thanks to our use of solar power combined with our high -efficiency planting method, and Flavorl-ock' bag -in -box packaging, which has been shown to have the lowest Global Warming Potential when compared to other packaging altematives. AGROMIN Qualifications for Procurement Services • Page 4 0 30% Please Print on Post Consumer Content Recycled Paper Section 4. References Agromin has provided procurement services for 25+ jurisdictions. The services for all below references include: Transporting compost to farms and ranches on behalf of the jurisdiction. Ensuring the Direct Service Provider (DSP) agreement is signed and includes all reporting information for SB 1383 compliance. :t All jurisdictions have a portal on our Cal iforniacom post.net website where their reporting documents are stored. 0 If desired and feasible, the jurisdictions can order compost through the website to be used within their jurisdiction, though not all have an interest in that service. These services are directly related to the requested scope of services for the City of Rosemead. 1. Arriana Rabago, Environmental Specialist, City of Ventura 0 501 Poli Street, Ventura, CA 93001 V arabaao@citvofventura.ca.aov ® (805) 652-4584 2. Simone Blackwell, Environmental Compliance Analyst, City of Eastvale Q 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752 ►�/ sblackwell@eastvaleca.aov ® (951) 361-0900 3. Hong Lee, Program Coordinator, City of Gardena l0 1700 West 162nd Street, Gardena, CA 90247 V hlee( city-ofgardena.ora ® (310) 217-9500 4. Sarah Vaira, Environmental Specialist Supervisor, City of Folsom V 50 Natoma St, Folsom, CA 95630 V svaira@Folsom.ca.usisvairaC@folsom.ca.us ® (916) 355-7200 AGROMIN Qualifications for Procurement Services • Page 5 a30% Please Print on Post Consumer Content Recycled Paper 4.1 The Agromin Value Unlike other competitors, Agromin has a unique focus on end use compost markets. Typically, commercial composting operations focus on the processing of feedstock to reduce L{ .�r waste volumes, which is appropriate. However, Agromin's Ikti„�. approach is slightly different. The process is important, but i j Agromin is intent on creating a high-quality product instead. � �' � % �73r . Focusing on the end-user of the compost allows Agromin to produce soil amendments that align with their needs. �.�.. Agromin is a manufacturer of compost, but the soil amendments that are produced from that compost far surpass industry standards. Agromin's operations comply with the following quality programs Q CDFA — California Department of Food and Agriculture • Purpose—Organic Input Material Registration and Labeling of Product. G OMRI —Organics Material Research Institute • Purpose—Organic Listing compliance. G GAP/GHP Certification • Purpose— Food Safety. • California Leafy Greens Marketing Agreement (LGMA) • Purpose— Food Safety. a LGMA Compliant • Purpose — Food Safety for leafy greens. • U.S. Composting Council (USCC) • Purpose — Compost content and its soil products are clean and safe. C USCC Seal of Testing Assurance (STA Compost) • Purpose —To ensure transparency of compost products. • In addition, all of our facilities follow laws and regulations published by CaIRecycle, California Air Resources Board (CARB), and State Water Resources Control Board (SWRCB). o�RECp�! O M R I+Composting U V cOuln 1 cdfa Seal o/ Testing �!~�S Assurance gTER\P For Organic Use OMl.org AGROMIN Qualifications for Procurement Services • Page 6 a 30% Please Print on Post Consumer Content Recycled Paper 4.1 Product Sheet Agromin serves more than 25,000 customers in the four industry categories: agriculture, landscape, retail, and homeowners. By having such a diversified clientele, we stand apart from other composters for our expansive material outlet opportunities. GG Agromin is a leader in our community that has placed sustainability at the forefront of its operations. - City of Ventura S� Our varied markets show that we are a trusted source for organic premium soil products that support sustainability. The information provided is for Agromin's OMRI Listed COMPOST 100® and Agromin's Composted Cover Mulch®, which are great soil amendments for around the house since it contains no animal materials or biosolids. Agromin's OMRI Listed COMPOST 100® and Composted Cover Mulch® are "clean green," made from recycled plant materials. GG Agromin has been great in furthering our sustainability objectives in Santa Barbara. - City of Santa Barbara ' a AGROMIN Quatifications for Procurement Services • Page 7 California Compost COMPOST 100 The recycled "clean green" soil amendment Agromin's OMRI Listed COMPOST 100 may be used in certified organic production or food processing and handling according to the USDA Program rule. Agromin's OMRI Listed COMPOST 1001 is a great soil amendment for around the house, since it contains no animal materials or biosolids. Agromin's OMRI Listed COMPOST 100® is "clean green," made from recycled plant materials. GENERAL USES APPLICATION RATE SQUARE FEET ► 100 Depth of 1" .5 Cubic Yards Depth of 2" .75 Cubic Yards Depth of 3" 1Cubic Yards FARMStCHESFRUrt TREES& ORa. 500 1000 1.5 Cubic Yards 3Cubic Yards 3Cubic Yards 6Cubic Yards 5Cubic Yards 10 Cubic Yards TO USE ONLINE VOLUME CALCULATOR AND TO PLACE AN ORDER. SCAN CODE OR VISIT AGROMIN.COM: Application rates range from 1 " to 3" deep depending on whether use is new application or used for maintenance. ny�memeenauy"eraiepera<q "aawa.a compomblemareria6 haid�iy oparati"n onc�iiry as oWmed '.n Sxtron i JB51;aM121 of rbe SB 1383 Regu6tbns. 9„ AGROMIN Qualifications for Procurement Services • Page 8 California Compost COMPOSTED COVER MULCH l00% Recycled, Top Dressing, Wood Mulch ES -2 Mulch is ideal for cooling the root zone, reducing moisture loss, controlling erosion and preventing weed growth. ES -2 is perfect for all orchard applications and public works as it is Environmentally Safe (ES) and meets California Department of Transportation specifications. Uniform in size ranging from minus to 2", ES -2 Mulch is an environmentally sound way to add a finishing touch to any landscape. APPLICATION RATE SQUARE FEET ► 100 500 1000 Depth of 1" .5 Cubic Yards 1.5 Cubic Yards 3 Cubic Yards Depth of 2" .75 Cubic Yards 3 Cubic Yards 6 Cubic Yards Depth of 3" 1 Cubic Yards 5 Cubic Yards 10 Cubic Yards TO USE ONLINE VOLUME CALCULATOR AND TO PLACE AN ORDER, SCAN CODE OR VISIT AGROMIN.COM: Application rates range from 1"to 3"deep depending on whether use is new application or used for maintenance. Agrnnnmrnne,,,Jgenernapenlingsbmmnii; conpombla..A haMing opennx or lardM uouN' d in Section V 8521a%121 of 1�a 581383 Ilegularons AGROMIN Qualifications for Procurement Services • Page 9 f a • KEEP INTEGRATE I LIVESTOCK TANG CONTEXT OF YOUR FARM OPERATION w 1 MAXIMIZE CROP UIb ERI ITl "Regenerative Agriculture" describes farming and grazing practices that, among other benefits, reverse climate change by rebuilding soil organic matter with the use of compost and biochar to restore degraded soil biodiversity. This process draws carbon into the soil while simultaneously improving the water cycle. Lawrence Livermore Labs released a report, which featured natural climate solutions in which compost and biochar are used to sequester carbon into soils leading to carbon neutrality by 2045. These programs are noted as the most cost-effective climate solutions at a cost of only $11 per metric ton of carbon dioxide. By contrast, the California Air Resources Board (CARB) regulatory offset price is about $29 per metric ton. Natural climate solutions are estimated to result in negative emissions of 21.6 million metric tons of CO2 per year which will be needed in order to get to carbon neutral by in 2045. These solutions require participation of the agriculture industry that have vast land assets throughout California. Integrating compost into regular growing practices will mitigate environmental impacts from farming, as well as capture carbon within the soil. �:Q MAINTAIN LN ROOT YEAR -RC'.: The Climate Action Reserve develops voluntary GHG offsets and is working on a Soil Enrichment Protocol, which will provide a strong basis for CARB's regulatory protocol. These programs allow the industry to mon- etizing carbon negative emissions and helps provide some incentives for the use of compost at agricultural sites. Compost production and use is now viewed as an important part of moving the State toward carbon neutrality. The January 2019 Draft California 2030 Natural and Working Lands Climate Change Imple- mentation Plan looks to double down on compost and mulch use by adding 31,000 to 62,000 acres each year through 2030. Additionally, the plan is to increase mulching on cropland at a rate of 10,400 to 20,800 acres per year. According to new research, soil could act as a significant carbon sink, holding up to three times as much carbon as is found in the atmosphere. Farmer across the State need, education, funding and technical support to integrate compost and mulch into their regular farming practices. Dirt can save the Earth and make the planet more resilient, provided that increasing quantities of recycled organics (such as compost, mulch, and biochar) are reintroduced to the world's soils each year. Dir.K'Nil Qualifications for Procurement Services 9 Page 10 a 30°% Please Print on Post Consumer Content Recycled Paper Section 5. Standard City Contract and Insurance Requirements Agromin has reviewed the attached Standard City Contract and Insurance Requirements and will comply with all aspects of the Agreement. Agromin would like the City to consider the flowing notes and exceptions to the contract. 1. Section 3.3.5 Prevailing Wages This text is duplicated in the Contract 2. Section 3.5.1.1 Grounds for Termination: City may, by written notice to Contractor, terminate the whole or any part of this Agreement effective for the next calendar year at ..R. t4me Rd without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, .t least seven ;� days befeFe the Agromin often schedules compost procurement for jurisdictions months in advance. Should the City terminate the contract mid -year, Agromin may have already committed procurement tonnage for the City, which it will be unable to fulfill for our customers. 3. Section 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers for all claims related to the scope of services defined in this Agreementthat arise out of any alleged acts, omissions or willful misconduct of the Contractor. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding that are a result of any alleged acts, omissions or willful misconduct of the Contractor. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. `JAGROMIN Qualifications for Procurement Services • Page 11 40 30% Please Print on Post Consumer Content Recycled Paper Agromin will indemnify the City against any items related to Agromin's failures 4. Insurance Requirements, Part 10: Contractor agrees to ensure that subcontractors who hold a contract with the Contractor, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. Agromin will implement this with subcontractors who hold contracts with Agromin. AGROMIN Qualifications for Procurement Services • Page 12 a 5.1 Repomng Form Example `f AG R O M I N Agromin Compost and Mulch Procurement Reporting Form m�otoq.rt rawr.n CartoobraMam0o(a anebhtea wm bwtr bPefm andnpnoesnatlmmttr PwAgt000WtwV?lkut*Wnl. &*a* b(Nwe orlunbe2bl comoct ma'Iparn lew affn mml. ContacOcrinformauon: Compost and MuU PM&,ef InbrMbon: cww..y.a.mo.s.ac..r.�,..ego,m�v�rrrwurmsr.w.t�ra.was.w:xc m..o..see..,..arrw.aewasurpwwlrweewr.aeerwwas mrno..�.esm rr�te..yoiry erw mm.mans.rro,.w.m.+mxn�wafm+o.svmrman.+wrawres.rr+ad.wwlw..wumm�.�r..m.s...+..r.m.wrr®rar trw.u.w.►rnaarw+mva n...rmnti su.u. amrw.. `I AGRONI N Qualifications for Procurement Services . Page 13 Section 6. Addenda Acknowledgement Agromin acknowledges there have been no addenda issued by the City of Rosemead. AGROMIN Qualifications for Procurement Services • Page 14 a T tipLOW 1 9' �Rootedin Tomorrow AGROMIN EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract' language will not be accepted. Business Auto Coverage on ISO Business Auto Coverage form CA 00 0 t including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 combined single limit per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Contractor or Contractor employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Contractor shall obtain and maintain an umbrella or excessliability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Requirements not limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance -Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an AM Bests rating of A- or better and a minimum financial size M. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in K.61 -MIM scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor `s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. AGROMIN 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. ACO ® CERTIFICATE OF LIABILITY INSURANCE MMIDDri DAM9/19/2024 09/,9/2024 THIS CERTIFICATE IS ISSUED ASA 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 have ADDITIONAL INSURED provisions or 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 Assured Partners of California Ins Services, LLC 196 S. Fir Street P.O. BOX 1388 Ventura CA 93002-1388 CONTACTRichard Martinez plc No Ert: (805) 585-6147 arc No: (805) 585-6147 E-MAIL nohard.martinez@assuredpartners.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC If INSURER A: AIG Specialty Ins Co 26883 INSURED California Wood Recycling, Inc. DBA: Agromin 201 Kinetic Drive Oxnard CA 93030 INSURER B: National Union Fire Ins Co of Pittsburgh, PA 19445 INSURER C: Old Republic Ins Co 24147 INSURER D: INSURER E: 1 INSURER F: rnvPRArFC CERTIFICATE NUMBER. 2425 GLIAU/XSIVYU REVISION NUMBER: THIS IS TO CERTIFY THATTHE 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 CONTRACTOR 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. INR LTR TYPE OF INSURANCEADDLULKIR INSD D POLICY NUMBER POLICY EFF MNDD POLICY EXP MMIDD LIMITS COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR PREMISES Ea P.,Tance $ 300,000 MEDEXPIAn one parson) $ 25.000 PERSONAL B ADV INJURY $ 1.000,000 A Y Y EG6684087 07/27/2024 07/27/2025 GEN'LAGGREGATE LIMIT APPLIES PER'. GENERALAGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG s 2,000,000 POLICY ❑ PRO- ® LOC ECT $ OTHER 1 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 1,000,000 Ea adodent BODILY INJURY (Par pe5rn7 $ ANY AUTO B OWNED SCHEDULED AUTOS ONLY AUTOS HIRED XAUTOS ONLY AUTOS ONLY Y 148-16-501 07/27/2024 07/27/2025 BODILY INJURY Per arodam) $ Parr acaaeDAMAGE $ S UMBRELLALIAB X OCCUR EACH OCCURRENCE s 4,000,000 AGGREGATE $ 4,000,000 A EXCESS ERB CLAIMS -MADE EGU6684089 07/27/2024 07/27/2025 DED I X1 RETENTION $ 0 s 1 C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE El OFFICERNEMBER EXCLUDED' (Mandatory In NH) NIA Y MVJC 307760-24 07/01!2024 07/01/2025 PER OT14 STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EAEMPLOYEE $ 1.000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS W1. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) GL: Certificate Holder, its officials, employees and agents are Additional Insured as respects to operations of the Named Insured per form 142245082021. GLIAU: This Insunince is Primary to any other Insurance per forms (GL) 141641062021 &(AU) CA00011013. GL/AU1VyG A Waiver of Subrogation is added in favor of the Additional Insured per fors (Gi 1432960921, (AU) CA04441013 S (WC) WC0403060484. Endorsements apply only as required by current written contract on file. CCRT!E1r ATE HOLDER rANCPI l Arid ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Rosemead ACCORDANCE WITH THE POLICY PROVISIONS. 8838 E. Valley Blvd., AUTHORIZED REPRESENTATIVE Rosemead CA 91770 / A )ii ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD General Liability: EG6684087 technical reports, laboratory data, field notes, expert reports, investigations, data collected, invoices, regulatory correspondence, or any other documents relating to such emergency response costs. Applicable to All Coverages Failure to timely notify us of (i) an occurrence or an offense which may result in a claim, (ii) emergency response costs under Coverage D-3 or Coverage E-5 or (iii) a claim or suit shall not automatically invalidate coverage under this Policy; provided, however, that all of the following conditions are met: a. Timely notice must have been inadvertently provided to another insurer; and b. Notice must be provided to us as soon as possible once you become aware that such notice was inadvertently provided to another insurer; and c. Such subsequent notice to us must not, in our sole discretion: (i) materially prejudice our defense or claims handling of any claim or suit; or (ii) materially increase our costs for any claim or suit. Solely as respects Coverage D, in any event, notice must be provided to us during the policy period or during the extended reporting period, if applicable. 3. Legal Action Against Us No person or organization has a right under this Policy: a. To join us as a party or otherwise bring us into a suit asking for damages from an insured; or b. To sue us on this Policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, and the claimant or the claimant's legal representative. 4. Other Insurance Applicable to Coverages A, B and E If other valid and collectible insurance is available to the insured for damages or loss we cover under Coverages A, B or E of this Policy, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described below. However, regardless of whether b. below applies, in the event that a written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agreed to insure and such person or organization is an insured under this Policy, we will not seek contributions from any such other insurance issued to such person or organization. b. Excess Insurance This insurance is excess over: 141641 06/2021 Page 32 of 48 C16500 ENDORSEMENT NO. 5 This endorsement, effective 12:01 AM, July 27, 2024 Forms a part of Policy No: EG 6684087 Issued to: CALIFORNIA WOOD RECYCLING, INC. By: AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - COVERAGES A, B AND E - DESIGNATED PERSON(S) OR ORGANIZATION(S) ENDORSEMENT Solely as respects Coverages A, B and E, SECTION II - WHO IS AN INSURED is amended to include as an insured the person(s) or organization(s) shovvn in the Schedule below, but only with respect to bodily injury, property damage, personal and advertising injury, environmental damage or emergency response costs caused in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your work; or B. In connection Wth your premises owned by or rented to you. SCHEDULE Name of Additional Insured Person(s) or Organization(s): BLANKET BASIS WHERE REQUIRED BY WRITTEN CONTRACT All other terms, conditions, and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE or countersignature (in states where applicable) 142245 (08/2021) PAGE 1 OF 1 C16555 ENDORSEMENT NO. 12 This endorsement, effective 12:01 AM, July 27, 2024 Forms a part of Policy No: EG 6684087 Issued to: CALIFORNIA WOOD RECYCLING, INC. By: AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ENDORSEMENT It is hereby agreed as follows: SECTION IV - CONDITIONS, Paragraph 7. Transfer of Rights of Recovery Against Others to Us - Applicable to Coverages A, B, C and E is amended by the addition of the following at the end of such subparagraph: We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make under Coverage A, B, C and E for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. This waiver applies only to the person or organization shown in the Schedule below. SCHEDULE Name of Person or Organization: BLANKET BASIS WHERE REQUIRED BY WRITTEN CONTRACT All other terms, conditions, and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE or countersignature lin states where applicable) 143296109/21) PAGE 1 OF 1 C16603 Auto: 148-16-501 b. Under Covered Autos Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to determine the "insured's" liability. 4. Loss Payment — Physical Damage Coverages At our option, we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our ex- pense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically pro- vide the additional coverage as of the day the revision is effective in your state. person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5. Otherinsurance a. For any covered "auto" you own, this Coverage Form provides primary insur- ance. For any covered "auto" you don't own, the insurance provided by this Cov- erage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final pre- mium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. 4. No Benefit To Bailee — Physical Damage b. If this policy is issued for more than one year, Coverages the premium for this Coverage Form will be We will not recognize any assignment or computed annually based on our rates or premiums grant any coverage for the benefit of any in effect at the Page 8 of 11 ©insurance Services Office, Inc., 2011 CA 00 01 10 13 ❑ POLICY NUMBER: 148-16-501 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CALIFORNIA WOOD RECYCLING, INC. DBA AGROMIN HORTICULTURAL PRODUCTS Endorsement Effective Date: 07/27/2024 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS REQUIRED BY WRITTEN CONTRACT TO PROVIDE A WAIVER PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 pinsurance Services Office, Inc., 2011 Page 1 of 1 ❑ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) POLICY NUMBER: MWC 307760 24 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. PERSON OR ORGANIZATION AS REQUIRED PER CONTRACT SPECIFICATIONS TO THE EXTENT ALLOWABLE BY LAW DATE OF ISSUE: 07/01/24 % of the California workers' compensation premium SCHEDULE JOB DESCRIPTION @1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual@ 1999. Attachment B Request for Proposal No. 2024-26 CITY OF ROSEMEAD REQUEST FOR PROPOSAL NO. 2024-26 RECOVERED ORGANIC WASTE PRODUCTS PROCUREMENT SERVICES SUBMITTALS: Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by PlanetBids at: https://pbsystem.planetbids.com/portal/54150/portal-home Proposals shall be submitted through the PlanetBids Vendor Portal no later than August 21, 2024, at 10:30 am CONTACT PERSON: Arlene Tieu, Administrative Analyst City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 (626) 569-2249, atieu@cityofrosemead.org TO PARTICIPATE IN THIS REQUEST FOR PROPOSAL, PROPOSER'S MUST CREATE AN ACCOUNT ON PLANETBIDS OR LOG IN TO AN EXISTING ACCOUNT, PROPOSALS MUST BE RECEIVED ELECTRONICALLY VIA PLANETBIDS. PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE CONSIDERED. Please direct any questions or concerns regarding this Request for Proposal (RFP) on the City's PlanetBids Vendor Portal no later than August 12, 2024, at 5:00 pm. Answers to submitted questions will be posted on the City's website and PlanetBids. This RFP is posted on the City's website and Vendor Portal Hosted by PlanetBids at: https:Hpbsystem.planetbids.com/portal/54150/portal-home Please review the requirements of the RFP and submit your proposal by the date specified. Issued by: Danielle Garcia, Public Works Fiscal and Project Manager City of Rosmead RFP No. 2024-26 Page 1 CITY OF ROSEMEAD REQUEST FOR PROPOSALS FOR RECOVERED ORGANIC WASTE PRODUCTS PROCUREMENT SERVICES RFP NO. 2024-26 A. OBJECTIVE The City of Rosemead ("City") requests proposals from qualified individuals or firms (individually, a "Respondent" and collectively, "Respondents") for Recovered Organic Waste Products Procurement Services, as part of Senate Bill 1383 Implementation Project ("Project"). B. BACKGROUND OF THE CITY The City of Rosemead is an urban suburb located in the San Gabriel Valley, 10 miles east of downtown Los Angeles. It is bounded on the north by the cities of Temple City and San Gabriel, on the west by Monterey Park, Alhambra, and the unincorporated Los Angeles County community of South San Gabriel, on the south by Montebello, plus by EI Monte and South EI Monte on the east. The City is 5.2 square miles in size. Rosemead is a working-class suburb with a diverse population base. According to the 2020 Census, the City had a population of 51,185. C. SCOPE OF SERVICES Summary. The City requires Recovered Organic Waste Products Procurement or Brokering ("Services") to meet the City's Senate Bill No. 1383 ("SB 1383") requirement for annual procurement target of compost. Compost is to be delivered to the City for use in City -owned property landscaping, local school(s), and events. Any remaining compost is to be sold by Respondent, to a Direct Service Provider (as defined by SB 1383), (farmers or ranchers) to be applied to crops in California to take advantage of the regional carbon sequestration benefits of compost application. Respondent will provide all necessary reporting to allow the City to be fully compliant with all applicable State Laws and CalRecycle requirements. The City anticipates that it will award a contract for services through June 30, 2027, with an option to renew for up to two (2) successive one (1) year extensions thereafter. Form of Agreement. A copy of the City's standard Professional Services Agreement ("Agreement') is attached hereto as Exhibit B and incorporated herein. By submitting a proposal, the Respondent agrees to enter into the RFP No. 2024-26 Page 2 Agreement using the attached form with no exceptions to the form of the Agreement. iii. Scope of Services. The required Scope of Services is attached hereto as Exhibit A and incorporated herein. By submitting a proposal, the Respondent represents that it is fully qualified and available to provide the Services as set forth in the Scope of Services, and that it agrees to provide those Services as specified if it is awarded the Agreement, which will attach and incorporate the Scope of Services. D. PROPOSAL SUBMISSION The proposal shall be submitted in the following format: 1. A cover letter summarizing the proposal. 2. A statement of qualifications. 3. Three (3) references. 4. Your company's project approach. 5. Cost proposal — provide a cost for all line items. Electronic proposals will be accepted as follows: Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by PlanetBids at: https:Hpbsystem.planetbids.com/portal/54150/portal-home Proposal submittal due date is: August 21, 2024, at 10:30 am. Late Proposals will not be accepted. I�-i411*6111I ].FY9:1X111" The City plans to adhere to the following procurement schedule to the extent possible. Changes to the procurement schedule shall be at the sole option of the City. Table 1, on the following page provides the major milestones of this RFP process. RFP No. 2024-26 Page 3 Procurement Schedule Activity Date RFP Released August 7, 2024 Last Day to Submit Questions August 12, 2024 Proposals Due August 21, 2024 Tentative Council Approval and Award September 10, 2024 F. STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS City's Standard Services Agreement is provided as Exhibit B. Please review and provide any comments you have. City does not guarantee that any revisions to contract will be accepted. G. EVALUATION PROCESS & SELECTION METHODOLOGY The City will evaluate the Proposals submitted and select the most qualified contractor. In evaluating the Proposals, the City may consider the following factors: • General qualifications 1-15 points • Relevant experience 1-15 points • Proposed staffing 1-15 points • Pricing 1-15 points • Proposed approach 1-10 points • Responsiveness 1-10 points • References 1-10 points • Interview (if requested) 1-10 points H. PROPOSAL REQUIREMENTS Each proposal must be submitted in compliance with the requirements of this RFP. Each proposal must respond to the items listed below. Clarity and brevity are preferable to volume. Do not attach brochures or promotional materials to the proposal. Cover Letter: Provide an executive summary of your proposal. Table of Contents: Provide contents of proposal with page number references for each proposal section listed below. RFP No. 2024-26 Page 4 Section 1. Approach, and Scope of Work: Provide your understanding of the project, scope of work, and describe your approach in providing services. Section 2. Project Team, Key Personnel and Resumes: Provide an organization chart showing the names and responsibilities of key personnel and subconsultants. Provide resumes of all key personnel identified in the organization chart. Section 3. Company Qualifications: Provide qualifications of your firm, emphasize similar services provided, and local experience. Section 4. References: Provide 3 Public Agency references for similar projects. Section S. Standard City Contract and Insurance Requirements: Proposers shall review the attached Standard City Contract and Insurance Requirements and provide a statement that they will comply with all aspects of the Agreement or provide any comments that they would like the City to consider. Section 6. Addenda Acknowledgement: If any Addenda is issued by the City, they shall be acknowledged in this section. Cost Proposal: Contractor must provide a not -to -exceed cost for the items listed in the Scope of Services (Exhibit A). I. SELECTION AND AWARD PROCEDURES Recommendation of Award It is the City's intent to award a single contract to the contractor that can best meet the requirements of the Request for Proposals document. The City reserves the right to award a contract to multiple contractors or a single contractor or to make no award, whichever is in the best interest of the City. Negotiation After selection by City, the successful Contractor will meet with City to review its Proposal, to reconfirm that the Proposal conforms to all minimum requirements established herein, to clarify any items contained herein, and to determine if the Contractor is aware of any ambiguities, inconsistencies, conflicts, errors or omissions in this RFP. If the final negotiation of the Contract, with the highest ranked Contractor, is not successful, the City reserves the right to terminate the negotiations and begin negotiations with the next highest ranked Contractor. This right shall be continued until a satisfactory Contract can be negotiated or until the City elects to reject all Proposals. RFP No. 2024-26 Page 5 J. CITY'S RESERVATION OF RIGHTS City reserves the right to determine, in its sole discretion, whether any aspect of a Proposal satisfactorily meets the criteria established in the RFP and the right to seek clarification or additional information from any Contractor submitting a Proposal. City also reserves the right to modify any documents at any time prior to receiving Proposals and to reject any or all Proposals; to extend the submission due date for the Proposals; to modify, amend, reissue or rewrite this RFP. In the event the RFP is withdrawn by City or if City does not proceed for any reason, City shall have no liability to any Contractor or any other entity for any costs or expenses incurred in connection with the preparation and submittal of a Proposal. The City reserves the right to hold discussions and/or negotiations with any of the Contractors in furtherance of the City's evaluation of any Proposal and execution of a contract with a Contractor. The City will hold these discussions and/or negotiations in a fair and impartial manner and will not communicate any confidential information from Contractor. In the event that any questions arise from such discussions and/or negotiations that require clarification to or modification of the design criteria or performance requirements, the City will issue an addendum to all Contractors. The City reserves the right to waive any informality or irregularity in a Proposal submitted. A Proposal may be considered non-responsive if: • Significant elements requested in the RFP are not provided. • The Proposal fails to meet all mandatory program and performance requirements of the RFP. • The Proposal is conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the Proposal. All Proposals submitted by Contractors and any other correspondence in connection therewith will become the exclusive property of the City and will become public records under the California Public Records Act (Government Code Section 6250 et seq.). The City will have no liability to any Contractor or other party as a result of any public disclosure of any Proposal or the Contract. K. PROTEST PROCEDURES This section sets forth the protest remedies available with respect to the RFP. Each prospective consultant, by submitting its Proposal, expressly recognizes the limitation on its rights to protest contained herein, and expressly waives all other rights and remedies. Each prospective consultant agrees that the decision on any protest, as provided herein, will be final and binding on the protestant. RFP No. 2024-26 Page 6 All protests and related statements described in this section shall be submitted to: City of Rosemead -City Hall 8838 E. Valley Blvd. Rosemead, CA 91770 Attn: Ericka Hernandez, City Clerk L. PRE -CONTRACTUAL EXPENSES RESPONDING TO THE RFP PREPARATION The City is not liable for any pre -contractual expenses incurred by any proposer or by any selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFP. Pre -contractual expenses are defined as expenses incurred by proposers and the selected consultant, if any, in: • Preparing and submitting information in response to this RFP • Negotiations with the City on any matter related to this procurement • Costs associated with interviews, meetings, travel or presentations • All other expenses incurred by a proposer/consultant prior to the date of award and a formal notice to proceed. The City reserves the right to amend, withdraw and cancel the RFP. The City reserves the right to reject all responses to this request at any time prior to contract execution, or only award a partial. ATTACHMENTS: Exhibit A — Scope of Services Exhibit B — Services Agreement Template and Insurance Requirements RFP No. 2024-26 Page 7 EXHIBIT A SCOPE OF SERVICES Rosemead's estimated population for Year 2021 per the California Department of Finance was 54,229. Based on this population, the annual procurement target for the City of Rosemead is 4,338 tons of mulch, or 2,516 tons of compost per the requirements of SB 1383. CONTRACTOR will procure or arrange for the delivery of the following Products on behalf of the CITY to achieve compliance per SB 1383 regulations: Compost or composted mulch: • Calendar Year 2024: 1,636 tons of compost or the equivalent (65% of Annual Procurement Target) • Calendar Year 2025 and beyond: 2,516 tons of compost or the equivalent (100% of Annual Procurement Target) CONTRACTOR will provide the Products to the CITY for use by the CITY for City - owned property landscaping, local school(s), and events. CONTRACTOR will also provide the CITY with cost breakdowns for delivery of organic materials to the CITY, both in a container and without a container. City Drop-off Locations Estimated Frequency Uses Facility Name Address Amount of Material Garvey 30 CY 2 times/ Community Community 9108 Garvey Ave. Rosemead, CA 91770 compost year Events Center Rosemead 4458 Rosemead Blvd. 10 CY 1 time/ School High School Rosemead, CA 91770 mulch year Garden Rosemead20 Mission Dr. / 7933 Emerson PI CY 12 times/ City Park Yard / Rosemead, CA 91770 Rosemead, compost year Landscaping GarveyPark CONTRACTOR will provide the remaining Products not used by the CITY to various farms, ranches, or similar (hereinafter "Direct Service Provider"), for purposes of agricultural use, soil conditioning, and carbon sequestration at the farms, ranches, or similar. CONTRACTOR will procure the products from Ca I Recycle-ap proved composting facilities. CONTRACTOR shall provide to CITY record-keeping and reporting services as described in Record-keeping and Reporting Requirements. RFP No. 2024-26 Page 8 Recovered Organic Material Product Criteria As required in 14 CCR 18993.1(f)(1), compost procured to perform the Services shall meet the following criteria: 1. Materials: Acceptable materials are: • Compost, including fine, medium, and coarse compost. • The portion of topsoil, biotreatment soil mix, or other blend that is compost. • Mulch Unacceptable materials include: Compost that exceeds state maximum limitations for pathogens, metals, and physical contaminants in 14 CCR § 17868.2 — 17868.3.1. • Digestate • Biosolids/sewage sludge • Manure • Biochar • Uncomposted compostable materials • Synthetic fertilizer, nitrolized sawdust, gypsum, urea • Topsoil, fill (except as described in (1)(a)(ii)) 2. Sources: Acceptable sources of compost are (per 14 CCR 18993.1(f)(1)): • A compostable materials handling facility with a Full Solid Waste Facility Permit or Registration Permit, or is authorized under the Enforcement Agency Notification Tier under 14 CCR § 17854.1 • A large -volume in -vessel digestion facility that composts on-site. RFP No. 2024-26 Page 9 Recordkeeping and Reporting Requirements CONTRACTOR shall keep and maintain a complete copy of all records regarding its provision of Services to CITY. Records shall be maintained on a calendar year basis, i.e., for each calendar year in which CONTRACTOR procures compost for CITY under an Agreement. All record keeping and reporting shall be sufficient to meet the requirements of CalRecycle and all applicable state and federal laws and regulations and shall at a minimum include the following: 1. Reporting: CONTRACTOR shall submit quarterly reports by the following dates, provided services were rendered during the preceding quarter: • April 31st • June 31st • October 31st • January 31st 2. The following information shall be included on each quarterly report: The total compost provided to Direct Service Providers during the reporting period and to date. The following information on the compost provided to each Direct Service Provider: • Quantity of compost • Compost producer information: (1) Name of facility (2) Physical location (address) (3) Contact information • Direct Service Provider information: (1) Name of Direct Service Provider (2) Description of where compost was used (3) A general description of how the compost was used. 3. The following submittals shall be included with each report: • All invoices or similar evidencing Direct Service Provider's receipt of compost on CITY's behalf. • Test data sheets showing that each compost supplied to Direct Service Providers complies with the CITY specifications, including requirements described above. RFP No. 2024-26 Page 10 EXHIBIT B SERVICES AGREEMENT TEMPLATE AND INSURANCE REQUIREMENTS Model Agreement CITY OF ROSEMEAD AGREEMENT FOR SERVICES PARTIES AND DATE. This Agreement is made and entered into this day of , 20_ by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City") and [insert Name of Company], a [insert type of entity - corporation, partnership, sole proprietorship or other legal entity] with its principal place of business at [insert address] (hereinafter referred to as "Contractor'). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing [insert type of services] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such services for the [insert Name of Project] ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Tenn. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [insert type of services] maintenance services necessary for the Project ("Services'). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this RFP No. 2024-26 Page 11 Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from [insert start date] to [insert ending date], unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates [insert Name or Title], or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. RFP No. 2024-26 Page 12 3.2.5 Contractor's Representative. Contractor hereby designates [insert Name or Title], or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative'). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be reemployed to perform any of the Services or to work on the Project. 3.2.5 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. RFP No. 2024-26 Page 13 3.2.9 Insurance. 3.2.9.1 Time for Compliance. Contractor shall maintain prior to the beginning of and for the direction of this Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond. If specifically requested by City in Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. RFP No. 2024-26 Page 14 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C attached hereto and incorporated herein by reference. The total compensation shall not exceed [insert written dollar amount] ($[insert numerical dollar amount]) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, RFP No. 2024-26 Page 15 as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works' or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. RFP No. 2024-26 Page 16 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: [Insert Name] [Insert Address] [Insert City, State zip] Attn: [Contact Person] CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: [Insert Name & Department] Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with RFP No. 2024-26 Page 17 this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. RFP No. 2024-26 Page 18 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all RFP No. 2024-26 Page 19 relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [signatures on next page] RFP No. 2024-26 Page 20 CITY OF ROSEMEAD In Ben Kim, City Manager Attest: Ericka Hernandez City Clerk Approved as to Form: Rachel Richman, City Attorney [INSERT NAME OF CONTRACTOR] IAF Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] 0 Name: RFP No. 2024-26 Page 21 EXHIBIT A SCOPE OF MAINTENANCE SERVICES [insert scope] RFP No. 2024-26 Page 22 FO. SCHEDULE OF MAINTENANCE SERVICES [insert schedule] RFP No. 2024-26 Page 23 EXHIBIT C COMPENSATION [insert rates & authorized reimbursable expenses] RFP No. 2024-26 Page 24 EXHIBIT D INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract' language will not be accepted. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 combined single limit per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Contractor or Contractor employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: RFP No. 2024-26 Page 25 • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Requirements not limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency. Acceptable insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Agency's Risk Manager. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010. Contractor also agrees to require all contractors, and subcontractors to do likewise. RFP No. 2024-26 Page 26 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over' claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor' (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is RFP No. 2024-26 Page 27 intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City. 10.Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. RFP No. 2024-26 Page 28 16.Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. RFP No. 2024-26 Page 29 Attachment C Agromin Proposal Proposal for SB 1383 Procurement Solutions rl City of Rosemead Y Or t 4 I Yy� i 0111111 .. 1 f�aa N � :•i :. I sy," �•a•� �i `fit �+ +�` •� ,ywii,-, Wig• �e I y' din. �� I �Y/G i 1 •�` i ,- �� ;�'1 �,. �,.• � _r a i' y Ad _ ag ISR � � • � o� _ --- r!�' G �._ ROOtcd iu Tomorr i ,,.,. California Compost Powered by `, AG RO M I N° August 19, 2024 City of Rosemead Attn: Arlene Tieu 8838 E. Valley Blvd Rosemead, CA 91770 RE: Proposal for Recovered Organic Waste Products Procurement Services Dear Ms. Tieu, On behalf of California Wood Recycling, Inc. dba Agromin, I am pleased to offer our statement of qualifications to manage the procurement requirements for the City of Rosemead. Agromin, a corporation, was founded in 1972 and began processing and recycling organic waste in 1993. With over 30 years of experience managing organics, Agromin has since expanded its operations to manage organic materials for more than 200 jurisdictions throughout California. In addition to managing its own facilities, Agromin also markets and distributes compost for its strategic partners to facilitate the successful movement of products to market with the goal of promoting healthy soils throughout the state and West Coast. As the state's largest organic materials producer, Agromin assists jurisdictions with their SB 1383 procurement requirements. We believe true sustainability starts with the ground right under our feet. We work to help fulfill the sustainability initiatives of jurisdictions and our customers by providing high quality compost and composted mulches that help to protect the soil and conserve precious resources. In addition, with our innovative platform, CaliforniaCompost.net, all tracking and recordkeeping requirements are completed for full compliance with SB 1383. Agromin currently brokers compost for many jurisdictions, where we have both the compost production facilities and existing customer outlets to utilize compost on behalf of the City of Rosemead. Agromin is supremely qualified in providing the goods and services required to perform this work. I, Bill Camarillo, CEO of Agromin, bill@agromin.com, am authorized to contractually bind Agromin for these services. Best Regards, Bill Camarillo CEO, Agromin 201 Kinetic Drive I Oxnard I California 193030 IT/805-485-9200 1 F/805-485-9233 1 www.agromin.com A "We believe that true sustainability starts r. with the ground right under our ti feet. If properly nurtured, our soil has the power to heal the earth and provide us all with the healthy food and vegetation we , need to thrive. Inspired by the power of nature and enhanced by modern science, our high- quality soil products help manage organic waste and protect our precious natural resources. The result is an innovative solution that balances both ecology and economics to cultivate r a planet that is truly sustainable - one container, one community and one city at a time." - Bill Camarillo, CEO, Agromin �'. v^ a 30% Please Print on Post Consumer Content Recycled Paper Section 1. Approach, and Scope of Work 1. Agromin to deliver the following services as part of assisting the City's compliance with 581383 purchase requirements: a. License to access CaIiforniaCompost. net Customer Portal where all records of completed transactions are stored, tracked, and formatted according to CalRecycle requirements. b. Partial fulfillment of City's 2024 SB 1383 Procurement volumes. c. Delivery of materials within City limits for use by the City for: i. City-wide compost/mulch give- away program (3.1— Procurement Scenario 2) ii. Compliant compost product to be provided (4.1 — Product Sheet) d. Assistance in identifying Direct Service Provider(s) to receive delivery of compost/mulch in volumes necessary for the City's compliance. i. Compliant Compost & Mulch products ii. Agreement between Direct Service Provider and Jurisdiction e. Production of all required paperwork for CalRecycle reporting to be found in the Jurisdiction Reports on the CaliforniaCompost. net website: i. Solid Waste Handling permit ii. Qualified compost with authorized lab test results complying with Title 14, STA, and CMRI certifications iii. Spreadsheet detailing all purchases, where it was used and what it was used for Login Credentials to be issued 2. Pricing for products available to the City: a. Compost 100— $15/Ton (1 ton = 2 Cubic Yards) b. Composted Cover Mulch- $60/Ton (1 ton = 4 Cubic Yards) c. Delivery calculated per destination. (3.1 & 3.2 -Procurement Scenarios) d. Agromin will provide to the City two cases of lemons and two cases of avocados quarterly delivered to the destination of choice (Such as a food pantry or community event). 3. Terms: a. Launch date September 10, 2024 b. Terminating September 30, 2027 i. Purchase order with the City of Rosemead will remain open until all invoices have been received by the City and processed. `lAGROMIN Qualifications for Procurement Services 9 Page 5 0 Powered by AGROMfN Think organic Heal the plaui a 30°i Please Print on Post Consumer Content Recycled Paper Scan the QR Code to Visit our Website! ment Services • Page 6 q* 30% Please Print on Post Consumer Content Recycled Paper 1.1 Compost Distribution Program Project Duration: September 10, 2024—September 30, 2027 Agromin offers two approaches to meet SB 1383 compliance, where the total cost of services is provided below. Agromin will utilize both options over the course of the calendar year and has secured a not to exceed cost for the City. 1.2 Procurement Scenario A Agromin will make arrangements with Direct Service Providers (DSP) that are willing to receive compost or composted mulch and are in immediate proximity to Agromin's composting facility. The City would pay for the compost and/or composted mulch subsidy and for the minimal cost to transport/handle the compost/composted mulch to the DSP site. Regular bulk DSP deliveries The Procurement Scenario will include regular deliveries of full semi -trucks to Direct Service Provider (DSP). G Compost 100 costs $20 per ton delivered years 2024, 2025. Compost 100 costs $21 per ton delivered years 2026, and 2027. The increase in compost pricing reflects anticipated CPI increases. Scenario A 2024 1,636 $20 NA 9.75% $21.95 $35,910.20 2025 2,516 $20 NA 9.75% $21.95 $55,226.20 2026 2,516 $21 NA 9.75% $23.05 $57,987.51 2027 2,516 $21 NA 9.75% $23.05 $57,987.51 Total Scenario A: $207,111.42 AGR0MIN Qualifications for Procurement Services • Page 7 a 30% Please Print on Post Consumer Content Recycled Paper 1.3 Procurement Scenario B Agromin's other SB 1383 Procurement Services that can be discussed include the following: G The City could require contractors working with public agencies to use Agromin's compost and mulch, or equivalent, in local projects. Agromin would provide competitive pricingthat would be based on the project volume and product needed. • The City could market Agromin's finished products to its residents on their website, in outreach and education mailings, and to schools and institutions within the City. Regular bulk deliveries within the City The Procurement will include regular deliveries of full truckloads to the City of Rosemead • $150 per delivery inside City limits. • Location and frequency: Garvey Community Center (2/year), Rosemead High School (1/year), Rosemead and Garvey Parks (12/year). • Yearly: 300 CY of Compost 100 and 10 CY of Composted Cover Mulch delivered to City of Rosemead (15 deliveries) Scenario B 2024 300 10 $2,400 15 $150 $2,250 9.75% $15.00 $4,650 2025 300 10 $2,400 15 $150 $2,250 9.75% $15.00 $4,650 2026 300 10 $2,555 15 $150 $2,250 9.75% $15.50 $4,805 2027 300 10 $2,555 15 $150 $2,250 9.75% $15.50 $4,805 $18,910 Total Cost for Scenario A and Scenario B (2024-2027): $226,022 .IPO Qualifications for Procurement Services • Page 8 40 30°/a Please Print on Post Consumer Content Recycled Paper California Compost' Ca liforniaCompost. net Platform Access There is password protected access to Ca I iforniaCom post. net, Agromin's Jurisdiction e- commerce platform. Cities can: + Online ordering and scheduling • 24/7 Online access to account • 8:00 — 4:30 M -F, 8-12 Saturday- Customer Support with dedicated Agromin staff assigned to City account • Quarterly and Annual updates on City's progress toward City's purchase targets • Jurisdiction Reports Vault with all required documents for CalRecycle reporting • Access to be provided upon signed Agreement *CalRecycle Calculations as per SB 1383, Article 12 Interested in a free procurement consultation and access to the Customer Portal? ji� California PowMH Submit the form below and an Agromin Compost OAGROMIN• representative will reach out. Section 2. Project Team, Key Personnel and Resumes Resumes are available on the following pages. `y AGROMIN Qualifications for Procurement Services • Page 9 I�username Password ora� Mp na. axw x�ne.r wwye: Forgo{your username? Reset your password Section 2. Project Team, Key Personnel and Resumes Resumes are available on the following pages. `y AGROMIN Qualifications for Procurement Services • Page 9 ® (805) 485-9200 u bcamarilloeaaromin.com Q 201 Kinetic Dr. Oxnard, CA 93030 W 30% Please Print on Post Consumer Content Recycled Paper BILL CAMARILLO Agromin CEO ROLES & RESPONSIBILITIES Bill Camarillo remains passionate after 28 years in the industry as the leader of one of the largest organics recyclers in California and the United States. He plays a key role in pioneering sustainability through organic waste conversion. RELATED PROJECTS • Limoneira Company I Organics Recycling 12004 - Present • Mountain View Organic Waste Processing Facility 12019 - Present • Simi Valley Recycling Center 12018 - Present DAVE GREEN Chief Operating Officer ROLES & RESPONSIBILITIES Dave is responsible for transforming over 1.2 million annual tons of organic material into finished products including renewable energy. He has leveraged his expertise to position Agromin for growth while maintaining a balance between environmental compliance and business opportunities. ® (805) 485-9200 RELATED PROJECTS u dave agromin.com • Facilitator I City of Santa Barbara Food Waste Composting Q 201 Kinetic Dr. • Limoneira Company I Organics Recycling 12004 - Present Oxnard, CA 93030 • Agromin OC Chino Green Materials Composting ® (805) 850-8797 Mil Cody(d)agromin.com Q 201 Kinetic Dr. Oxnard, CA 93030 CODY Executive Vice President of Sales & Marketing ROLES & RESPONSIBILITIES Cody has spent over 15 years involved in environmental and energy projects for alternative fuels, solar, oil, natural gas, carbon credits and biogas. Cain has coordinated four IPOs, founded fifteen companies and raised over $120 million for energy-related projects in the U.S. and Europe. RELATED PROJECTS • Web and market development for Agromin soil products • Rollout of California Compost Web Portal for organic waste procurement • Biogas Marketing and member of the international panel of biogas AGROMIN Qualifications for Procurement Services • Page 10 ® (805) 807-0677 V mike agromin.com 0 201 Kinetic Dr. Oxnard, CA 93030 ® (805)889-8406 M Craig@aaromin.com O 201 Kinetic Dr. Oxnard, CA 93030 3095 Please Print on Post Consumer Content Recycled Paper MIKE ZWERNER General Manager ROLES & RESPONSIBILITIES Mike is responsible for managing over 300,000 tons of organic waste annually as well as managing Agromin's key strategic partners. Mike is responsible for all aspects of the organics business including operational, regulatory as well as developing programs and partnerships to distribute organic products. RELATED PROJECTS • Interthinx I Senior Vice President of Business Development • Homestore Inc. I Vice President of Sales and Marketing • Realtor.com I Managed more than 500 employees dMAlIa:]: 14� Organics Recycling and Compost Management ROLES & RESPONSIBILITIES Craig is responsible for managing the Jurisdiction accounts in Southern California and assisting with the management of a number of Agromin's compost facilities in the South. RELATED PROJECTS • Facility Management for Mid Valley Disposal • Operations Manager with Republic Service • VP of Rainbow Environmental Services We would like to thank Dave Green and Agromin... for continuous and reliable great service. No matter what the job or task... deliveries have always been on time and product quality has never been an issue. Thank you for always making it happen for us and we look forward to continuing to work with you in the future. �i -American Landscape AGROMIN Qualifications for Procurement Services • Page 11 V, a 30% Please Print on Post Consumer Content Recycled Paper Section 3. Company Qualifications Agromin has over 30 years of experience managing organics and has grown into California's largest compost producer. Agromin currently manages organic materials for more than 200 jurisdictions throughout the state. In addition to operating its own facilities, Agromin also markets and distributes compost for its strategic partners to facilitate the successful movement of products to market with the goal of promoting healthy soils throughout the state and West Coast. Headquartered in Oxnard, CA, Agromin employs 180 individuals throughout California. Additionally, we have 25 pre-processing and composting facilities throughout the state. Agrornin Facilities and Material Brokering Operations f Q A Key Agromin Operated Facilities Material Brokering Arrangements Kern Santa Venturnleles, Barbara(] �. F San Bernardino 0 ^ Q Riverside San Diego Agromin is supremely qualified to meet these services due to our numerous strategic partnerships in the agriculture community as described in Section 1.2, Experience. `1AGROMIN Qualifications for Procurement Services • Page 2 a 30% Please Print on Post Consumer Content Recycled Paper 3.1 List of all Agromin Operations in California by County California Wood Recycling Calabasas Landfill Organics Recycling Pre -Processing ---- Agoura, Los Angeles dba Agromin California Wood Recycling Agromin-Enviro-Services Ag Compost Composting Windrow Hollister, San Benito dba Agromin California Wood Recycling Scholl Canyon Landfill Organics Pre -Processing -- Glendale, Los Angeles dba Agromin Recycling Windrow Bernardino California Wood Recycling Agromin-Bowles Green Material Composting Windrow Dos Palos, Merced dba Agromin Composting Blending California Wood Recycling Highway 59 Organics Recycling Facility Composting Windrow Merced, Merced dba Agromin Operation Agromin OC Seal Beach Naval Weapons Station Composting Windrow Seal Beach, Orange Burrtec Waste Industries Agua Mansa MRF Composting CASP (Negative Air) Riverside, Riverside Burrtec Waste Industries Coachella Valley Compost Composting Windrow Coachella, Riverside Burrtec Waste Industries Edom Hill Compost Composting CASP (Negative Air) Cathedral City, Riverside California Wood Recycling Agromin-Van Vleck Ranch Agricultural Rancho Murrieta, Composting Windrow dba Agromin Composting Operations Sacramento California Wood Recycling Elder Creek Transfer Station Pre -Processing Sacramento, -- dba Agromin Agromin OC Sacramento California Wood Recycling Agromin-Enviro-Services Ag Compost Composting Windrow Hollister, San Benito dba Agromin Operation Agromin Organics Recycling Composting Agromin OC Ontario Green Materials Ontario, San Agromin OC Composting Composting Windrow Bernardino Agromin Ontario Green Material Composting Windrow Ontario, San Agromin-Burrtec LLC Composting Bernardino Victorville, San Burrtec Waste Industries Victor Valley Compost Composting CASP (Negative Air) Bernardino Fontana, San Burrtec Waste Industries West Valley MRF Composting GORE (Positive Air) Bernardino California Wood Recycling Agromin-Limoneira Ag Material Composting Windrow Cadiz, San Bernardino dba Agromin Composting Operation Agromin OC Agromin OC Oceanside Green Materials Composting Windrow Fallbrook, San Diego California Wood Recycling Corto Olive Commercial Organics Composting Windrow Lodi, San Joaquin dba Agromin Processing Operation California Wood Recycling Agromin Yolo Land & Cattle Chip and Grind Chip and Grind Dixon, Solano dba Agromin California Wood Recycling Agromin Organics Recycling Composting Windrow Oxnard, Ventura dba Agromin California Wood Recycling Agromin Premium Soil Products Manufacturing/ Bagging Plant Oxnard, Ventura dba Agromin Blending California Wood Recycling Agromin-Limoneira Ag Composting Composting Windrow Santa Paula dba Agromin Operation California Wood Recycling Simi Valley Landfill Organics Recycling Pre -Processing ---- Santa Paula dba Agromin California Wood Recycling Mountain View Organic Waste Pre -Processing ---- Oxnard, Ventura dba Agromin Processing Facility (Planned) `JAGROMIN Qualifications for Procurement Services • Page 3 a 30A Please Print on Post Consumer Content Recycled Paper 3.2 Experience The key to Agromin's success is its agriculture partners that have come to rely on Agromin's certified products. Through these relationships, Agromin distributes compost statewide. We ensure each aspect of the organic recycling process is managed to the highest degree, where our focus is on producing high-quality and marketable products. We understand that our partner jurisdictions must meet specific compliance mandates. For this reason, we utilize the right technology to ensure the successful collection and pre-processing of organic materials. We focus on technology-based solutions that allow us to help jurisdictions comply with regulations and produce viable, marketable products for a range of end -uses. A snapshot of our agricultural partners is included here that demonstrates our wide-ranging outlets for compostable products. AGROMIN LIMONLIRA Sustainability Looped: Limoneira is committed to being a catalyst for positive change In 2004, Limoneira Company continued its agricultural entrepreneurial spirit by partnering with Agromin to create an innovative organic recycling program. Limoneira and Agromin developed a 10 -acre facility on Limoneira land to receive green materials (lawn clipping, leaves, bark plant materials) from throughout Ventura County. The material is converted into mulch that is spread in Limoneira orchards to curb erosion, improve water efficiency, reduce weeds and moderate soil temperatures. Y _ C� 0) R� O i Corto is determined to protect ecosystems E and ensure the healthiest soils. Corto delivers the freshest, most antioxidant -rich oLive oil while actively working toward a more sustainable future for California agriculture. From grove to milt to FlavorLock' box, we are committed to protecting and preserving our most precious resources and local ecosystems while systematically reducing waste. From planting crops that encourage indigenous pest -fighting insects to installing owl boxes. Corto continues to experiment with alternative modes of pest control. We are taking concrete steps to keep emissions from greenhouse gasses like CO2 as tow as possible thanks to our use of solar power combined with our high -efficiency planting method, and FtavorLock' hag -in -box packaging, which has been shown to have the lowest Global Warming Potential when compared to other packaging alternatives. AGROMIN Qualifications for Procurement Services • Page 4 a 30% Please Print on Post Consumer Content Recycled Paper Section 4. References Agromin has provided procurement services for 25+ jurisdictions. The services for all below references include: Transporting compost to farms and ranches on behalf of the jurisdiction. Ensuring the Direct Service Provider (DSP) agreement is signed and includes all reporting information for SB 1383 compliance. Z+ All jurisdictions have a portal on our Californiacompost.net website where their reporting documents are stored. ,�+ If desired and feasible, the jurisdictions can order compost through the website to be used within their jurisdiction, though not all have an interest in that service. These services are directly related to the requested scope of services forth e City of Rosemead. 1. Arriana Rabago, Environmental Specialist, City of Ventura O 501 Poli Street, Ventura, CA 93001 V arabaso@cityofventura.ca.eov 0 (805) 652-4584 2. Simone Blackwell, Environmental Compliance Analyst, City of Eastvale O 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752 ►�/ sblackwell@eastvaleca.eov ® (951) 361-0900 3. Hong Lee, Program Coordinator, City of Gardena O 1700 West 162nd Street, Gardena, CA 90247 V hlee ci ofgardena.or2 ® (310) 217-9500 4. Sarah Vaira, Environmental Specialist Supervisor, City of Folsom O 50 Natoma St, Folsom, CA 95630 ►�/ svaira@folsom.ca.uslsvaira@folsom.ca.us ® (916) 355-7200 `JAGROMIN Qualifications for Procurement Services • Page 5 q0 30% Please Print on Post Consumer Content Recycled Paper 4.1 The Agromin Value Unlike other competitors, Agromin has a unique focus on end use compost markets. Typically, commercial composting operations focus on the processing of feedstock to reduce waste volumes, which is appropriate. However, Agromin's approach is slightly different. The process is important, but Agromin is intent on creating a high-quality product instead. Focusing on the end-user of the compost allows Agromin to produce soil amendments that align with their needs. Agromin is a manufacturer of compost, but the soil amendments that are produced from that compost far surpass industry standards. Agromin's operations comply with the following quality programs: 0 CDFA— California Department of Food and Agriculture u F IM • Purpose — Organic Input Material Registration and Labeling of Product. G OMRI —Organics Material Research Institute • Purpose—Organic Listing compliance. C7 GAP/GHP Certification • Purpose— Food Safety. O California Leafy Greens Marketing Agreement (LGMA) • Purpose— Food Safety. 0 LGMA Compliant • Purpose — Food Safety for leafy greens. 0 U.S. Composting Council (USCG) • Purpose —Compost content and its soil products are clean and safe. 0 USCC Seal of Testing Assurance (STA Compost) • Purpose —To ensure transparency of compost products. is In addition, all of our facilities follow laws and regulations published by CalRecycle, California Air Resources Board (CARB), and State Water Resources Control Board (SWRCB). o,�,REfyr! O M R IComposting �SCouncIII UScdfa _r r Seal of Testing 4jq,P�S Assurance For Organic Use-OMRI.org AGROMIN Qualifications for Procurement Services 9 Page 6 CL 30°% Please Print on Post Consumer Content Recycled Paper 4.1 Product Sheet Agromin serves more than 25,000 customers in the four industry categories: agriculture, landscape, retail, and homeowners. By having such a diversified clientele, we stand apart from other composters for our expansive material outlet opportunities. cc Agromin is a leader in our community that has placed sustainability at the forefront of its operations. - City of Ventura 11 Our varied markets show that we are a trusted source for organic premium soil products that support sustainability. The information provided is for Agromin's OMRI Listed COMPOST 100® and Agromin's Composted Cover Mulch®, which are great soil amendments for around the house since it contains no animal materials or biosolids. Agromin's OMRI Listed COMPOST 100® and Composted Cover Mulch® are "clean green," made from recycled plant materials. GG Agromin has been great in furthering our sustainability objectives in Santa Barbara. - City of Santa Barbara ` �)AGROMIN Qualifications for Procurement Services • Page 7 California Compost COMPOST 100°' The recycled "clean green" soil amendment Agromin's OMRI Listed COMPOST 100'- may be used in certified organic production or food processing and handling according to the USDA Program rule. Agromin's OMRI Listed COMPOST 1 0V is a great soil amendment for around the house, since it contains no animal materials or biosolids. Agromin's OMRI Listed COMPOST 100® is "clean green," made from recycled plant materials. (ARMS. RANCHES FRUR TREES 8 ORCHARDS t PUBLIC WORKS PALMS 1 APPLICATION RATE SQUARE FEET ► 100 Soo 1000 Depth of 1" .5 Cubic Yards 1.5 Cubic Yards 3 Cubic Yards Depth of 2" .75 Cubic Yards 3Cubic Yards 6Cubic Yards Depth of 3" 1Cubic Yards 5Cubic Yards 10 Cubic Yards Application rates range from 1"to 3" deep depending on whether use is new application or used for maintenance. TO USE ONLINE VOLUME CALCULATOR AND TO PLACE AN ORDER, SCAN CODE OR VISIT AGROMIN.COM: Agiumin meets all general operanrg stao lards as a rompomblzmatedak handling operation or hcdity asoW' d m Semon 17852A1I1 of the SB 1383 Regulations. AGROMIN Qualifications for Procurement Services e Page 8 10% California Compost 0 30% Please Print on Post Consumer Content Recycled Paper COMPOSTED COVER MULCH l00% Recycled, Top Dressing, Wood Mulch ES -2 Mulch is ideal for cooling the root zone, reducing moisture loss, controlling erosion and preventing weed growth. ES -2 is perfect for all orchard applications and public works as it is Environmentally Safe (ES) and meets California Department of Transportation specifications. Uniform in size ranging from minus to 2", ES -2 Mulch is an environmentally sound way to add a finishing touch to any landscape. GENERAL USES: APPLICATION RATE TO USE ONLINE VOLUME CALCULATOR AND TO PLACE AN ORDER, SCAN CODE OR VISIT AGROMIN COM: SQUARE FEET ► 100 500 1000 U 'J;I,De thof1" .5 Cubic Yards 1.5 Cubic Yards 3CubicYards!ct;p L.�'IDepth of 2" .75 Cubic Yards 3 Cubic Yards 6 Cubic Yardsi:'iDepth of 3" 1CubicYards 5CubicYards 10 Cubic Yards "' Application rates range from 1'• to 3" deep depending on whether use is new application or used for maintenance. AgmmmmabangneolnpantiguvdNaaa composa maWnab handing o,o nw4 ldya outivred in Secwn 17652(aX12) o11he SB 1383 B gnlxinns `, AGROMIN Quatifications for Procurement Services • Page 9 NEER T ,f ".. INTEGRATE 1 LIVESTOCK UNDERSTAND CONTEXT • MAXIMIZE OF YOUR FARM OPERATION ... - "Regenerative Agriculture" describes farming and grazing practices that, among other benefits, reverse climate change by rebuilding soil organic matter with the use of compost and biochar to restore degraded soil biodiversity. This process draws carbon into the soil while simultaneously improving the water cycle. Lawrence Livermore Labs released a report, which featured natural climate solutions in which compost and biochar are used to sequester carbon into soils leading to carbon neutrality by 2045. These programs are noted as the most cost-effective climate solutions at a cost of only $11 per metric ton of carbon dioxide. By contrast, the California Air Resources Board (CARB) regulatory offset price is about $29 per metric ton. Natural climate solutions are estimated to result in negative emissions of 21.6 million metric tons of CO2 per year which will be needed in order to get to carbon neutral by in 2045. These solutions require participation of the agriculture industry that have vast land assets throughout California. Integrating compost into regular growing practices will mitigate environmental impacts from farming, as well as capture carbon within the soil. ��w yr MAINTAIN LIV I. ROOT YEAR -R C;', The Climate Action Reserve develops voluntary GHG offsets and is working on a Soil Enrichment Protocol, which will provide a strong basis for CARB's regulatory protocol. These programs allow the industry to mon- etizing carbon negative emissions and helps provide some incentives for the use of compost at agricultural sites. Compost production and use is now viewed as an important part of moving the State toward carbon neutrality. The January 2019 Draft California 2030 Natural and Working Lands Climate Change Imple- mentation Plan looks to double down on compost and mulch use by adding 31,000 to 62,000 acres each year through 2030. Additionally, the plan is to increase mulching on cropland at a rate of 10,400 to 20,800 acres per year. According to new research, soil could act as a significant carbon sink, holding up to three times as much carbon as is found in the atmosphere. Farmer across the State need, education, funding and technical support to integrate compost and mulch into their regular farming practices. Dirt can save the Earth and make the planet more resilient, provided that increasing quantities of recycled organics (such as compost, mulch, and biochar) are reintroduced to the world's soils each year. n W t �atign fqr P 'u e Services •Page 10 a 30% Please Print on Post Consumer Content Recycled Paper Section 5. Standard City Contract and Insurance Requirements Agromin has reviewed the attached Standard City Contract and Insurance Requirements and will comply with all aspects of the Agreement. Agromin would like the City to consider the flowing notes and exceptions to the contract. 1. Section 3.3.5 Prevailing Wages This text is duplicated in the Contract 2. Section 3.5.1.1 Grounds for Termination: City may, by written notice to Contractor, terminate the whole or any part of this Agreement effective for the next calendar year at aRDRQ without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least _,., eR (7) days la„c,._, the Agromin often schedules compost procurement for jurisdictions months in advance. Should the City terminate the contract mid -year, Agromin may have already committed procurement tonnage for the City, which it will be unable to fulfill for our customers. 3. Section 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers for all claims related to the scope of services defined in this Agreementthat arise out of any alleged acts, omissions orwillful misconduct of the Contractor. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding that are a result of any alleged acts, omissions or willful misconduct of the Contractor. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. AGROMIN Qualifications for Procurement Services • Page 11 a 30% Please Print on Post Consumer Content Recycled Paper Agromin will indemnify the City against any items related to Agromin's failures 4. Insurance Requirements, Part 10: Contractor agrees to ensure that subcontractors who hold a contract with the Contractor, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. Agromin will implement this with subcontractors who hold contracts with Agromin AGROMIN Qualifications for Procurement Services • Page 12 a E � - `U- 60 yy c a 3 e C v E v u o o a ro L V � E c `c a Y ITT s Q ° Ul 001 Lsodwoo 43inw rs3 SPUBM Section 6. Addenda Acknowledgement Agromin acknowledges there have been no addenda issued by the City of Rosemead. `yAGROMIN Qualifications for Procurement Services • Page 14 r _! *I* iAr �+ WIT Rooted in Tomorrow o� Attachment D Zero Foodprint Proposal Zero Foodprint Zero Foodprint Suite Suite Market Street 103, Box #332 San Francisco, CA 94114 www.zerofood print.org PROPOSAL TO THE CITY OF ROSEMEAD FOR Brokering and Application of Compost and Mulch for the Purpose of Compliance with Senate Bill 1383 Regulations Regarding Procurement of Recycled Organic Products RFP NO. 2024-26 Submitted: August 20, 2024 Contact Person during Proposal Period: Arlene Tieu, Administrative Analyst City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 (626) 569-2249 atieu@cityofrosemead.org RE: RFP NO. 2024-26 Request for Proposal Compost Broker City of Rosemead www.zerofoodprint.org 8/20/2024 Zero Foodprint Zero Foodprint Suite Suite Market Street 103, Box #332 San Francisco, CA 94114 (0) www.zerofoodprint.org August 20, 2024 Attn: Arlene Tieu, Administrative Analyst City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 (626) 569-2249 RE: RFP No. 2024-26 Recovered Organic Waste Products Procurement Services The attached proposal highlights Zero Foodprint's (ZFP) ability to assist in meeting the City of Rosemead's 2024-2027 SB1383 ROWP procurement targets through the use of ZFP's Compost Connector program, which matches farms and ranches seeking compost with funding from jurisdictions interested in meeting the procurement targets. ZFP is uniquely positioned to administer the procurement and use of compost in California. With a network of scores of technical experts, agricultural organizations, and hundreds of farms and ranches throughout the state, we have the experience and the expertise to procure compost and utilize it towards long term greenhouse gas drawdown. Our rigorous record-keeping and strong relationship with CalRecycle make required reporting simple and straightforward. ZFP has the longest history of SB1383 procurement of any other organization in the state and has a proven track record of helping jurisdictions succeed in meeting their SB1383 requirements. Sincere' eo Bec erman Director of Operations Zero Foodprint 2370 Market Street Suite 103, Box #332 San Francisco, CA 94114 (510) 214-2515 leo@zerofoodprint.org DUNS #: 117082064 IN Zero Foodprint Table of Contents Proposal: Zero Foodprint 2370 Market Street Suite 103, Box #332 San Francisco, CA 94114 www.zerofoodprint.org Section 1: Approach and Scope of Work..................................................................5 • Understanding of the Project • Scope of Work • Approach • Key Deliverables Section 2: Project Team, Key Personnel, and Resumes.................................................9 • Project Team • Key Personnel • Support Personnel • Organization Chart Section 3: Company Qualifications...........................................................................12 Section 4: References..............................................................................................13 • City of Diamond Bar Procurement • Nevada County Procurement • San Francisco Department of the Environment Section 5: Standard City Contract and Insurance Requirements.......................................15 Section 6: Addenda Acknowledgement.............................................................................16 Section7: Cost Proposal.....................................................................................................17 Appendices: Appendix 01: Key Personnel Resumes...................................................................19 Appendix 02: Sample Reporting Documents..........................................................23 RE: RFP NO. 2024-26 Request for Proposal Compost Broker City of Rosemead www.zerofoodprint.org 3 8/20/2024 Section 1: Approach and Scope of Work Understanding of the Project: In September 2016, Governor Edmund Brown Jr. set methane emissions reduction targets for California (SB1383 Lara, Chapter 395, Statutes of 2016) in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). Effective January 1, 2022 the law mandates that businesses and governments divert organic waste away from landfills and instead use composting, anaerobic digestion, and other methods to recycle organic waste. As part of this effort, the law requires the procurement of compost that meets certain specifications. Each Jurisdiction in California is required to procure quantities of Recycled Organic Waste Products (ROWP) based on their population. Compost, one of four acceptable ROWPs, is valued at the highest equivalent— meaning that .58 tons of compost is considered 1 ton of ROWP. SB1383 states that the per capita procurement target equals 0.08 tons of organic waste per resident per year. The City of Rosemead's estimated population for Year 2021 per the California Department of Finance was 54,229. Based on this population, the annual procurement target for the City of Rosemead is 4,338 tons of mulch, or 2,516 tons of compost per the requirements of SB 1383. For the calendar Year 2024 the S61383 requirement for the City of Rosemead is set at 65% of the annual procurement target, equal to 1,636 tons of compost. For calendar years 2025 and beyond, the SB1383 requirement is set at 100% of the annual procurement target, equal to 2,516 tons of compost. The City of Rosemead is looking to contract an outside organization to help meet the above requirements by providing procured compost to the City for use by the City for City -owned property landscaping, local school(s), and events as well as provide the City with cost breakdowns for delivery of organic materials to the City, both in a container and without a container. The City also requires the contractor to provide the remaining products not used by the city to a Direct Service Provider; examples include various farms, ranches, or similar, for purposes of agricultural use, soil conditioning, and carbon sequestration at the farms, ranches, or similar. Additionally, the contractor will procure the products from CaIRecycle-approved composting facilities and the contractor shall provide to City record-keeping and reporting services as described in Record-keeping and Reporting Requirements. RE: RFP NO. 2024-26 Request for Proposal Compost Broker City of Rosemead www.zerofoodprint.org 12 8/20/2024 Scope of Work: Zero Foodprint (ZFP) is committed to meeting or exceeding the City of Rosemead's SB1383 procurement targets by delivering three -hundred cubic yards of compost and ten cubic yards of mulch annually to the City of Rosemead and to be utilized for City -owned property landscaping, local schools, and community events. The commitment detailed in the table below outlines the specific local projects for which ZFP will manage all delivery logistics and record-keeping responsibilities. The commitment detailed in the table below outlines the specific local projects for which ZFP will manage all delivery logistics and record-keeping responsibilities. FACILITY NAME ADDRESS ESTIMATED AMOUNT FREQUENCY USES OF MATERIAL Garvey Community 9108 Garvey Ave. 30 CY 2 times/ Community Center Rosemead, CA 91770 compost year Events Rosemead High 4458 Rosemead Blvd. 10 CY 1 time/ School School Rosemead, CA 91770 mulch year Garden Rosemead Park Yard/ 9060 Mission Dr. I 20 CY12 times/ City Garvey Park 7933 Emerson PI compost year Landscaping Rosemead, CA 91770 In addition to fulfilling the City's direct compost needs, ZFP will oversee the procurement and distribution of the remaining required compost quantities to farms and ranches across California through our Compost Connector program. This program is designed to match farms and ranches in need of compost with funding from jurisdictions like Rosemead, aiming to meet SB1383 procurement targets. Through Compost Connector, ZFP will provide comprehensive compost procurement and record-keeping services to support the City of Rosemead in achieving its ROWP procurement goals of at least 1,636 tons in 2024 and 2,516 tons per year for 2025, 2026, and 2027. ZFP will ensure that all activities remain in compliance with SB1383 Recovered Organic Waste Product (ROWP) procurement requirements. In addition to procurement, ZFP will maintain detailed records of all compost transactions and usage, providing project -level reports that facilitate the City's compliance and reporting obligations to CalRecycle. RE: RFP No. 2024-26 Request for Proposal Compost Broker City of Rosemead w .zerofoodprint.org 8/20/2024 Approach: Upon executing a contract with ZFP, the City of Rosemead will gain access to the Compost Connector Project Portal, allowing it to view up-to-date project level progress and documentation and track procurement goals. ZFP will immediately begin working with the City to schedule compost and mulch deliveries to the City based off of an exact calendar as yet to be determined. Additionally, ZFP will begin identifying suitable compost requests in our database to match with procurement requirements for the City. Selected farm projects will be notified and sign a Direct Service Provider agreement, which will be visible within the portal. With a Direct Service Provider agreement in place, the farmer will procure compost from a CalRecycle-approved facility on behalf of the City. Utilizing our farmer facing online portal,farmers notify ZFP of the purchase and provide compost invoices, documentation of compost use, and verification of compliance. The ZFP Grants Manager will review all submissions to verify S131 383 documentation accuracy and compliance. As most compost use in agriculture occurs in the fall, we anticipate the identification of all farms/ Direct Service Providers for each year by the end of September, with procurement targets being met no later than December 31 st of each calendar year. ZFP maintains an open line of communication with CalRecycle and has provided documents such as procurement reports, sample Direct Service Provider contracts, and compliance records for review. ZFP has also created a list of acceptable sources of compost: (per 14 CCR 18993.1(f)(1)). This list has been shared by CalRecycle on their 1383 listsery and is available at hltps:// www.zerofoodprint.org/sbl 383. RE: RFP NO. 2024-26 Request for Proposal Compost Broker City of Rosemead www.zerofoodprint.org 0 8/20/2024 Key Deliverables: To aid the City of Rosemead in their SB1383 reporting requirements, ZFP will provide the City with the following documentation to verify the procurement of compost by the Farmers on City's behalf, in accordance with SB1383 Regulations sec. 18993.2. All of the below information and material will be accessible through the Compost Connector Portal, examples of which can be viewed in Appendix B: • Delivery of thirty (30) CY of compost to Garvey Community Center (two times/ year) • Delivery of ten (10) CY of mulch to Rosemead High School (1 time/ year) • Delivery of twenty (20) CY of compost to Rosemead Park Yard or Garvey Park (twelve times/ year) • Access to Compost Connector Customer Portal • Direct Service Provider Agreements • Name, physical location, and contact information of each entity, operation, or facility from which the compost was procured • Quarterly Reports • Amount of compost procured in cubic yards or tons • General description of how the compost was used • The location where the compost was applied • Invoices or receipts for the purchase of the compost • Technical Data Sheets RE: RFP NO. 2024-26 Request for Proposal Compost Broker City of Rosemead www.zerofoodprint.org 8/20/2024 Section 2: Project Team, Key Personnel, and Resumes Project Team: At Zero Foodprint (ZFP), our team is dedicated to transforming the food system to regenerate the planet. Our diverse group of professionals brings a wealth of experience from various fields, united by a shared commitment to sustainability and climate action. Together, we work to create a sustainable future by engaging with cities, farmers, restaurants, and consumers to promote regenerative agriculture. Our expertise spans environmental science, food systems, policy advocacy, and community engagement. By leveraging this multidisciplinary approach, we implement innovative strategies to improve soil health, sequester carbon, and enhance food security. Key Personnel: The ZFP team for this proposal currently includes the following individuals. Their resumes are attached in Appendix A, beginning on page 17 of this document. Leo Beckerman, Director of Operations and Project Manager Leo Beckerman acts as ZFP's Director of Operations and oversees incoming and outgoing grants as well as all SB1383 direct -service provision programs. Leo also serves as Vice President of the Board or Directors of the Association of Compost Producers and is active in both Organics recycling and agriculture. Leo developed the systems and processes for ZFP's Restore CA, Restore CO, and Compost Connector programs, and has administered over 200 regenerative agriculture grants totalling more than $3 million since these programs began in 2020. In addition to ZFP's own grant's program, Leo has managed multi-year, multi-million dollar grant projects with both CA State and Federal government funding sources. Prior to ZFP, Leo spent years in nonprofit and health care administration at the American Association of Blood Banks. Leo is also the co-founder of a successful restaurant chain, Wise Sons Deli, where he oversaw 100% year over year growth for its first five years. Leo has presented on SB1383 to California Resource Recovery Association, Northern California Recycling Association, US Composting Council, CalRecycle SB1383 workshops, Cal Recycle Zone Administrator Conferences, and is considered one of the state's leading experts on SB1383 ROWP procurement. RE: RFP NO. 2024-26 Request for Proposal Compost Broker City of Rosemead www.zerofoodprint.org 8/20/2024 In his capacity as Project Manager, Leo will have the responsibility of overseeing the faithful execution of S131 383 contracts while supervising the activities of the Grants Manager, ensuring that all compost projects are carried out efficiently and all reporting materials meet the required standards. Furthermore, Leo will serve as the primary point of contact for all communications with the City of Rosemead concerning procurement matters. His role will be pivotal in maintaining clear, effective, and timely interactions, ensuring that all city requirements and expectations are met with the highest level of professionalism. Jami Witek, Grants Manager Jami joined Zero Foodprint in 2022 and oversees the Compost Connector, Spreading Soil Wealth, and Foodshed Climate Smart Incentive Program compost grant programs. In addition to managing the daily operations of the Compost Connector program, she verifies requests for compost are compliant with SB1383, maintains ZFP's database of compost projects and requests, and keeps track of all records and reports, including the online portal and final compliance reports. Jami will be tasked with identifying suitable farm projects that align with the City's procurement goals.. She will oversee communications with farmers who have been awarded compost grants, ensuring that all necessary documentation is collected and maintained. Additionally, Jami will manage the City's project portal, ensuring its accuracy and accessibility. She will also be responsible for creating comprehensive reporting documents to assist in the City's Electronic Annual Report. Supportive Personnel: Anthony Myint, Executive Director Anthony Myint, ZFP's Executive Director works to mobilize the restaurant industry in the public and private sectors to support healthy soil as a solution to the climate crisis. He is also a respected food systems advocate, including experience as a TED Speaker, and member of the Board of Trustees for the James Beard Foundation Culinary Institute of America's Sustainable Business Leadership Council. Anthony is the winner of the Basque Culinary World prize for work outside of gastronomy and is the 2020 winner of the James Beard Humanitarian of the Year award. Anthony also boasts a successful career as a San Francisco -based chef and restaurateur who co-founded Mission Street Food (SF Chronicle's Most Influential Restaurant of the Past Decade", Mission Chinese Food (NY Times Restaurant of the Year - 2012) and The Perennial (Bon Appetit's "Most Sustainable Restaurant in the Country"). RE: RFP NO. 2024-26 Request for Proposal Compost Broker City of Rosemead www.zerofoodprint.org 8/20/2024 Anthony will provide program -level support for Compost Connector, ensuring that all projects align with ZFP's overarching goal of promoting compost application for its benefits in long-term carbon sequestration and soil health restoration. He will play a critical role in overseeing project adherence to these objectives, ensuring that each initiative contributes effectively to ZFP's mission of enhancing environmental sustainability and soil vitality through strategic compost application. ZFP requires no sub -contractors to provide any of the work specified within the City's RFP, and is completely prepared to handle outreach to farms and ranches as Direct Service Providers. Organization Chart: aoard of Directors Zero Foodprint Organization Chart Executive M xe � Director CMIn Mymll Director of Operations Program Director ftw aecknrrunl I (Tiff" Hunaq ) Glann OM M PW— RE: Mw»pN q�tPO� pOQ»n MarheWq Operjs�lbm MMS, Cm ' M� M/MPr +n+Va rascn u�»�o+rMn Conneciw � e`/�uw »i Wh RE: RFP No. 2024-26 Request for Proposal Compost Broker 8/20/2024 City of Rosemead www.zerofoodprint.org 10 Section 3: Company Qualifications Overview: Founded in 2015, Zero Foodprint (ZFP), a California-based 501c3, has spent the last 9 years on a mission to make growing food a major tool in the fight against climate change. Collaborating with California state agencies, regional governments, conservation networks, and leading businesses, ZFP provides grant funding to farmers and ranchers who implement change on their land by sequestering greenhouse gasses. ZFP offers a direct mechanism for any citizen, business, or regional government to take local climate action and participate in a regenerative economy. ZFP generates grant funding through contributions from individuals, philanthropists, and businesses. In addition to collective funding, ZFP is currently working with the US Department of Agriculture, The California Department of Food and Agriculture (CDFA), The California State Coastal Conservancy, and numerous other agencies to distribute over $15 million in grants to farms throughout the country over the next 5 years. Since 2021, ZFP has been especially focused on compost due to its powerful and cost-effective use to improve soil health, water holding capacity, crop yield, and especially carbon sequestration. In response to SB1383, ZFP expanded upon existing relationships with the California Department of Food and Agriculture, Agricultural Technical Assistance Providers, and farm -facing groups to create Compost Connector. This program matches farms and ranches seeking compost with funding from jurisdictions interested in meeting mandated compost procurement targets with a goal of optimizing climate outcomes. ZFP has generated over $3M in funding for healthy soil projects on over 288 farms and ranches in California, Colorado, New York, and Georgia, with an estimated greenhouse gas benefit equal to not burning over 6 million gallons of gas. The next 12 months will see that number grow to over $4M awarded to farms and ranches in the US. ZFP has the longest history of SB1383 procurement of any organization, public or private, for- profit or nonprofit, in California, having launched its Compost Connector program with San Mateo County in 2021. Since then, ZFP has contracted with over two dozen jurisdictions across California for S131 383 compliant procurement, including Diamond Bar, Fullerton, Jurupa Valley, and Moreno Valley, involving over 150 farm projects on behalf of California jurisdictions. In 2023, Compost Connector procured over 41,400 tons of compost from 22 facilities throughout the state and is currently under contract to procure over 65,000 tons of compost throughout California through 2025. RE: RFP NO. 2024-26 Request for Proposal Compost Broker City of Rosemead www. ze rof o o d p r i n t. o rg 11 8/20/2024 Section 4: References The below examples represent the firm's qualifications, expertise and technical capabilities to fulfill all services specified and required to successfully accomplish the work outlined in the RFP. City of Diamond Bar SB1383 Compost Procurement: 2023-2024 Project Location: Unincorporated Nevada County, CA Project Description: Procure 4,342 tons of SB1383 compliant compost over 2024 and 2025. Balancing procurement timelines to meet AB1985 annual targets. Maintain all records and reports for SB1383 compliance and EAR submission to CalRecycle. Scope of Services Performed: This project is ongoing. Zero Foodprint has identified farm projects to meet Diamond Bar's 2024 procurement target. Since the majority of compost application in agriculture happens in the fall, ZFP anticipates completing 2024 procurement by December. Project Manager: Leo Beckerman, Jami Witek Final Contract Cost: $95,111.70 Client Contact: Cathy Nguyen Management Analyst City of Diamond Bar 21810 Copley Drive, Diamond Bar, CA 91765 909.839.7002 CNguyen@diamondbarca.gov Nevada County Procurement SB1383 Compost Procurement: 2023-2024 Project Location: Unincorporated Nevada County, CA Project Description: Nevada County contracted ZFP to meet its SB1383 targets in 2023. In 2024, the County expanded the scope of services to incorporate a bespoke Compost Connector program offering County -based growers financial incentives to purchase compost, with the goal of meeting their SB1383 target through local projects. RE: RFP NO. 2024-26 Request for Proposal Compost Broker City of Rosemead www.zerofoodprint.org 12 8/20/2024 Scope of Services Performed: In 2023, ZFP exceeded Nevada County's procurement target of 910.5 tons through 7 farm projects with a modeled CO2e sequestration of 1,937.9 tons. In April 2024, ZFP created a dedicated Nevada County Compost Connector website and application to encourage compost use amongst local growers. ZFP is on track to meet the County's 2024 procurement target of 1,972.8 tons. Project Manager: Leo Beckerman, Jami Witek Final Contract Cost: 2023: $35,511, 2024: not to exceed $76,947 Client Contact: David A. Garcia, Jr. Solid Waste Program Manager Nevada County Department of Public Works 950 Maidu Avenue, Suite 170 PO Box 599002 Nevada City, CA 95959 Office: 530-265-7038 David.Garcia@nevadacountyca.gov San Francisco Department of the Environment: Climate Action Plan Community Grants: 2023-2024 Project Location: San Francisco County, California Project Description: Procure at least 14,304 tons of SB1383 compliant compost over calendar years 2023-2024. Identify and award grants to growers for the purchase of SB1383 compliant compost to assist SFE with its procurement targets, with a specific focus on Bay Area -based and historically underserved growers. Provide interim and final summary reports and documentation outlining this procurement, including applicable modeled carbon sequestration impacts using COMET -Planner modeling. Scope of Services Performed: This project is ongoing. Exceeded 2023 goal by procuring 9,840 tons of compost for 21 farm projects with a modeled CO2e sequestration of 14,006.2. On track to meet or exceed 2024 goal of SB1383 compliant compost. Maintain all records and reports for SB1383 compliance and EAR submission to CalRecycle. Project Manager: Leo Beckerman, Jami Witek Final Contract Cost: $421,018 Client Contact: Hilary Near Commercial Zero Waste Senior Coordinator San Francisco Environmental Department 1155 Market Street, 3rd Floor San Francisco, CA 94103 hilary.near@sfgov.org (415) 355-3772 RE: RFP NO. 2024-26 Request for Proposal Compost Broker City of Rosemead www.zerofoodprint.org 13 8/20/2024 Section 5: Standard City Contract and Insurance Requirements Zero Foodprint has reviewed the attached Standard City Contract and Insurance Requirements and agrees to comply with all aspects of the agreement, without modification, in the submitted proposal without changes to the Agreement. Section 6: Addenda Acknowledgement At the time of this submission, Zero Foodprint (ZFP) acknowledges the absence of any addenda to the original RFP that would change the scope of of work or the proposal contained within this document to complete the work. RE: RFP NO. 2024-26 Request for Proposal Compost Broker City of Rosemead www.zerofoodprint.org 14 8/20/2024 Section 7: Cost Proposal Fee Proposal: ZFP will provide compost procurement, reporting, and record-keeping for the City of Rosemead to assist with its 2024, 2025, 2026, and 2027 procurement targets of at least 1,636 tons of compost in 2024 and at least 2,516 tons of compost in years 2025, 2026, and 2027. ZFP is proud to offer two options designed to meet or exceed the City of Rosemead's SB1383 procurement targets. Option A: ZFP is prepared to meet the above requirements through a two-tiered pricing structure. For al local compost and mulch deliveries to the City, ZFP is able to offer a yearly total fee of $11,250.00 (fifteen deliveries per year) for a total cost of $45,000. The fee includes delivery of compost or mulch to City locations, proof of pathogen -tested compliant compost, and all additional reporting to meet SB1383 requirements. Please note ZFP is not able to confirm delivery of compost within a container at this time. All pricing reflects delivery without a container. For all remaining procurement, ZFP is able to fulfill those requirements through agricultural use at a cost -per -ton basis at a rate of $21 /ton, which includes meeting or exceeding the City's SB1383 procurement target and providing CalRecycle documentation, reporting materials, and progress reporting. The table below represents the breakdown of services to be performed with their associated costs. YEAR TOTAL LOCAL NUMBER COST FOR AGRICULTURAL COST AT TOTAL COST PROCUREMENT COMPOST OF DELIVERY COMPOST USE` $21/TON TARGET IN DELIVERY DELIVERIES AND PROCURED TONS IN CUBIC REPORTING YARDS 2024 1,636 310 15 $11,250.00 1,512 $31,752.00 $43,002.00 2025 2,516 310 15 $11,250.00 2,392 $50,232.00 $61,482.00 2026 2,516 310 15 $11,250.00 2,392 $50,232.00 $61,482.00 2027 2,516 310 15 $11,250.00 2,392 $50,232.00 $61,482.00 TOTAL 9,184 1,240 60 $45,000.00 8,688 $182,448.00 $227,448.00 RE: RFP No. 2024-26 Request for Proposal Compost Broker 8/20/2024 City of Rosemead www.zerofoodprint.org 15 *Remaining tons of compost calculated by subtracting 310 cubic yards for local compost delivery, equal to 124 tons of compost, from each year's procurement targets. Detailed information regarding this conversion can be found at: https:Hgovt.westlaw.com/calregs/DOcument/IBB36734D5B4Dl 1 EC976B000D3A7C4BC3?view Type=Ful (Text&o ria i nationContext=docu menttoc&tra nsitionTyl2e=CategorvPageltem&context Data=(sc. Default)&bhco=l The maximum not to exceed fee for all services to be rendered and materials to be furnished between 2024 and 2027 is $227,448.00. Option B: Alternatively, ZFP is also able to fulfill all of the City of Rosemeads SB1383 requirements at a flat rate of $21/ton without addressing the City's compost and mulch requests for local parks and facilities and instead delivering the full procurement target to farms and agricultural projects throughout the state of California. Within this structure, the price for full procurement compliance for the City's 2024, 2025, 2026, and 2027 targets is $34,356, $52,836, $52,836, and $52,836, respectively. The maximum not to exceed fee for all services to be rendered and materials to be furnished between 2024 and 2027 is $192,864.00. Zero Foodprint can also work towards a reduced or partial procurement amount RE: RFP No. 2024-26 Request for Proposal Compost Broker 8/20/2024 City of Rosemead www.zerofoodprint.org 16 vZero Foodprint Appendix A: Key Personnel Resumes RE: RFP NO. 2024-26 Request for Proposal Compost Broker City of Rosemead www.zerofooclprint.org `rl Zero Foodprint 2370 Market Street Suite 103, Box #332 San Francisco, CA 94114 www.zerofoodorint.org 8/20/2024 Leo F. Beckerman 2370 Market Street, Suite 103, Box #332, San Francisco, CA 9411 EXPERIENCE 510.214.2515 Director of Operations, Zero Foodprint February 2020 - Present • Manage fundraising and grant submission and reporting: state, federal, and private sources • Oversee all compliance and financial activity: budgeting, reporting, AP/AR • Develop program and administer over 100 outgoing farm grants from RFP to reporting/completion. • Manage farmer/rancher outreach and communications. • Oversee all contracts, contract management, and subcontractors. • Develop IT for submission, scoring, and awarding for all outgoing farm grants. Director, Association of Compost Producers • Head of Marketing Committee • SB1383 Procurement Compliance lead. January 2023 - Present Business and Management Consultant, Self -Employed July 2016 - February 2020 • Assist entrepreneurs and business owners with planning, financial forecasts, operations, growth strategies and opportunities • Help implement accounting systems • Help implement inventory and COGS management systems. Co -Founder & Board Member, Wise Sons Jewish Deli October 2010 -Present • Originated and developed idea for restaurant concept • Developed business plan from concept to long term growth CEO, Wise Sons Jewish Deli January 2011 -April 2016 • Drove annual sales from <$75,000 to $6M • Developed, implemented, and scaled financial tracking systems for multi -unit operations • Hired and managed staff of 90 across five units • Developed and oversaw quality control and standards implementation • Oversaw compliance with state and local laws, OSHA, health codes, licensing and permits Project Associate, American Association of Blood Banks December 2005- July 2010 • Created and conducted IRB approved studies regarding blood donation in Guyana, Mozambique, Rwanda, Tanzania, Moldova • Worked with in -country CDC and Ministry of Health officials to improve safety of blood supply in Guyana, Mozambique, Rwanda, Tanzania, Kenya, South Africa, Moldova. • Organized and coordinated international trainings and conferences • Assist in Transfusion Service Standards creation EDUCATION Babson College 2015 • 10,000 Small Businesses program University of California, Berkeley 2005 • Community Health & Education; with Honors Universidad de Chile, Santiago 2004 • Spanish Language in Jami Witek iamiwitek@amail.com 1949.874.9412 PROFESSIONAL EXPERIENCE Zero Foodorint (www.zerofoodprint.org), Remote November 2022 -Present Grants Manager Oversees Zero Foodprint's compost grant programs, including Compost Connector, a program matching farms and ranches seeking compost with funding from jurisdictions aiming to meet their SB1383 procurement targets. • Compost Connector Program Lead— Manage and maintain daily operations of Compost Connector including buildout of grant application and program flow, Airtable database of applicants, and incoming grants • Jurisdiction/Grantee Support — Point of contact for 150+ program participants, providing assistance on technical and logistical program components and ensuring access to necessary documentation • Key Deliverables — Responsible for program related financial records, contract management, progress and procurement reports; verifying all projects meet program criteria and are SB1383 compliant • Farming Partners Liaison —Work hand in hand with stakeholders from Foodshed's Climate Smart Incentives Program and Spreading Soil Wealth grant program to provide compost and spreading services to underserved farming communities in San Diego County • Funding Generation —Spearhead creation of 20+ proposals annually, resulting in $1.5mil in won contracts Drew Altizer Photograph v (www.drewaltizer.com), San Francisco, CA 2006-2013; 2017-2020 Studio Director; Event and Client Services Lead First company hire. Worked side by side with Founder/Owner to grow business from 100 events a year to 800 events a year by cultivating strong client relationships, vetting and training talent and fostering relationships with media outlets. Independently created and oversaw end-to-end bespoke photography and publicity services. • Cross Functional Management—coordinated with internal team of 25+ photographers and editors; collaborated with PR firms, event planners, editors, and nonprofits • Media Outreach — proactively pitched photographic content to local and national publications in support of clients' strategic objectives; maintained contact with major local and national lifestyle publications • Company Management—major contributor to building company infrastructure, including finance/accounting system and proprietary CRM software • Logistics Expert— Coordinated up to 25 events a week, working with clients, vendors, and staff to schedule, photograph, edit and distribute photos on tight deadlines Sorogs (www.sprogsfresh.com), San Francisco, CA 2014-2016 Business Operations Director The first management hire. Worked closely with Founder/CEO to grow company from $0 to $500,000 revenue over two years. Involved with all aspects of business operations across retail and corporate customers. • Production Scheduling —created production schedules based on sales forecast, facilities and employee schedules and distribution logistics • Inventory and Purchasing—tracked raw materials and finished goods inventory, responsible for purchase of all ingredient and packaging supplies, tracked expenses within Quickbooks • Field Marketing—created and produced marketing materials, staffed and managed marketing and sales events EDUCATION Bachelor of Arts, Mass Communications, 2005 — University of California, Berkeley 19 ANTHONY MYINT anthony@zerofoodprint.org (510) 599-2999 1303, SE 46`r Ave, Portland, OR 97215 GOAL Establish a regenerative food economy to restore soil health and sequester carbon as a global climate solution. NONPROFIT Zero Foodprint, San Francisco, CA EXPERIENCE Executive Director (June 2021 - present); Co -Founder (2014 - present) Conceptualized and operationalized award winning 501(c)(3), leading public- private collaborations with CA and CO state agencies, including the CA Department of Food and Agriculture, CO Department of Agriculture, CA Air Resources Board, and regional governments including Boulder County, City of San Francisco, Santa Clara County, Sonoma County and more. Directs strategy, fundraising, partnerships and programs. - Engages Board of Directors and dozens of stakeholder organizations - Zero Foodprint has awarded over $3 million to 120 carbon farming projects expected to remove 90,000 metric tons of carbon from the atmosphere. - Over 80 businesses have joined or renewed membership since 2020. - TED Speaker, 2024 - James Beard Foundation: Humanitarian of the Year, 2020. - Basque Culinary World Prize, 2019. BUSINESS Mission Chinese Food, San Francisco, CA and New York, NY EXPERIENCE Co-Founder/Restaurateur (2010 -present); Manager (2010-2020) - Concept development, business development, management. Oversight of daily operations for San Francisco location; coordinated MCF expansion to New York. - Restaurant of the Year (2012)," The New York Times - "20 Most Important Restaurants in America," Bon Appetit The Perennial, San Francisco, CA Co-Founder/Restaurateur (2016 - 2019) "Most Sustainable Restaurant in America," 10 Best New Restaurants in America - Bon Appetit. Commonwealth, San Francisco, CA Co-Founder/Restaurateur (2010 - 2019) Conceptual and business development for one -Michelin starred, charitable restaurant. Mission Street Food, San Francisco, CA Co-Founder/Chef (2008-2010) "Most Influential Restaurant of the Decade" - San Francisco Chronicle. Co -Author, "Mission Street Food., Recipes and Ideas from an Improbable Restaurant." EDUCATION Carleton College, B.A., 1999. Double Major: Economics and Asian Studies LANGUAGES Conversational Mandarin and Cantonese 20 (4 Zero Foodprint Appendix B: Sample Reporting Documents RE: RFP NO. 2024-26 Request for Proposal Compost Broker City of Rosemead www.zerofoodprint.org 21 Zero Foodprint 2370 Market Street Suite 103, Box #332 San Francisco, CA 94114 www. z e ro fo o d o r i n t. o rg 8/20/2024 Compost Connector Portal: 22 ... ■. W�, 22 ... ■. 22 Example Farm County: San Joaquin County Tons Procured: 24.00 Modeled CO2 Benefit: 14.0 Project Completion Date: 8/3/2023 Compost Connector Claim ID: Example -456 Compost Facility Information: Underserved Population: Asian Acres of Application: 3.0 Product Name: Greenwaste Compost Application Rate: Annual Crops: 6-8 tons per acre Site Name Address city Zipcode CalRecycle SWIS Contact ID Number Lopez Ag Service, 11499 Florin Road & Eagles Sacramento 95830 2116 34 -AA -0203 Mitch Lopez 916 -539 - Inc. Nest Road 1389 Photos of Project Implementation: Y ® oa xNSAa `� Y i] Qi: a `irCYl� 23 1%` Lopez AG Service, INC. 24 a 11499 Florin Rd. �\t �.0�` . E.r Olt Sacramento, CA 95830 Phone: (916) 682-5450 Fax: (916) 682-6251 INVOICE BILL TO SHIP TO SHIP VIA Semi INVOICE # - DATE 08/03/2023 DUE DATE 08/03/2023 TERMS Due on receipt � QTY AIL Natural Fertilizers:Custom blend O 24 66.00 Payment for 15 tons o' ^4�c blended compos at ndMof greenwas . ' compost (24 tons) delivered and sr,ea,, or clean open flat ground @ 2505 Wes. -lammer Lane, Stockton, CA Notes: Zero Foodprint is providing compost reimbursement to grower. Thank you for your business. SUBTOTAL TAX TOTAL PAYMENT BALANCE DUE AMOUNT 1,584.00 1,584.00 0.00 1,584.00 1,584.00 $0.00 Please note that a finance charge of 1.6% monthly will be added for all invoices that are not paid by due date - 19.6% annually 24 Example Vineyard County: Mendocino County Tons Procured: 493.18 Modeled CO2 Benefit: 1,108.8 Project Completion Date: 10/10/2023 Compost Connector Claim ID: Example -123 Compost Facility Information: Underserved Population: Veteran Acres of Application: 76.0 Product Name: Agrow Blend Compost Application Rate: Orchard/Vineyard: 6-8 tons per acre Site Name Address City I ZIpcode CalRecycle ID I SWIS Number Contact Cold Creek Compost, Inc. 6000 Potter Valley Road Ukiah 95482 2855 I 23 -AA -0029 (707) 485-5966 Photos of Project Implementation: 25 Cold Creek Compost, Inc. 6000 E. Side Potter Valley Rd. Ukiah, CA 95482 707.485.5966 coldcreekcompostcom BILL TO SHIP TO Invoice DATE # 10/13/23 _ P.O. # PHONE TERMS DUE DATE SHIP DATE SHIP VIA ZeroFoodPrintCC147 Net 30 11/10/23 10/10/23 Various DESCRIPTION QTY RATE TONS TAG NO. AMOUNT Agrow Blend Compost / Tons, Full 23.37 76.00 23.37 217305 1,776.12 Load, Delivered Within 5 Hours Agrow Blend Compost / Tons, Full 23.18 76.00 23.18 217312 1,761.68 Load, Delivered Within 5 Hours Agrow Blend Compost / Tons, Full 24.11 76.00 24.11 217323 1,832.36 Load, Delivered Within 5 Hours Agrow Blend Compost / Tons, Full 21.37 76.00 21.37 217324 1,624.12 Load, Delivered Within 5 Hours Agrow Blend Compost / Tons, Full 23.73 76.00 23.73 217331 1,803.48 Load, Delivered Within 5 Hours Agrow Blend Compost / Tons, Full 21.83 76.00 21.83 217332 1,659.08 Load, Delivered Within 5 Hours Agrow Blend Compost / Tons, Full 23.02 76.00 23.02 217333 1,749.52 Load, Delivered Within 5 Hours Agrow Blend Compost / Tons, Full 22.87 76.00 22.87 217339 1,738.12 Load, Delivered Within 5 Hours Agrow Blend Compost / Tons, Full 24.15 76.00 24.15 217340 1,835.40 Load, Delivered Within 5 Hours Total Payments/Credits Balance Due Sales Agreement: It is agreed by accepting the material purchased herein, that the Buyer is obligated to pay the amount due to the Seller, in accordance with the Seller's regular rates and terms, which shall be due 30 days from delivery. If unpaid on the due date, such balance shall be subject to a Delinquency Charge equal to 11/2% per mouth on the outstanding balance. Furthermore, if the balance remains unpaid for 15 days after written notice, Seller may refer or assign said balance to a collection agency or an assignee, and in that event the amount due may be increased by the amount equal to the collection charge or sale amount to such assignee (33% of the balance due) or reasonable attorney fees as set by a court 26 Cold Creek Compost, Inc. 6000 E. Side Potter Valley Rd. Ukiah, CA 95482 707.485.5966 coldcreekcompostcom BILL TO SHIP TO Invoice DATE # 10/13/23 _ P.O. # PHONE TERMS DUE DATE SHIP DATE SHIP VIA ZeroFoodPrintCC147 Net 30 11/10/23 10/10/23 Various DESCRIPTION QTY RATE TONS TAG NO. AMOUNT Agrow Blend Compost / Tons, Full 24.71 76.00 24.71 217341 1,877.96 Load, Delivered Within 5 Hours 'Actual Gross Weight = 81,120 lbs. Agrow Blend Compost / Tons, Full 23.87 76.00 23.87 217345 1,814.12 Load, Delivered Within 5 Hours Agrow Blend Compost / Tons, Full 24.49 76.00 24.49 217353 1,861.24 Load, Delivered Within 5 Hours Agrow Blend Compost / Tons, Full 24.21 76.00 24.21 217360 1,839.96 Load, Delivered Within 5 Hours Agrow Blend Compost / Tons, Full 24.58 76.00 24.58 217369 1,868.08 Load, Delivered Within 5 Hours Agrow Blend Compost / Tons, Full 23.84 76.00 23.84 217383 1,811.84 Load, Delivered Within 5 Hours Agrow Blend Compost / Tons, Full 24.36 76.00 24.36 217410 1,851.36 Load, Delivered Within 5 Hours "*Actual Gross Weight= 80,600 lbs. Agrow Blend Compost / Tons, Full 22.46 76.00 22.46 217417 1,706.96 Load, Delivered Within 5 Hours Agrow Blend Compost / Tons, Full 23.4 76.00 23.4 217426 1,778.40 Load, Delivered Within 5 Hours Total Payments/Credits Balance Due Sales Agreement: it is agreed by accepting the material purchased herein, that the Buyer is obligated to pay the amount due to the Seller, in accordance with the Seller's regular rates and terms, which shall be due 30 days from delivery. If unpaid on the due date, such balance shall be subject to a Delinquency Charge equal to 11/2% per month on the outstanding balance. Furthermore, if the balance remains unpaid for 15 days after written notice, Seller may refer or assign said balance to a collection agency or an assignee, and in that event the amount due may be increased by the amount equal to the collection charge or sale amount to such assignee (33% of the balance due) or reasonable attorney fees as set by a court 27 Cold Creek Compost, Inc. 6000 E. Side Potter Valley Rd. Ukiah, CA 95482 707.485.5966 coldcreekcompostcom BILL TO P.O. # PHONE ZeroFoodPrintCC147 DESCRIPTION Agrow Blend Compost / Tons, Full Load, Delivered Within 5 Hours Agrow Blend Compost/ Tons, Full Load, Delivered Within 5 Hours Agrow Blend Compost / Tons, Full Load, Delivered Within 5 Hours Agrow Blend Discount - Summer Sale TERMS Net 30 QTY 24.09 21.49 24.05 Invoice DATE # 10/13/23 _ SHIP TO DUE DATE SHIP DATE 11/10/23 10/10/23 RATE TONS TAG NO. 76.00 24.09 217441 76.00 21.49 76.00 24.05 -20.00% 217450 217451 Total Payments/Credits Balance Due SHIP VIA Various AMOUNT 1,830.84 1,633.24 1,827.80 37,481.68 -7,496.34 $29,985.34 $0.00 $29,985.34 Sales Agreement: It is agreed by accepting the material purchased herein, that the Buyer is obligated to pay the amount due to the Seller, in accordance with the Seller's regular rates and terms, which shall be due 30 days from delivery. If unpaid on the due date, such balance shall be subject to a Delinquency Charge equal to 11/2% per month on the outstanding balance. Furthermore, if the balance remains unpaid for 15 days after written notice, Seller may refer or assign said balance to a collection agency or an assignee, and in that event the amount due may be increased by the amount equal to the collection charge or sale amount to such assignee (33% of the balance due) or reasonable attorney fees as set by a court W COMET -Planner Report: Approximate Carbon Sequestration and Greenhouse Gas Emission Reductions and HSP Payments Project Name: Example Vineyard County: Mendocino Date: 2024/1126 12:26:30 corrpM M 111 rIpp1C!•On t•Apylce W0rdutWVlnsr•nh. 76 naM•) - 3111 .12 0 9115 5811.400 vudusse trwn • aMlse canoaery 1uJF1Y • 8lorelav imah 3G8 12 0 3]6 S6[1G -Negative values indicate a loss of carbon or increased emissions of greenhouse gases "Values were not estimated due to limited data on reductions of greenhouse gas emissions from this practice "'Final payment may be different than estimated payment, pending application review and approval For more information on how these estimates were generated, please visit www.camat-planner.com. Page 1 29 COMPOST PROCUREMENT 8c DIRECT SERVICE PROVIDER AGREEMENT This agreement is made by and between Grower Example ("Provider') and Zero Foodprint ("ZFP"), who agree as follows: 1. Purpose. Provider wishes to acquire recovered organic waste product for use at Example Farm [business name] in the form of finished compost ("Compost") on behalf of ZFP's client agencies ("Agencies") to assist the Agencies in complying with the requirements of regulations implementing Senate Bill 1383, California Code of Regulations, title 14, sections 18993.1 through 18993.4 (the "SB 1383 Regulations'), in exchange for reimbursement of some of Providers costs to acquire the Compost. Provider thus intends to and agrees to be a "Direct Service Provider' as defined by the SB 1383 Regulations, section 18982(17) to the Agency/ies specified in Section 2.c, below. 2. Compost Reimbursement Program a. This Compost Reimbursement Program is subject to ZFP obtaining funding for the program. Signing this agreement does not guarantee that Provider will receive reimbursement for Compost. ZFP may suspend the program at any time, for any reason, including but not limited to lack of or change in funding or change in the SB 1383 Regulations or the interpretation thereof. b. Provider acknowledges that only Compost products that (i) meet the definition of compost in California Code of Regulations, title 14, sections 17896.2(a)(4) and 18993.1(f)(1), and (ii) are obtained from a vendor listed on ZFP's list of Approved Vendors of Compost (see section 2.e.i, below) are eligible for reimbursement. c. Provider agrees that the Agencies listed in Exhibit A may claim credit for Providers use of the Compost. d. Provider agrees that it will not allocate Compost reimbursed pursuant to this Agreement to any other organization or jurisdiction for the purpose of satisfying SB 1383 compost procurement requirements. e. To receive a reimbursement for purchased Compost, Provider must comply with the following steps: L ZFP will maintain a list of Approved Vendors of Compost, which is available at https://www.zerofoodprint.org/compost (the "Portal"). Only Compost purchased from Approved Vendors is eligible for reimbursement. ZFP will post on the Portal when reimbursements are available for purchasing Compost and the value of such reimbursements. To receive a reimbursement, Provider must first start a claim. Once a claim has been 30 COMPOST PROCUREMENT & DIRECT SERVICE PROVIDER AGREEMENT started, Provider must select an available reimbursement by logging in to the "Portal" and selecting quantity and type of reimbursement coupons. iii. After claiming an amount of Compost for reimbursement via the Portal, Provider must purchase and request reimbursement for the amount of Compost claimed within 30 days. If Provider does not submit documentation for reimbursement pursuant to Section 2.d.iv, below, by that time, ZFP may release the claimed reimbursement to other program participants, and Provider may not be reimbursed after that time. iv. After claiming the Compost, Provider must provide the following documentation to ZFP within 30 days, by logging in to Portal, selecting the previously made claim, and uploading the following documentation: 1. Invoice(s) for Compost that includes the name and address of Approved Vendor, Compost product name, and amount of Compost product purchased (by weight or volume). The name on the invoice must match the name of the party signing this Agreement or the name of the farm identified in Section 1. 2. Brief description of how Compost was used. 3. Identification of location where Compost was used. 3. ZFP Obligations a. Upon receipt from Provider of the documentation described in Section 2.e.iv, ZFP will review the claim and uploaded documentation. Upon review, satisfactory and complete claims will be approved. Payment will be made via paper check or ACH payment. 4. General Provisions a. Term. The term of this Agreement shall begin on the date last signed below and end on 12/31/2024. b. Public Records. This Agreement and documentation submitted to ZFP pursuant to this Agreement may be provided to Agencies contracting with ZFP, and thereafter may become public records subject to disclosure under the California Public Records Act, Cal. Gov. Code sec. 7290.000, et seq. c. Assumption of Risk/Release of Liability. By signing this Agreement, Provider promises not to sue or otherwise make a claim against ZFP or the Agencies (including ZFP's and the Agencies' employees, officers, agents, volunteers, subcontractors, successors, and assigns) for any injury, property damage, or other harm related to Provider's participation in the Compost reimbursement 31 COMPOST PROCUREMENT & DIRECT SERVICE PROVIDER AGREEMENT program, including purchase and use of the Compost, and transportation of the Compost to the location where Provider uses it. Provider expressly agrees that this assumption and release is intended to be as broad and inclusive as permitted by California law. Provider acknowledges that it has read the foregoing and is aware of the legal consequences of this Agreement including that it prevents it from suing ZFP and the Agencies for any injury or property damage suffered due to participation in the Compost reimbursement program. d. Termination. Either Provider or ZFP may cancel this Agreement at any time and without cause upon five (5) days' written notice. In the event of termination, Provider shall be entitled to reimbursement for all Compost claimed and purchased pursuant to Section 2.d prior to the effective date of termination, provided Provider provides ZFP with the documentation required by Section 2.d.iv. e. Amendments. The parties may amend this Agreement only by a writing signed by all the parties. Dispute Resolution. The parties shall make a good faith effort to meet and to settle any dispute or claim arising under this Agreement prior to pursuing litigation. 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. g. Governing Law. The laws of the State of California shall govern this Agreement. h. Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Francisco or in the United States District Court for the Northern District of California. Severability. If a court of competent jurisdiction finds or rules that any provision, including but not limited to any clause, term, section, or subsection, of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. j. No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a continuing waiver or a waiver of any other breach of that term or any other term of this Agreement. No waiver or modification is valid unless made in writing. 32 AGREED: Signature Date COMPOST PROCUREMENT & DIRECT SERVICE PROVIDER AGREEMENT k. Successors and Assigns. The provisions of this Agreement and all surviving covenants shall inure to the benefit of and shall apply to and bind the successors, heirs, and assigns of the parties. I. Integration. This Agreement, including attached Exhibits, represents the entire and integrated agreement between ZFP and Provider and supersedes all prior negotiations, representations, or agreements, either written or oral. Grower Example Example Farm 123 Main Street Farm City CA 91208 grower@examplefarm.com 5555555555 33 Attachment E Synagro Proposal Proposal for RFP No. 2024-26 Recovered Organic Waste Products Procurement Services to the City of Rosemead Submitted on August 21, 2024 SYNAGRO YOUR PARTNER FOR A CLEANER, GREENER WORLD 435 Williams Court, Suite 100 Baltimore, MD 21120 s}nagro.com AUGUST 21, 2024 Ms. Arlene Tieu, Administrative Analyst City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 SYNAGR® Re: RFP No. 2024-26, Recovered Organic Waste Products Procurement Services Dear Ms. Tieu: Synagro-West LLC. (Synagro) is pleased to respond to the City of Rosemead's Request for Proposals for Recovered Organic Waste Products Procurement Services. Synagro's mission and core business purpose is focused on the management of municipal organics and residuals, including project development, operations, and compost product beneficial use recycling. This focus has resulted in Synagro being North America's leading provider of high-quality, cost-effective organics and residuals management for beneficial use services. We have been successfully meeting the organics and residuals management needs of hundreds of generators for more than 40 years. Synagro's experience in all areas is unparalleled and diversified. Synagro's proposed approach for the City's contract is to supply SB1383 compliant and certified AllGroTM compost produced at our State of California fully permitted South Kern Industrial Compost Facility (SKIC) located at 2653 Santiago Road, Taft, CA 93268, in reference to any applicable limitations of Public Contract Code Section 22150 or in support of Title 14, section 18993. We appreciate the opportunity to submit our proposal and qualifications for management of the City's SB 1383 compost procurement. Should you have any questions about our submittal or our approach to the project, please feel free to contact me at 323-843-7265 or via email at robertford(aynaero.com. We look forward to hearing from you soon. Sincerely, Radar 576� Robert Ford Business Development Manager YOUR PARTNER FORA CLEANER, GREENER WORLD YOUR PARTNER FOR A CLEANER, GREENER WORLD Table of Contents Section I. Approach and Scope of Work..............................................................2 Section 2. Project Team, Key Personnel and Resumes.......................................4 Section 3. Company Qualifications..........................................................................6 Section 4. References................................................................................................. 10 Section 5. Standard City Contract and Insurance Requirements ...................... I I Section 6. Addenda Acknowledgement ........................... Section 7. Cost Proposal ................................................... ....................... 12 ........................ 13 �� Proposal to Recovered Organic Waste Products Procurement Services YOUR PARTNER FOR A CLEANER, GREENER WORLD Section 1. Approach and Scope of Work SB 1383 COMPLIANT, SYNAGRO ALLGROTM COMPOST MEETS THE CITY'S REQUIREMENTS Synagro will supply SB1383 compliant and certified AllGroTM compost produced at our State of California fully permitted South Kern Industrial Compost Facility (SKIC) located at 2653 Santiago Road, Taft, CA 93268, in reference to any applicable limitations of Public Contract Code Section 22150 or in support of Title 14, section 18993. SYNAGRO'S PROPOSED WORK PLAN SKIC, located in Taft, Solid Waste Facility Permit Facility Number 15 -AA -0381, will supply all required certified compost. Synagro will supply preferably AllGroTM certified compost with established Kern County, California based agricultural businesses or direct with growers based on their healthy soil requirements in accordance with seasonal and cropping cycle needs for a cost benefit to the City of Rosemead (City). In addition to composting, Synagro will manage distribution of the compost. Our product customers will be provided for reporting purposes details but would be considered confidential outside of reporting. Synagro will provide sufficient confirmations, shipment details, and weights from Synagro certified scales for Cal Recycle SB1383 compliance reporting of the City's tonnage of compliant recovered organics waste compost as supplied for the benefit and credit of the City. Synagro will manage all aspects of the compost including transportation for calendar year 2024 - 1,636 tons of SB 1383 compliant compost to agricultural businesses or direct with growers for calendar year 2024. Calendar years 2025 and beyond: 2,516 tons estimated for compost tonnage each calendar year. Pricing for all three years is included in Section 7. Cost Proposal. SYNAGRO'S COMPOST FACILITY FOR GARDEN GROVE South Kern Compost Manufacturing Facility Seated approximately 50 km southwest of Bakersfield, California, South Kern Compost Manufacturing Facility (SKIC) was commissioned in 2006 to alleviate Synagro's Los Angeles area customer's concerns about long-term viability of land application of residuals in Southern California. Beyond this objective, SKIC aimed to meet the highest standards in addressing air quality and odor control while expanding regional organics recycling capacity which now supports SB 1383. Proposal to Recovered Organic Waste Products Procurement Services YOUR PARTNER FOR A CLEANER, GREENER WORLD SKIC was originally designed to utilize a state-of- the-art Engineered Negative Aerated Static Pile composting technology to blend and compost up to 400,000 tons annually of treated residuals in combination with up to 270,000 tons annually of bulking organics (i.e., agricultural, wood waste, green waste and food waste) and other available carbon - rich sources, into Class A - Exceptional Quality (EQ) composted soil amendment. The SKIC design includes an enclosed Synagro utilizes an enclosed organics receiving and mixing building along with biofiltration in its compost system that effectively controls VOCs and odors. organics receiving and feedstock mixing building, along with the Engineered Positive Aerated Static Pile compost system, including Biofiltration to control Volatile Organic Compounds (VOC's) and odors by over 80%. In the first quarter of 2016 the facility has been converted from negative Aerated Static Pile (ASP) to positive ASP. The benefits of this conversion include: o Reduced electric consumption and improved energy efficiency. o Lower equipment repair and maintenance costs due to less materials movement during the compost process o More efficient biofilter utilization o Less water handling which simplifies pond management o Continued compliance and leadership with BACT o Improved solution for removal of organics from landfill Spnagro meets allgeneral operating standards as a compostable materials handling operation or facility,as outlined in Section 17852(a)(12) oftbe SB 1383Regulations. Proposal to Recovered Organic Waste Products Procurement Services 77 YOUR PARTNER FOR A CLEANER, GREENER WORLD Section 2. Project Team, Key Personnel and Resumes Synagro has a depth of experienced residuals and organics composting personnel. In addition to the key personnel listed below, Synagro has many additional experienced engineering, permitting, and operational employees and contract management. Key regional individuals are as follows: CRAIG GEYER, REGIONAL VICE PRESIDENT Craig Geyer joined Synagro in 2002 as an Operations Manager with day-to-day responsibilities of the company's biosolids management projects in Arizona. In 2005, management of Synagro's Arizona Soils Compost Facility was added to his role, giving him over 18 years of experience in municipal biosolids composting. Currently Craig is responsible for management of the company's operations in California and Arizona to including all five of the company's composting facilities, daily haul/land application projects and WWTP facility clean-out operations. Prior to joining Synagro Craig held several construction management and superintendent positions with 12 years of experience in that field. Craig holds a Class A General Contractor's License for the State of Arizona. ROB RANKIN, FACILITY MANAGER - SKIC Rob Rankin began his career with Synagro in 2001 in a dryer facility operations capacity. After five years working with our drying facilities, he moved into compost operations and is now responsible for the day-to-day management of SKIC's site personnel and operations. He manages staffing, equipment maintenance, interaction with trucking company representatives, and recordkeeping for incoming feedstock and outgoing finished compost materials. THOMAS FANTOZZI, NORTHERN CALIFORNIA COMPOST SALES MANAGER Thomas Fantozzi joined Synagro in 2021 in his current role in compost sales. He is responsible for compost sales and marketing outreach for Synagro's three northern California compost facilities, Central Valley Composting, South Kern Compost Facility, and Liberty Composting. Thomas has deep roots in the agriculture industry, having grown up on a family farm in California's Central Valley. Prior to joining Synagro, he served as Grower Relations Manager for Full Harvest, leading the development of that department and building relationships with large and small growers throughout the nation. Throughout his career, Thomas has held business development and marketing positions at several different companies, including PepsiCo, G3 Enterprises (a subsidiary of Gallo Wine Company), and Full Harvest. Through these roles he has gained diverse experience in sales and marketing strategy, grower relations management, and operations management. 4Proposal to Recovered Organic Waste Products Procurement Services YOUR PARTNER FOR A CLEANER, GREENER WORLD Thomas holds a degree in Agribusiness from Cal Poly, San Luis Obispo and is a graduate of the 2022 Almond Board Leadership Program. TOM KELLEY, SOUTHERN CALIFORNIA COMPOST SALES MANAGER Tom Kelley possesses a broad range of biosolids management experience, knowledge, and success within the organics industry with 27 years of diverse management experience in southern California covering compost products sales and marketing and product distribution. Tom represented public and private interests while serving nine years on US Composting Counsel Board of Directors and is known by his colleagues and piers as the nation's top sales and marketing person surpassing 500,000 cubic -yards of compost product sales each year during a nine-year period - 1998 through 2006. He works closely with Business Development and Operations to ensure successful placement and beneficial use for Synagro's California compost product sales. Tom graduated from the University of North Texas with a Bachelor of Arts degree in Business Administration. l��)l Proposal to Recovered Organic Waste Products Procurement Services YOUR PARTNER FOR A CLEANER, GREENER WORLD Section 3. Company Qualifications Founded in 1986, Synagro's core business is the environmentally sound and economically viable management of municipal residuals and organics, including project Liberty Composting (CA) '88 development, operations and product marketing and Arizona Soils ( r91 distribution for ARGroT"' and Granulites`"'. Through this focus, Synagro has grown to be North America's leading Central Valley (CA) 'OS provider of high-quality, cost-effective organic based South Kern (CAA)) ' 07 '1133 materials management and beneficial use solutions. We have City of Austin y (F Charlotte County (FL) '14 been successfully meeting the management needs of Nursery Products (CA) '16 hundreds of sources for more than 45 years. Synagro's Cumberland County (NJ) '24 experience in all areas of residuals and organics management Holly Hill (SC) '24 is unparalleled 34 Fac ht es Moss the U.S. and Canada a.sw Dae. ame rea..> rnn�n ,7 s...,.wm.ou.omu xarwa.. rns,a. smo-n.aw�. 1,000 Municipal, Agricultural ad Industrial Cusmmers 16+ 80% Million Tpns of Residuals Of Re9duah Are Trandarmed Manaland Annually Into Beneficial the •Dryers ♦Componei, III rt.e"malue.„,r ♦Rail • ssw¢rn service}Cere,ngrly„ntIt—fined A✓-gil *RO/Re¢ional Office * Synagro composts almost a million wet tons of rrsiduals and organics in California andArkonia compost favi&ties annually. Proposal to Recovered Organic Waste Products Procurement Services 6 YOUR PARTNER FOR A CLEANER, GREENER WORLD SYNAGRO'S COMPOSTING BENEFITS The use of AIlGroTM compost generated from local organics provides the public with an opportunity to see the benefit of recycling materials, while also helping replenish nutrients and carbon for healthy soils on city and county properties. Synagro — one of the largest private composters in the United States and in California — participates with municipalities to establish programs and stands ready with multiple distribution options for AllGroTM compost enabling cities and counties to be compliant with SB 1383's procurement requirements. This is accomplished through the use of our Class A Exceptional Quality compost in a variety of applications, such as land used for community gardening, agriculture, landscaping in city parks, golf courses, on center divides of roads and highways, public giveaways, and in community or school gardens. Additionally, compost can be used in civil engineering applications like erosion control along roadways and streets. ADGroTM compost also provides many direct and indirect benefits when used as a component of systems and treatments designed for: • Carbon sequestration, • Water retention in soil, • Fire remediation and land reclamation, and • Storm water management and wetlands restorations. Byproduct Results: Reduced Volume Here 4% Proposal to Recovered Organic Waste Products Procurement Services YOUR PARTNER FOR A CLEANER, GREENER WORLD COMPOST CHARACTERISTICS A good way to describe AllGroTl" compost is to state what it is not. It is not manure or residuals or food waste or other organic substrates, either fresh or aged. It is not mulch such as wood chips, shredded green and wood waste. While a quality compost contains these elements, they must be combined in the proper ratios and undergo a controlled natural biological process of decomposition converting the inputs into basic elements during various approved composting process technologies used by Synagro to produce a high-quality Grade A tested and certifiable complexed nutritive compost. 100% Recycled Organics Synagro combines the following with extensive end -product marketing experience: Recycling Waste Diversion Processing of all received organic waste (Includes Residuals) into sustainable and renewable feedstocks for fertilizer products to divert organics waste from landfills and sequester carbon in the Innovation, Technology & Manufacturing Use natural biological processes with the integration of technologies and science to convert organic waste streams into renewable energy and low carbon fuels for private customers and public utilities. Regenerative Agriculture Landscape & Retail Transform organic waste streams into non -chemical fertilizers, water saving and erosion control products, which support improving soil health holistically while sequestering carbon. PROFESSIONAL & TECHNICAL ORGANIZATION MEMBERSHIPS As a company focused on organic based materials management, Synagro has leadership participation in many regional and national organizations affiliated with the water treatment, residuals, and organic product industry. .i Some of the relevant memberships include: • The Water Environment Federation —National and Local Chapters Composting • The Water Environment Association of Texas Council® • The Water Environment Research Foundation Proud Member • The United States Composting Council • The National Association of Clean Water Agencies • The Farm Bureau • Numerous Nursery Products, Turf Grass, and Landscape Associations 4 Proposal to Recovered Organic Waste Products Procurement Services 8 YOUR PARTNER FOR A CLEANER, GREENER WORLD Both Synagro and our customers have received numerous regional and national awards for organic based materials program excellence, including: • 2010 "Composter of the Year" US Composting Council AllGra compost A Natural Organic -Based, All -in -One Solution Stop Spending and Start Putting Money in the Bank AIIGro compost is generated from various organics in a tightly controlled process to provide growers with a high-value, Class A, Exceptional Quality, STA -Certified compost that • Provides significant water and nutrient savings while increasing yield benefits in a variety of applications: • Improves water retention as much as 20% on irrigated and non -irrigated land, keeping water where it is needed; • Improves yields while helping to abate certain plant diseases and pests; and • Provides critical slow nutrient release over time, including micronutrients at a 25% -plus cost savings vs. chemical fertilizers. I learn more, contact obert Ford by phone at .323.843.72 65 or by ail at bertford@synagro.com Proposal to Recovered Organic Waste Products Procurement Services YOUR PARTNER FOR A CLEANER, GREENER WORLD Section 4. References Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Tom Meregillano, Regulatory Specialist 714-593-7457 tmeregillanoCa, ocsd.com Removal, transportation, and composting of biosolids Customer since 1991 County Sanitation Districts of Los Angeles County 1955 Workman Mill Road Whittier, CA 90601 Matt Bao 562-908-4293 mbaoQlacsd.org Removal, transportation, and composting of biosolids Customer since 2018 City of Los Angeles 12000 Vista Del Mar Playa Del Ray, CA Alan Tran, Environmental Engineering 310-648-5995 Alan.tran@lacity.org Removal, transportation, and composting of biosolids Customer since 2000 City of Barstow 220 East Mountain View Street, Suite A Barstow, CA 92311-2839 Thomas Alva, Public Works Superintendent 760-255-51411 talvanbarstowca.org Removal, transportation, and composting of biosolids Customer since 2018 c' Proposal to Recovered Organic Waste Products Procurement Services 10 YOUR PARTNER FOR A CLEANER, GREENER WORLD Section 5. Standard City Contract and Insurance Requirements Synagro has attached our standard Materials Management Agreement which has been used for many similar customer contracts. Should we be the successful proposer for this contract, we request the opportunity to discuss the terms and conditions provided in our agreement for use in the final agreement with the City. 4Proposal to Recovered Organic Waste Products Procurement Services II SYNAGRO This Agreement made and entered into as of this Contractor and Customer. Materials Management Agreement day of 2022_ by and between Version 3/1/2018 Customer Legal Name C U S T Street Address O M E City / Town County State Zip Code R C Synagro Legal Name O N T Street Address R A C T City / Town State Zip Code O R Commencement Date Expiration Date The "Term" of this Agreement shall be from the Commencement Date up to and including the Expiration Date. This Agreement T and any extensions shall automatically renew on a year-to-year basis following expiration of the Term, until Contractor or E Customer delivers notice to the other party of its intent to terminate the Agreement. Such notice must be delivered at least 30 R days prior to the end of the then -current Term. If Contractor provides Contractor Services to Customer outside of the Term M without another written agreement, then such services shall be deemed provided pursuant to the terms of this Agreement (other than the Term) and Customer's request for or acceptance of Contractor Services shall be deemed consent to the terms of this Agreement. No such provision of services by Contractor shall be deemed an agreement to provide any further services or extend the term of this contract for additional periods. Customer Contact Name Telephone # B I Street Number/ P.O. Box Fax # L Address Contact Person L N E-mail Address G City / State Zip Code FOR CUSTOMER: Date S Signature I G N Name and Title A T U FOR CONTRACTOR: Date R Signature E S Name and Title Version 3/1/2018 SYNAGR® Materials Management Agreement SCOPE OF SERVICES AND PRICING APPENDIX Scope of Service. INSERT DETAILED DESCRIPTION OF ACTUAL SCOPE OF SERVICE(S) Customer Materials. Customer Materials shall consist of the following: INSERT DESCRIPTION OF CUSTOMER MATERIALS Method of Delivery of Customer Materials. The Customer Material shall be delivered to Contractor in the following manner: "Customer Facility(ies) " shall mean the following locations where Customer Material(s) are generated or stored: 1. Contractor right to refuse loads. If trucks or containers are loaded by Customer or its agents, Contractor has the right to refuse loads that are not within legal weight restrictions, are defective, or are not filled to mutually agreed-upon minimums or maximums. PRICE The Agreement Price(s) shall be as follows: RATE QUANTITY UNIT SERVICE Example: $0.0350 1,000,000 Gallon Transport liquid biosolids from Customer Facility to permitted land and land -apply liquid biosolids Example: $18.00 6,000 Cubic Yard Transport to landfill Cake Biosolids dewatered to solids. Materials Management Agreement Page 2 of 7 version 7/3/2021 SYNAGR® Materials Management Agreement CPI. All Agreement Prices shall be adjusted as follows: All Agreement Prices shall be adjusted annually beginning on 20 based on the Non -Seasonally Adjusted Consumer Price Index established by the United States Department of Commerce, Bureau of Labor Statistics, for with the CPI immediately preceding the Commencement Date being the base index. Said adjustment shall apply to all fees contained herein, and shall be based on the following formula: New Price = (Price Adjustment) x First Year Agreement Price Current CPI - Base CPI Price Adjustment = 1 + ( ) Base CPI CPI = Base CPI= Once the CPI is available, the price adjustment shall take effect retroactively, where applicable, as of the dates specified above for price adjustments. No New Price shall ever be lower than any existing current Agreement Price in effect immediately before the annual adjustment. Fuel Surcharge Adjustment All Agreement Prices shall be adjusted monthly for a fuel surcharge ("Fuel Surcharge Adjustment") to reflect any increased change in diesel fuel prices, in accordance with the table below, if the cost of retail on -highway diesel fuel (Department of Energy, Energy Information Administration — ) is at, or exceeds, $ per gallon (Base Price). The Fuel Surcharge Adjustment will be based on the following chart and the Retail On -Highway Diesel Price — as published by the U.S. Department of Energy's Energy Information Administration for and will be applied to the then current fixed or unit fee, as applicable. The Fuel Surcharge Adjustment will be no more than once a calendar month beginning with the second calendar month following the Commencement of Services and shall be adjusted as of the first day of each month. Fuel Surcharge Adjustment will then be applied as follows: For each $0.05/gallon increase thereafter add 0.5% EXAMPLE: Base Price = $3.01 / Gallon (� Diesel Price Mallon - Fuel Surcharge Note' Adjustment < $Base Price None Base Price to Base Price plus 0.5 $.049 Base Price plus $0.05 to 1.0 Base Price plus Diesel Price S/Gallon - Note' prices Note 1 - Fuel Rate based on DOE EIA monthly retail on -highway diesel Fuel Surcharge Adjustment <_ $3.00 (Base Price) None $3.01 - $3.049 0.5 $3.05 - $3.099 1. $3.10 - $3.149 1.5 $0.099 Base Price plus $0.1 to Base 1.5 Price lus $.0149 Diesel Price S/Gallon - Note' prices Note 1 - Fuel Rate based on DOE EIA monthly retail on -highway diesel Fuel Surcharge Adjustment <_ $3.00 (Base Price) None $3.01 - $3.049 0.5 $3.05 - $3.099 1. $3.10 - $3.149 1.5 Materials Management Agreement Page 3 of 7 Version 7/3/2021 SYNAGR® Materials Management Agreement GENERAL TERMS AND CONDITIONS 1. Definitions. As used in this Agreement. A. "Affiliate" shall mean arty Person which, directly or indirectly, owns or controls, or is under common ownership or control with, or is owned or controlled by, such Person. B. "Agreement" shall mean this agreement, and each and every exhibit, appendix and schedule attached hereto, and by reference made part of this Agreement. C. "Agreement Price(s)" shall mean any one or, collectively, all the prices to be paid by the Customer to Contractor for Contractor Services. D. "Authorizations" means all authorizations, permits, applications, notices of intent, registrations, variances, and exemptions required for the removal, transportation and land application of Customer Materials in compliance with all Laws. E. Agreement shall consist of the following documents which Customer acknowledges receiving copies of: 1. The Agreement 2. Scope of Service and Price Appendix 3. General Terms and Conditions F. "Contractor Facility" shall mean a facility operated or controlled by Contractor or an Affiliate of Contractor. G. "Contractor Services" shall be those services described in Scope of Service and Price Appendix. H. "Customer" shall mean the entity identified as Customer in the first paragraph of this Agreement and its permitted successors and assigns. I. "Customer Material(s)" shall mean the materials generated by or stored at the Customer's Facility which are described in Scope of Service and Price Appendix, Section A. 2. and meet(s) the requirements set forth in Appendix 2. J. "Governmental Authority" means any governmental authority including the United States of America and any State, local authority, political subdivision, agency, department, commission, board, bureau, court, tribunal having jurisdiction over this Agreement, Customer Matenal(s), or Contractor, Customer, or Customer Facility. K. "Hazardous Materials" means any "petroleum," "oil," "hazardous waste," "hazardous substance," "toxic substance," and "extremely hazardous substance" as such terms are defined, listed, or regulated under Laws. L. "Intended Use" shall mean any use, placement or disposal of Customer Materials pursuant to this Agreement including by example, land application, composting, deposit in landfill, or incineration. M. "Laws" means any Authorization and any applicable federal, state, or local law, rule, regulation, ordinance, order, decision, principle of common law, consent decree or order, of any Governmental Authority, now or hereafter in effect. N. "Non -Conforming Malenal(s)" shall mean material(s) which (i) fail(s) to meet the description or characteristics described in Appendices land/or 2, or (ii) are Hazardous Materials, or (iii) contain a concentration of polychlorinated biphenyls equal to or greater than 50 milligrams per kilogram of total solids (on a dry weight basis) or (iii) contains PFOA/PFAS levels in excess of any federal or state guidelines or regulations. O. "Party" shall mean either Customer or Contractor; "Parties" shall mean Customer and Contractor. P. "Person" shall mean any partnership, corporation, Governmental Authority, trust or legal entity, as well as a natural person. Q. "Term" shall mean the tern of this Agreement including any extensions, as provided for in the Agreement. 3. Services. Contractor shall provide Contractor Services to Customer. 4. Price and Admustments. A. The Agreement Price(s) for Contractor Services is set forth in Scope of Services and Price. B. Contractor will have no duty to handle Non -Conforming Materials unless Customer and Contractor mutually agree to terms including cost for the handling of such Non -Conforming Materials on a case-by-case basis. If Contractor discovers material is Non -Conforming after It takes possession, then Customer shall reimburse all costs and expenses of Contractor in handling such Non -Conforming Material until Customer arranges for removal and transportation of such Non - Conforming Material for appropriate processing and disposal, plus 10% of such costs and expenses. 5. Ownership of Materials. Customer shall retain all title to and ownership of the Customer Material and Non -Conforming Materials. 6. Resection or Revocation of Acceptance of Materials. A. Contractor shall have the right to reject any Non -Conforming Material prior to taking possession or revoking its acceptance after taking possession of any Non -Conforming Material, provided that Contractor notifies Customer by telephone or in writing of such rejection of Non -Conforming Materials promptly upon Contractor's discovery thereof. Any such notice of rejection not given initially in writing shall be promptly confirmed in writing to Customer. Contractor shall provide Customer with the documentation used to identify Customer Materials as Non -Conforming, and Customer shall have the right to re -lest the Customer Materials. B. Within twenty-four (24) hours after receipt of notice of rejection of Non -Conforming Material (or such longer period provided that Customer is acting with due diligence). Customer shall in accordance with Laws, arrange for and pay all costs associated with the testing, removal and transport of such Non -Conforming Material for appropriate processing and disposal. If Customer fails to remove Non -Conforming Materials) within 10 business days of the date Customer is noted by Contractor, then Contractor shall have the right, but not the obligation, to remove, store, handle, transport, store, process and dispose of Non - Conforming Materials and Customer shall reimburse Contractor for all costs and expenses associated therewith, plus 10% of such costs and expenses. C. Nothing in this section shall be construed to limit Customer's obligation to indemnify Contractor. 7. Change in Conditions Affecting Quality of Materials. Customer shall immediately notify Contractor of changes or irregularities related to the creation, processing or conditions that would reasonably be expected to affect the quality, character or composition of Customer Materials. Customer shall promptly furnish to Contractor any information regarding known or suspected changes in the composition or characteristics of the Customer Materials. 8. RecordKeeping. Contractor shall maintain records of the Contractor Services to the extent Contractor is required by Law, and further, shall maintain records to the extent specifically set forth in Scope of Services and Price. Customer shall maintain records to the extent Customer is required by Law. Customer shall keep and maintain records showing all data necessary for computation of the invoiced amounts during the tern of the Agreement and for eighteen (18) months after the termination of the Agreement. Customer shall, upon reasonable notice from Contractor, allow Contractor to inspect and copy all records reasonably necessary for Contractor to compute the amounts to be invoiced. 9. Terms of Payment. Customer shall pay Contractor the full amount due under any invoice within thirty (30) days of the date of the invoice. Any invoice amount not paid in full within thirty (30) days of the date of the invoice shall bear interest at the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum legally permissible interest rate on any unpaid balance thereof. Interest shall be computed from the date of the invoice. 10. DefaultTermination. A. In the event a Party seeks to terminate this Agreement because the other Party has failed to perform one or more of its material obligations hereunder, then the non -defaulting Party shall give a default notice to the defaulting party. Such default notice shall list with reasonable detail the nature of the default. Unless otherwise stated in Subsection B below, a defaulting Party shall have a right to cure a default within 10 days. If the defaulting Party fails to cure the default within 10 days after the receipt of the default notice, then this Agreement may be terminated by the non -defaulting party by delivery of notice of termination, effective on the termination date stated in in such termination notice. B. Notwithstanding any provision herein to the contrary, Contractor may immediately terminate this Agreement upon notice to Customer if. Materials Management Agreement Page 4 of 7 Version 7/3/2021 SYNAGR® Materials Management Agreement (1) Customer fails to make full payment within 30 days of any invoice date; (ii) there is a change in or to the interpretation of any Laws which increases Contractor's risk or cost, or which would serve to delay Contractor's performance of Contractor Services; (iii) Contractor reasonably determines that performing Contractor Services will cause personal injury, or damage to a Party's facilities, equipment or operation, or will cause Contractor to be in violation of Laws, or will produce or cause to be produced a process byproduct that is classified as Hazardous Material(s); or (iv) Customer fails to provide the NANI or NANI Equivalent as provided for in Section 29.A.4.b. of this Agreement. C. Non -Default Termination If the Customer has exercises a discretionary right to early termination that is not based on default, the Contractor will be compensated for early termination costs, including but not limited to, recovery of capital costs, lost profit, demobilization costs, employment severance payments and cost to terminate subcontractors and equipment leases. 11. Indemnification. A. Contractor shall defend, indemnify and hold harmless Customer, its directors, officers and agents from and against any and all claims, suits, actions, proceedings, liabilities, losses, damages, fines, penalties and expenses of every character whatsoever (including, but not limited to, liability for pollution, environmental or natural resource damage or restoration, nuisance, bodily injury, sickness and/or disease, including death, and loss of or damage to property), to the extent proximately caused by Contractors negligence or breach of this Agreement. If any such suits, actions or proceedings are threatened or commenced, Customer shall promptly notify Contractor. B. Customer shall defend, indemnify and hold harmless Contractor, its partners, directors, officers, employees and agents from and against any and all claims, suits, actions, proceedings, liabilities, losses, damages, fines, penalties and expense of every character whatsoever (including, but not limited to, liability for pollution, environmental or natural resource damage or restoration, nuisance, bodily injury, sickness and/or disease, including death, and loss of or damage to property), to the extent they arise out of: (1) Customer's failure to comply with any of its obligations under this Agreement; (ii) Customer's delivery of Non -Conforming Material to Contractor; (iii) Contractor's acceptance, handling, use or application of Non - Conforming Material; and (iv) any other negligent act or omission or willful misconduct by Customer. If any such suits, actions or proceedings are threatened or commenced, Contractor shall promptly notify Customer. 12. Access. Customer shall provide Contractor access to Customer Facility(ies) as and when requested by Contractor in order to provide Contractor Services. Customer shall bear all costs or fees associated with providing access to Contractor. 13. Compliance with Laws. Unless otherwise specifically provided in this Agreement, Contractor shall comply with Laws directly regulating Contractor Services and Customer shall comply with all Laws imposed upon. 14. Physical Damage Responsibility: Insurance. A. Contractor shall provide workers compensation insurance for all its employees providing services underthis Agreement in accordance with applicable law. Contractors liability and out of pocket expenses is capped at the insurance provided in this agreement. B. Contractor shall provide commercial general liability insurance to cover the liabilities of Contractor arising out of the Contractor Services with limits of one million dollars ($1,000,000) for each claim, one million dollars ($1,000,000) products aggregate and two million dollars ($2,000,000) general aggregate. Such insurance shall provide that coverage shall not be canceled without thirty (30) days prior notice to Contractor and Customer, or ten (10) days' notice in the event that such coverage is cancelled for non-payment. Contractor shall provide evidence of said insurance, in the form of an insurance certificate, within thirty (30) days from the date hereof. Said certificate shall name Customer as an additional insured. C. Contractor shall provide general liability and property damage insurance to cover the liabilities of Contractor arising out of the use of vehicles in in the performance of Contractor Services with a combined single limit of one million dollars ($1,000,000), with an umbrella policy of five million dollars ($5,000,000). 15. Force Majeure. Neither Party shall be liable to the other Party for breach or for failure or delay in the performance of its obligations hereunder caused by any act or occurrence beyond its reasonable control, including, but not limited to: fires; floods; strikes (except any strikes involving a Party's personnel); a change in Federal, State, or local law or ordinance; orders orjudgments of any Federal, State or local court, administrative agency or governmental body; change in permit conditions or requirements; accidents; extreme weather conditions including, for example, hurricanes, tornadoes, unusually high amounts of precipitation, unusual extremes of temperature or wind, or unusually extended periods of adverse weather conditions; acts of war, aggression or terrorism (foreign or domestic); equipment failure (other than due to the inadequate maintenance thereof); and acts of God. It is specifically understood that, without limitation, none of the following acts, events or circumstances shall constitute an act or occurrence beyond a Party's reasonable control: (1) reasonably anticipated weather conditions normal for the region in which the work is performed or (ii) any failure to pay any sums in accordance with the terms of this Agreement. Whenever the provisions of this Section are believed to appy, the Parry relying thereon shall give prompt notice to the other Party of the circumstances, the basis for applicability of this Section and the time required to cure such breach or delay and Contractor and Customer shall use reasonable best efforts to agree on appropriate mitigating actions under the circumstances. This provision provides performance (including schedule) and financial relief if a Force Majeure event interferes with the Contractor's performance 16. Representation of Authority. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver and perform this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. 17. Survival of Obligations. Notwithstanding the expiration or sooner termination of this Agreement, any duty or obligation which has been incurred and which has not been fully observed, performed and/or discharged, and any right, conditional or unconditional, which has been created and has not been fully enjoyed, enforced and/or satisfied, shall survive such expiration or termination until such duty or obligation has been fully observed, performed and/or discharged and such right has been fully enjoyed, enforced and/or satisfied. 18. Entire Agreement This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, both written and verbal, between the Parties with respect to the subject matter hereof. 19. Counterparts. This Agreement may be executed in counterparts, which together shall constitute one and the same contract. The Parties may execute more than one copy of this Agreement, each of which shall constitute an original. 20. Assianmenk This Agreement shall be binding upon and inure to the benefit of the Parties thereto and their successors and permitted assigns. The Agreement may not be assigned by either Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed, except that Contractor may assign performance and/or collection to an Affiliate of Contractor without the consent of Customer. 21. Modification. This Agreement may not be amended, altered or modified except in writing signed by the Partes hereto. 22. Governing Law, Venue Selection. This Agreement shall be governed by and construed under the laws of the State of Delaware. Materials Management Agreement Page 5 of 7 Version 7/3/2021 SYNAGR® Materials Management Agreement 23. No Third Party Liability. Neither this Agreement nor any Subcontract is intended to give rise to or recognize any third party beneficiary to this Agreement. 24. Partial Invalidity. If any provision of this Agreement is determined to be invalid, illegal or unenforceable for any reason, that provision shall be deleted from this Agreement and such deletion shall in no way affect, impair, or invalidate any other provision of this Agreement, unless it was material to the consideration for the performance required. If a provision is deleted which is not material to such consideration, the remaining provisions shall be given the force and effect originally intended. 25. Consent to Breach Not Waiver. No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the Party claimed to have waived or consented. No consent by any Party to, or waiver of, a breach by the other Party shall constitute consent to, waiver of, or excuse of any other different or subsequent breach. No course of conduct or series of dealings shall constitute a waiver hereunder. 26. Notice. Except as otherwise specifically provided in this Agreement, all notices must be given in writing sent by recognized overnight courier or registered or certified US mail, postage prepaid, return receipt requested, addressed listed on the first page and with an additional copy of any notice to Contractor sent to: 435 Williams Court, Suite 100 Baltimore, MD 21220 Attn: Legal Manager Notice shall be sent to the referenced persons and addresses unless the Parties are otherwise notified in writing of a change in the name or address of the person to be notified. 27. Consequential Damaaes. In no event shall Contractor, its affiliated corporations and Affiliates or its and their directors, officers, employees or any of its subcontractors be liable for any incidental, indirect, special, punitive, economic or consequential damages, suffered or incurred by Customer or any of its agents or contractors as a result of Contractors performance or non-performance of services pursuant to this Agreement. In no event shall Contractor's liability hereunder exceed the value of the payments to Contractor under this Agreement, regardless of legal theory. 28. Draftina Responsibility. Neither Contractor nor Customer shall be considered the drafter of this Agreement, and any ambiguities herein shall not be construed against either Contractor or Customer, both having participated in the drafting of this Agreement. 29. Customer Materials. Customer represents and warrants the following with respect to the quality of Customer Materials: A. Biosolids. 1. Hazardous Materials. Customer will not provide Hazardous Materials to Contractor. 2. Polychlorinated Biphenyls. Customer Materials shall not contain a concentration of polychlorinated biphenyls (PCB's) equal to or greater than 50 milligrams per kilogram (dry weight basis), nor shall Customer Materials violate more stringent state or local standards, where applicable. 3. Suitability of Materials for Intended Use. All Customer Materials are suitable for their Intended Use and the qualities and characteristics of Customer Materials meet or exceed the minimum requirements under Laws for Intended Use. 4. Land Application of Biosolids. If land application is an Intended Use of Customer Materials, the following shall apply: a. Customer agrees to provide Contractor with Customer Materials that meet federal, state and local land application criteria at the time they are released to Contractor. Where Contractor Services include pathogen reduction requirements and/or vector attraction reduction, Customer is not obligated to meet pathogen and/or vector attraction reduction requirements. b. Customer shall provide Contractor documentation that Customer's biosolids meet 40 CFR PART 503, state and local land application quality criteria with respect to the three biosolids quality criteria (i.e. metals content, pathogen reduction requirements, and vector attraction reduction requirements) unless Contractor has specifically agreed otherwise as part of the Contractor Services described below. This information is to be supplied to Contractor using a Notice and Necessary Information ("NANI') form or NANI Equivalent within 45 days after the end of the Customer's monitoring period based on the biosolids testing frequency in 40 CFR 503.16. "NANI Equivalent" shall mean lab results which clearly show the three biosolids quality criteria are met (e.g. metal test results, fecal coliform lest results, SOUR test results). If Customer has more than one Customer Facility, a NANI Form or NANI Equivalent is required for each Customer Facility at which Contractor Services are being provided. If Customer uses more than one treatment process within Customer Facility, (for example, customer produces anaerobically digested and lime stabilized biosolids) a NANI form or NANI Equivalent is required for each treatment process used by the Customer. If Customer has stored biosolids in more than one location/structure within Customer Facility produced over different time periods or tested separately due to its unique characteristics or Customer's desired sampling program, a NANI form or NANI Equivalent are required for each Customer Facility storage location/structure. Contractor shall have the right to rely upon any information or certification provided by Customer and shall not have any independent duty to investigate or inquire regarding the subject matter of Customer's certification or of the information which Customer provides to Contractor. Where Contractor Services include pathogen reduction requirements, the NANI Form or NANI Equivalent provided Customer is not required to document compliance with pathogen reduction requirements by Law. Where Contractor Services include vector attraction reduction, the NANI Form or NANI Equivalent provided by Customer is not required to document compliance with vector attraction reduction requirements. c. If Customer fails to provide the NANI Form or NANI Equivalent when required by Law, Contractor shall have the immediate right, but not the obligation, to suspend or terminate Contractor Services or this Agreement. Customer shall be liable for all additional costs and expenses arising out of such suspension or termination. d. Contractor will land apply Customer Materials based on the most current NANI Form or NANI equivalent test results provided to the Contractor. 5. Disposal of Biosolids into Landfill. Where Customer Materials are to be disposed of in landfill(s), Customer Materials must meet the requirements in 40 CFR Part 258 (e.g., pass paint fitter test and be non -hazardous per 40 CFR Part 261) and any applicable state requirements B. Industrial Residuals: 1. Hazardous Materials. Customer will not provide Hazardous Materials to Contractor. 2. Polychlorinated Biphenyls. Customer Materials shall not contain a concentration of polychlorinated biphenyls (PCB's) equal to or greater than 50 milligrams per kilogram (dry weight basis), nor shall Customer Materials violate more stringent state or local standards, where applicable. 3. Suitability of Materials for Intended Use. All Customer Materials are suitable for their Intended Use and the qualities and characteristics of Customer Materials meet orexceed the minimum requirements under Laws for Intended Use. 4. Cadmium. Customer will provide Contractor with the total cadmium (Cd) concerdrelion of the residuals in milligrams per kilograms (mg/kg) dry weight with the frequency required by Laws. S. Disease Vectors. Customer Materials shall not attract disease vectors that endanger public health. 6. Disposal of Biosolids into Landfill. Where Customer Materials are to be disposed of in landfill(s), Customer Materials must meet the requirements in 40 CFR Part 258 (e.g., pass paint filler lest and Materials Management Agreement Page 6 of 7 version 7/3/2027 SYNAGR® Materials Management Agreement be non -hazardous per 40 CFR Part 261) and any applicable state requirements. C. Additional Customer Materials (if any) 30. Ethics Reporting. In the event that you become aware of unethical or illegal behavior by any Synagro employee, please report such behavior to Synagro through its third - party hotline at 888-577-9486. Reports may be anonymous. You may also report it on-line at EthicsPoint - Synagro Technologies. Materials Management Agreement Page 7 of 7 Version 7/3/2021 YOUR PARTNER FOR A CLEANER, GREENER WORLD Section 6. Addenda Acknowledgement No addenda were received for RFP No. 2024-26. Proposal to Recovered Organic Waste Products Procurement Services 12 YOUR PARTNER FOR A CLEANER. GREENER WORLD Section 7. Cost Proposal Alternate Proposal for the City due to ship back in commercial sized trucks for improved economics any additional tonnage not hauled back by Synagro would be applied to local agriculture and growers that allows for the City to remain SB 1383 compliant. 11 Estimated Estimated Facility Name Facility Name Address Amount of Frequency Uses AIIGroTM Compost 9108 Garvey Ave. -45 CY Compost Garvey 9108 Garvey Ave. -45 CY Compost Rosemead, CA or "23.5 Tons per 1 time / year $36.90 Center 91770 Community Community Rosemead, CA or`23.5Tons per Mime /year Rosemead High Events Center 91770 load Blvd. Rosemead, 1 time /year 4458 Rosemead School (No Bid) Rosemead High 10 CY Mulch CA 91770 Blvd. Rosemead, Mime /year School Garden School (No Bid) -45 CY Compost CA 91770 / 7933 Emerson PI 9060 Mission Dr. / Yard / Garvey or `23.5 Tons per Rosemead Park $36.90 ^'45 CY Compost Rosemead, CA 7933 Emerson PI Park load Yard / Garvey or -23.5 Tons per 5 times / year City Landscaping RosemeadCA , Invoicing would include an index fuel surcharge for all loads delivered to the above. Beyond 2025 would be adjusted based on Regional Indexed CPI or at a 3 % minimum. Park load 91770 Alternate Proposal Pricing for the City due to ship back of compost in commercial sized trucks for improved economics; any additional tonnage not hauled back by Synagro would be applied to local agriculture and growers that allows for the City to remain SB 1383 compliant. 11 Estimated Facility Name Address Amount of Frequency Pricing / Ton AIIGro•" Compost Garvey 9108 Garvey Ave. -45 CY Compost Community Rosemead, CA or "23.5 Tons per 1 time / year $36.90 Center 91770 load 4458 Rosemead Rosemead High 10 CY Mulch Blvd. Rosemead, 1 time /year No Bid School (No Bid) CA 91770 9060 Mission Dr. Rosemead Park -45 CY Compost / 7933 Emerson PI Yard / Garvey or `23.5 Tons per 5 times / year $36.90 Rosemead, CA Park load 91770 Invoicing would include an index fuel surcharge for all loads delivered to the above. Beyond 2025 would be adjusted based on Regional Indexed CPI or at a 3 % minimum. �� Proposal to Recovered Organic Waste Products Procurement Services 13 YOUR PARTNER FOR A CLEANER, //\1 GREENER WORLD �(v]j Alternate Proposal Pricing for the direct / local beneficial use of compost by Synagro which would be applied to local agriculture and growers that allows for the City to remain SB 1383 compliant with credits. Estimated Annual Beneficial Use Location Amount of Frequency Pricing /Ton Distribution AIIGroTM' Compost Kern Co Area Seasonal Agriculture Around South 2024 As Required until Crops, Nuts, Grapes $18.85 Kern Compost "'1,636 Tons volume complete or Landscaping Facility (SKIC) Kern Co Area Seasonal Agriculture Crops, Nuts, Grapes Around South 2025 1 time / year $19.60 Kern Compost "2,516 Tons or Landscaping Facility (SKIC) Pricing beyond 2025 would be adjusted based on Regional Indexed CPI or at a 3 % minimum s Proposal to Recovered Organic Waste Products Procurement Services 14 Attachment F North Hills Recycling Proposal f North Dills Recycling Recycling for a better environment August 20, 2024 RE: RECOVERED ORGANIC WASTE PRODUCTS PROCUREMENT SERVICES North Hills Recycling is glad to provide its proposal in response to RFP No. 2024-26 for Recovered Organic Waste Products Procurement Services. We have conducted all necessarydue diligence and examined the proposed contract documents, visited the sites, and examined the conditions affecting the proposed scope of work, and through this proposal, North Hills Recycling hereby proposes and agrees to furnish all labor, materials, supplies and equipment, and to perform operations necessary to complete the work as required by proposed contract documents and described in this proposal. As a locally owned business, North Hills Recycling offers the City of Rosemead both stability and accessibility. Our company has the strength of experience, and the invested participation of company leadership. We answer to our customers — not shareholders or out-of-state corporate offices. The City of Rosemead's priorities are North Hill's priorities. We look forward to the opportunity to serve the City of Rosemead. North Hills Recycling is committed to being the partner the City is looking for in achieving the City's diversion and environmental goals, and in meeting new and ongoing challenges in this industry. Sincerely, Cesar Medrano Chief Executive Officer North Hills Recycling, Inc. Printed on Recycled Content Paper 11 P a g e Response to Request for Bid RFP No. 2024-261 RECOVERED ORGANIC WASTE PRODUCTS PROCUREMENT SERVICES Presented to the City of Rosemead August 20, 2024 TABLE OF CONTENTS Tableof Contents.........................................................................................................................2 1. COMPANYPROFILE..............................................................................................................3 A. Business Name and Legal Business Status........................................................................3 B. Company Overview and Disclosure or Activities Performed...............................................3 C. Financial Interest in Other Businesses..............................................................................4 D. Litigation..........................................................................................................................4 E. Members Authorized to Negotiate and Execute Agreement................................................4 F. Credentials/Resumes/Certifications/Licenses..................................................................5 2. PROPOSED SERVICES..........................................................................................................5 A. Primary Proposal................................................................. Error! Bookmark not defined. 3. REFERANCES.......................................................................................................................7 Printed on Recycled Content Paper 2 1 P a g e Response to Request for Bid RFP No. 2024-261 RECOVERED ORGANIC WASTE PRODUCTS PROCUREMENT SERVICES 1. COMPANY PROFILE Presented to the City of Rosemead August20,2024 North Hills Recycling is an eco -conscious, Los Angeles -based company that provides waste and recycling services, as welt as roll -off and dumpster rentals for commercial and residential projects. As a family-owned and operated business with over two hundred years of combined managerial experience in waste management, we are committed to maintaining the highest quality services, keeping up with industry trends and regulations, and improving the environment in our community. North Hills Recyclingwas established in 1997 to address the need to manage the increasing volume of green waste coming from landscape projects. To better manage costs, North Hills Recycling decided to internalize the handling of the green waste by setting up a chipping and grinding operation. More recently, a sister company, North Hills Composting located in the City of Lancaster was permitted with the capacityto handle a peak load of 12,500 cubic yards on site at anytime. Over the years, this operation has grown to become central in meeting the growing demands for handling green waste originatingfrom surrounding municipalities. Today, North Hills Recycling offers cost-effective and environmentally friendly solutions that prioritize our customers' satisfaction, making North Hills Recycling a top choice for waste and recycling in the Los Angeles area. North Hills Recycling is in a unique position to assist municipalities in meeting the requirements of SB 1383 including the processing of green materials and the procurement of qualified recovered organic waste. A. BUSINESS NAME AND LEGAL BUSINESS STATUS North hills Recycling is a California registered corporation located at 11700 Blucher Ave Granada Hills, CA 91344. B. COMPANY OVERVIEW AND DISCLOSURE OR ACTIVITIES PERFORMED I. CONTRIBUTIONS TO ELECTED OFFICIALS The owner of the Company, Ramiro 0metas, has not made any contributions to thee lected officials of the City of Rosemead. Printed on Recycled Content Paper 3 1 P a g e Response to Request for Bid RFP No. Presented to the City of Rosemead 2024-261 RECOVERED ORGANIC WASTE PRODUCTS PROCUREMENT SERVICES August 20, 2024 ii. COMPANY HIERARCHY CESAR MEDRANO CHIEF EXECUTIVE OFFICER RAMIRO ORNELAS VICE-PRESIDENT ENRIQUE CAMACHO YULIMA NAVA SUPERVISOR I OFFICE ADMINISTRI HECTOR GUZMAN OPERATIONS MANAGER iii. NUMER OF YEARS IN BUSINESS North Hills Recycling, Inc. has been in business since 1997. iv. LOCATION OF OFFICE Located at 11700 Blucher Ave. in Granada Hills, CA 91344, North Hills Recycling operates a dynamic campus housing the company's green waste processing. North Hills Recycling offices, operations, and dispatch, call center, maintenance facility and truck yard are co -located on the site. C. FINANCIAL INTEREST IN OTHER BUSINESSES NotApplicable D. LITIGATION Neither North Hills Recycling nor its principal officers are or have been involved in any litigation in connection with any contract with a governmental agency. E. MEMBERS AUTHORIZED TO NEGOTIATE AND EXECUTE AGREEMENT Cesar Medrano is the only North Hills Recycling representative that is authorized to negotiate and to execute the agreement. Printed on Recycled Content Paper 41 P a g e Response to Request for Bid RFP No. Presented to the Rosemead 2024-261 RECOVERED ORGANIC WASTE PRODUCTS PROCUREMENT SERVICES August 20, 2024 F. CREDENTIALS/RESUMES/CERTIFICATIONS/LICENSES Cesar Medrano Chief Executive Officer As Chief Executive Officer, Cesar Medrano is responsible for the overall leadership of North Hills Recycling. Cesar Medrano has over 20years of experience managing, leading, and operating a green waste recycling facility. Mr. Medrano earned a bachelor's degree in business management from Redlands University. Ramiro Ornelas Vice President As Vice President, Ramiro Ornelas is second in command and supports the Cesar by overseeing internal operations and stepping in when the president is unavailable. Mr. Ornelas has a top-level leadership role in a company and oversees department managers. Enrique Camacho Supervisor As Fleet Supervisor, Enrique Camacho is responsible for the day-to-day operations of the North Hills Recycling Facility including managing the operations and ensuring that all the incoming material is processed in a timely basis and is transported to final destinations. Mr. Camacho has over 5 Years of recycling operations management and earned a bachelor's degree from California State University Northridge. Yulima Nava Office Administration As Office Administration, Yulima Nava is responsible for the day-to-day office operations of the North Hills Recycling Facility including managing all office personnel including accounts payable and receivable. Ms. Nave has over 5 Years of office administration experience and has earned a bachelor's degree from California State University Long Beach. Hector Guzman Operations Manager As an operation manager, Hector Guzman is responsible for the day-to-day recycling operation of the North Hills Recycling Facility including managing all divisional personnel as well as verifying compliant end products. Mr. Guzman has over 10 Years of Recycling Operations Experience and has earned a bachelor's degree from California State University Northridge. 2. PROPOSED SERVICES North Hills Recycling is submitting a bid to assist the City of Rosemead on meeting their annual procurement target of compost. Northhills Recycling Inc. will delivery SB1383 Compliant Materials Printed on Recycled Content Paper 5 1 P a g e Response to Request for Bid RFP No. 2024-261 RECOVERED ORGANIC WASTE PRODUCTS PROCUREMENT SERVICES Presented to the City of Rosemead August 20, 2024 to City -owned property landscaping, local school(s), and events. Northhills Recycling Inc. understands the materials that the City of Rosemead is requesting are SB1383 Compliant Materials and include but not limited to compost, compost blends, and mulch. Below you will find a price per cubic yard and price per ton delivered to the City of Rosemead. Unit Measure Total Price per unit DELIVERED Cubic Yard $22.00 Ton $15.00 Printed on Recycled Content Paper 6 1 P a g e 3. REFERENCES A. CLATRANS- LUIS MONTERUBIO (818) 403-1774 Northhills Recycling provided SB1383 Compliant Mulch to highways and State Facilities or highway application. B. CITY OF PASADENA PARKS AND REC. - ISAI GONZALEZ (626) 689-6423 Northhills Recycling is providing multiple materials to the City of Pasadena Parks and Rec Department in which in some SB1383 Compliant Materials are included. C. WEST SIDE SCHOOL DISTRICT- WILLIAM MASTERS (661) 878-5899 Supply SB1383 Compliant Compost to all fields in school district. 4. STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS A. NORTHHILLS RECYCLING WILL COMPLY WITH ALL ASPECTS OF THE AGREEMENT/ INSURANCE OR PROVIDE ANY COMMENTS THAT THEY WOULD LIKE THE CITY TO CONSIDER. Printed on Recycled Content Paper 7 1 P a g e