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Home My WebLink AboutreEarth Consulting LLC; 2019-03-05; PSA19-723ENVPSA19-723ENV City Attorney Approved Version 1/30/13 1 AMENDMENT NO.1 TO EXTEND AND AMEND AGREEMENT FOR RESTAURANT PILOT PROGAM REEARTH CONSULTING, LLC This Amendment No. 1 is entered into and effective as of the _______ day of ___________________________, 2020, extending and amending the agreement dated March 5, 2019 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and reEarth Consulting, a limited liability company, (“Contractor") (collectively, the “Parties”) for a restaurant pilot program to reduce plastics and single use disposables. RECITALS A. The Parties desire to alter the Agreement’s scope of work to include as needed program related tasks, as well as additional consulting support to restaurants; and B. The Parties desire to extend the Agreement for a period of one (1) year; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit “A”, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed thirty-two thousand and five hundred dollars ($32,500). 2. City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed five thousand dollars ($5,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A” by March 3, 2021. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// DocuSign Envelope ID: FE38923E-08AF-4071-9C0F-770F20FA4C9E 26th February PSA19-723ENV City Attorney Approved Version 1/30/13 2 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California REEARTH CONSULTING, a limited liability company By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Ionut Lucian Toma/CEO, Co-Founder (print name/title) By: (sign here) Joshua Prigge/CEO, Co-Founder (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: FE38923E-08AF-4071-9C0F-770F20FA4C9E PROJECT PROPOSAL Carlsbad 2020 CITY OF CARLSBAD RESTAURANTS PLASTIC & SINGLE-USE DISPOSABLES REDUCTION & ELIMINATION - PILOT PROGRAM REVISED PROPOSAL (2020) PREPARED FOR: Avecita Jones City of Carlsbad Date: 1/29/2020 PREPARED BY: Lucian Toma reEarth Consulting www.reearthconsulting.com reEarth Consulting - 949.330.0788 - lucian@reearthconsulting.com Page 1 of 11 PSA19-723ENV Amend 1 Exhibit A DocuSign Envelope ID: FE38923E-08AF-4071-9C0F-770F20FA4C9E PROJECT PROPOSAL Carlsbad 2020 INTRODUCTION The City of Carlsbad engaged reEarth Consulting to design, develop and implement a Pilot Program that incentivizes 25 restaurants in Carlsbad to reduce waste and eliminate plastic and other single-use, non-recyclable and non-biodegradable, disposable products, such as straws, stirrers, cutlery, utensils and styrofoam packaging. The City desires to reduce the impact of these types of products to the environment and comply with current and future state laws. reEarth Consulting submitted a 5 task project proposal for the Pilot and the City approved it in early 2019. (See PSA19-723ENV - Pilot Program - Reduce Plastics and Single Use Disposables). Due to unforeseen circumstances and delays, only Task 1 of the contract was completed in 2019 and Task 2 began in early 2020. Moreover, due to the fact that the contract for the project ends on March 5th of 2020, and the completion of the project would go beyond that date, the City engaged reEarth Consulting to submit a new proposal with the remaining tasks and add an additional 6th task. Due to new insights and a slightly new approach agreed upon by the City and reEarth Consulting for the Pilot, a few elements of the proposed course of action have changed since last proposal submitted. reEarth Consulting is pleased to submit the requested proposal for the renewal of the contract and the implementation and management of all aspects of the Pilot Program to incentivize Carlsbad restaurants in reducing and eliminating single-use, non-recyclable and non-biodegradable, disposable products, such as straws, stirrers, cutlery, utensils, styrofoam packaging and other plastics from their operations. reEarth Consulting acknowledges that this Pilot Program in Carlsbad will provide valuable insight and lay the groundwork for future planning, development and implementation of programs, and possible ordinances, to eliminate plastic, and other non-recyclable and non-biodegradable, single-use and disposable items in the City. In addition, this Pilot Program has the capacity to open doors to further opportunities to reduce other waste generated by Carlsbad restaurants, such as food waste and other organic materials. PILOT PROGRAM APPROACH The main objective for this Pilot Program is to educate and incentivize up to 25 Carlsbad restaurants, and other businesses that serve food and beverage to the public, to reduce and eliminate specific targeted products that they use on a daily basis. (The targeted reEarth Consulting - 949.330.0788 - lucian@reearthconsulting.com Page 2 of 11 PSA19-723ENV Amend 1 Exhibit A (continued) DocuSign Envelope ID: FE38923E-08AF-4071-9C0F-770F20FA4C9E PROJECT PROPOSAL Carlsbad 2020 participants in this Pilot Program, including restaurants and other businesses that serve food and beverage to the public, will be referred to as “restaurants” in this document.) The targeted products of the Pilot Program include: plastic, single-use, non-recyclable and/or non-biodegradable, disposable products, such as straws, stirrers, cutlery, utensils, styrofoam packaging and other restaurant items. Carlsbad restaurants are invited to participate voluntarily in the program by first registering for a free one-on-one educational training session. The session will include a presentation style training with how-to guides and resources on reducing, eliminating and replacing with eco-alternatives the targeted products. During the session the restaurants will be provided the opportunity to pledge to reduce and eliminate the targeted products and report back on their progress for up to 2 months, in return receiving the following incentives: ●Free designed marketing materials and content to inform their customers about their participation in the program and commitment to waste reduction and environmental stewardship. This will include: posters, table card-stock pop-ups, laminated bi-folds, menu insertions, flyers and brochures. ●Free designed training and informational materials, such as posters to be used and displayed in the restaurants for employees. ●Free informational and educational resources, as well as tools and ongoing consulting, for up to 4 hours per restaurant, to help further with waste reduction and elimination. ●Free marketing and advertising to the Carlsbad public about their participation in the program and commitment to waste reduction and environmental stewardship.* ●Incentives such as free samples of alternatives to the targeted products, and other incentives.* * These incentives may be provided only if and after the restaurant has reported on their progress at least one time. PILOT PROGRAM COMPONENTS reEarth will develop, implement and manage all aspects of the proposed Pilot Program. The following tasks will be performed: Task 1 - Development and management of program marketing and training materials reEarth Consulting - 949.330.0788 - lucian@reearthconsulting.com Page 3 of 11 PSA19-723ENV Amend 1 Exhibit A (continued) DocuSign Envelope ID: FE38923E-08AF-4071-9C0F-770F20FA4C9E PROJECT PROPOSAL Carlsbad 2020 reEarth Consulting completed and was paid by the City for this task. Task 2 - Registration and outreach to possible pilot program participants reEarth Consulting started implementing this task at the beginning of January 2020 and is currently ongoing. Note that due to new insights and a new approach agreed upon by the City and reEarth Consulting, the City asked reEarth Consulting to eliminate 3 of the elements of the original proposal. Once all the primary elements of the marketing, outreach and training materials are developed, reEarth will implement a marketing and outreach strategy that will include (in chronological order): ●Develop comprehensive Carlsbad restaurant tracking list - reEarth will work with The City of Carlsbad staff, the local Chambers of Commerce and other local partner organizations and businesses to obtain these lists. reEarth will develop a comprehensive spreadsheet to compile all of the restaurant information and will use the spreadsheet to track all outreach efforts to restaurants, responses from restaurants and participation levels. Restaurants details that will be recorded and tracked will include restaurant name, owner/manager names, address, phone number, email address, outreach completed, responses from restaurants, participation of restaurant and progress. ●Connect on social media with all Carlsbad restaurants – The reEarth social media pages used for this program will like, follow and subscribe to all social media accounts owned by Carlsbad restaurants. This will provide the opportunity to tag, mention, recognize and communicate with the restaurants during the program. ●6 step direct outreach strategy to register restaurants for program participation and training - reEarth will outreach to the restaurants in the following ways: ●Initial email from reEarth to all the restaurants in Carlsbad, announcing the program and its offerings, and inviting restaurants to register for a free training session on the program website or by phone. The email content will include a digital flyer. ●Initial email from City of Carlsbad to all the restaurants in Carlsbad, announcing the program and its offerings, and inviting restaurants to register for a training session on the program website or by phone. reEarth will provide the City a custom designed digital poster or content for this email to be approved by the City. This email will be sent within a few days after the reEarth initial email. reEarth Consulting - 949.330.0788 - lucian@reearthconsulting.com Page 4 of 11 PSA19-723ENV Amend 1Exhibit A (continued) DocuSign Envelope ID: FE38923E-08AF-4071-9C0F-770F20FA4C9E PROJECT PROPOSAL Carlsbad 2020 ●Initial phone calls from reEarth to all restaurants in Carlsbad to follow up on the emails and provide information about the program and its offerings. The call will be used to inquire into the restaurant’s interest in participating in the program, invite managers to meet in person to learn more and to register for a training session on the spot. reEarth will start calling restaurants that have not answered to the emails or registered after one week of the initial email. ●Door to door outreach to Carlsbad restaurants that have not responded to phone calls or email outreach about the program. reEarth will visit Carlsbad restaurants in person for 2 weeks throughout the City, connecting directly with owners and managers to invite them to participate in the program and schedule a training session. Flyers and/or brochures about the program will be handed or dropped off at each visited location. ●Follow up emails and calls reminding restaurants that have not responded to emails or calls about the program and inviting them to register for a training session on the program website or by phone. reEarth will email and call all restaurants that have not answered to the initial outreach efforts or registered for the training session. reEarth will send out one email and one phone call per week to each restaurant for up to one month, or until 25 restaurants have registered for the program. Cost: $5,000 Task 3 - Implementation of training sessions and pledge reEarth will provide one 1-hour one-on-one training session to all restaurants registered for the program’s training session. reEarth will schedule training sessions for up to 25 restaurants over a 2 weeks period. The training session will focus on educating the restaurants on reducing, eliminating and replacing with eco-alternatives the Pilot Program’s targeted products, and will include the following: ●Pre-Pilot Survey: ●Each restaurant engaged in the training session will be provided with a pre-pilot survey to answer questions about their existing operational practices related to waste, existing knowledge about alternatives for waste reduction, and other questions to determine opportunities for improvement in waste reduction. ●Training Content: ●The environmental impacts of the targeted products. reEarth Consulting - 949.330.0788 - lucian@reearthconsulting.com Page 5 of 11 PSA19-723ENV Amend 1 Exhibit A (continued) DocuSign Envelope ID: FE38923E-08AF-4071-9C0F-770F20FA4C9E PROJECT PROPOSAL Carlsbad 2020 ●The business benefits of eliminating the targeted products in restaurants. This will include regulation compliance, cost savings, employee engagement, recruitment and retention and customer loyalty. ●Overview of the alternative options available for the targeted products. ●Overview of important steps for successfully reducing and eliminating the targeted products in restaurants. This will include: ●Developing new company policies and practices to reduce, eliminate and replace with eco-alternatives the targeted products . ●Employee training on new practices. ●Employee communication with customers of new practices. ●Developing systems to track and monitor the use and costs of the targeted products and their alternatives. ●Conducting ROI analysis of new policies and practices to understand and track the associated cost savings. ●The session will include interactive exercises, such as identifying the targeted products that are used in the restaurant along with the employees and rehearsing communication with employees and customers about the restaurant’s initiative. ●Informational & Educational Resources: ●Each restaurant engaged in the training session will be provided with informational and educational handouts containing the major points of the presentation, as well as links and access to supplemental resources on the Pilot Program website detailed in Task 1. ●Pledge Incentives: ●Each restaurant engaged in the training session will be provided with the opportunity to pledge to reduce and eliminate the Pilot Program’s targeted products and report on their progress. The pledge will include the signing of a document which can then be framed and displayed in the restaurant. The restaurant will then be asked to report on the progress by inputting reduction numbers on a simple online form provided by reEarth in follow up communication. For the Pledge, the restaurants will receive some of the following incentives on the day of the training and some within an established promised time frame: ●Free designed marketing materials and content to inform their customers about their participation in the program and commitment to waste reduction and environmental stewardship. This will include: posters, table card-stock pop-ups, laminated bi-folds, menu insertions, flyers and brochures. reEarth Consulting - 949.330.0788 - lucian@reearthconsulting.com Page 6 of 11 PSA19-723ENV Amend 1 Exhibit A (continued) DocuSign Envelope ID: FE38923E-08AF-4071-9C0F-770F20FA4C9E PROJECT PROPOSAL Carlsbad 2020 ●Free designed training and informational materials, such as posters to be used and displayed in the restaurants for employees. ●Free informational and educational resources, as well as tools and ongoing consulting, for up to 4 hours per restaurant, to help further with waste reduction and elimination. ●Free marketing and advertising to the Carlsbad public about their participation in the program and commitment to waste reduction and environmental stewardship. This may include posts on the Program and the Program’s partners social media pages and websites.* ●Incentives such as vouchers/coupons for waste service bills, free samples of alternatives to the targeted products, and other incentives.* *These incentives may be provided only if and after the restaurant has reported on their progress at least one time. reEarth will support the City with strategies and communication to identify and obtain incentive items for the pilot program, such as free product samples and vouchers/coupons for waste utility bill reductions in collaboration with the City’s waste hauler. If the City decides to use certain incentive items, such as laminated posters and table top plastic inserts, for the program, reEarth will coordinate the purchases at best market price and invoice the City for material reimbursements. Cost: $700 / restaurant ($17,500 for 25 restaurants) Task 4 - Follow up communication with pilot participants and progress reports reEarth will implement up to four follow up communications, through email, phone calls and in person, with the pilot participants for progress updates and additional guidance, for up to 4 hours per restaurant. reEarth will track and document all aspects of the Pilot Program, and prepare progress reports for the City of Carlsbad that will contain the following: ●Progress Reports: ●Marketing and Outreach Highlights - including number and details of restaurants reached by email, phone calls, door to door, social media and other communications. ●Registration and Training Highlights - including number and details of restaurants registered for training, completed training sessions, pledges, incentives claimed and distributed, reported progress from restaurants. reEarth Consulting - 949.330.0788 - lucian@reearthconsulting.com Page 7 of 11 PSA19-723ENV Amend 1 Exhibit A (continued) DocuSign Envelope ID: FE38923E-08AF-4071-9C0F-770F20FA4C9E PROJECT PROPOSAL Carlsbad 2020 ●Program Status Overview - including a summary of lessons learned, as well as planned and proposed adjustments to improve the program success if needed. ●Other Program Highlights and Comments Cost: $1,500 Task 5 - Close out visits and final report reEarth will schedule 1 final visit with all program participants, up to 25, after no more than 3 months after the initial training and pledge, and provide them with a post-pilot participation survey. reEarth will synthesize all the data from the Pilot in a Final report. This task will include: ●Post-Pilot participation Survey: ●Each restaurant that participated in the pilot will be provided with a post-pilot participation survey to answer questions about their feedback on the pilot, the recommended changes regarding reducing the targeted products they implemented and other questions to determine the quality of the pilot program and engagement of the participants ●Final Report: ●Comprehensive summary report on the success of the Pilot Program and its approaches - including all the total highlights from the progress reports. ●One or multiple summarized case studies on the most engaged restaurants. ●Recommendations for possible next steps related to the targeted waste in the City, and other restaurant related generated waste. Cost: $3,500 Task 6 - Other as needed program related tasks and additional value added reEarth and the City recognize that additional work may be required to ensure the success of the Pilot Program, especially related to Task 4. Since the initial proposal, after new insights from connecting with restaurants as part of Task 2 and conversations with the City, the approach in Task 4 has evolved to include additional consulting support to restaurants as needed. Therefore, as agreed upon with the City, reEarth is adding additional budget to justify the need for additional value added to the program. Cost: $5,000 reEarth Consulting - 949.330.0788 - lucian@reearthconsulting.com Page 8 of 11 PSA19-723ENV Amend 1 Exhibit A (continued) DocuSign Envelope ID: FE38923E-08AF-4071-9C0F-770F20FA4C9E PROJECT PROPOSAL Carlsbad 2020 PILOT PROGRAM NEW SCHEDULE AND COSTS Description Cost Tentative Dates Approximate date to begin new contract period February 2020 Task 1 - Development and management of program marketing and training materials Completed Completed Task 2 - Registration and outreach to possible pilot program participants $5,000 January - February 2020 Task 3 - Implementation of training sessions and pledge $17,500 February 2020 Task 4 - Follow up communication with pilot participants and monthly reports $1,500 February - April 2020 Task 5 - Close out visits and final report $3,500 April 2020 Task 6 - Other as needed program related tasks and additional value added $5,000 February - April 2020 Total New Pilot Program Cost and Approximated Completion Date $32,500 April - May, 2020 reEarth Consulting - 949.330.0788 - lucian@reearthconsulting.com Page 9 of 11 PSA19-723ENV Amend 1 Exhibit A (continued) DocuSign Envelope ID: FE38923E-08AF-4071-9C0F-770F20FA4C9E PROJECT PROPOSAL Carlsbad 2020 PILOT PROGRAM APPROACH DIAGRAM reEarth Consulting BACKGROUND IN CARLSBAD reEarth has the expertise, background and team to run the most successful Pilot Program and help the City achieve its goals of reducing and eliminating single use plastic disposable waste generated by restaurants in Carlsbad. Currently, reEarth is running the 2nd consecutive Carlsbad Composting Program that includes public education on food waste reduction and composting, as well as distribution of home composting systems. Since July 2018, reEarth has reached over 25,000 Carlsbad residents online and over 1,000 at the local Farmers’ Market. reEarth also engaged over 200 individuals in composting education at public workshops and special events, distributed close to 150 composting systems and developed relationships with 20 local environmental outreach and education organizations and other businesses. Moreover, reEarth has provided design, development and implementation support for waste reduction at the Taste of Carlsbad Village events in 2018 and 2019, where over 30 restaurants and 800 individuals participated. During the events no plastic disposables were used and 100% of the waste generated was biodegradable and compostable. reEarth Consulting - 949.330.0788 - lucian@reearthconsulting.com Page 10 of 11 PSA19-723ENV Amend 1 Exhibit A (continued) DocuSign Envelope ID: FE38923E-08AF-4071-9C0F-770F20FA4C9E PROJECT PROPOSAL Carlsbad 2020 COMPANY PROFILE reEarth Consulting is a joint partnership between two highly experienced sustainability professionals, supported by an extensive network of educators and consultants, with a stellar track record in waste diversion, recycling programs, education and sustainability management. reEarth Consulting is managing the current 2019-2020 Composting Program and a Waste Reduction Pilot Program for the City also. Josh Prigge is a sustainability practitioner, college professor, published author, and public speaker with nearly a decade of experience managing sustainability programs and initiatives for large organizations including Hawaii Pacific University, Fetzer Vineyards, Jackson Family Wines and Levi Strauss. In 2017, Josh was recognized as a top fifty (50) environmental leader in the business sector receiving the Environmental Leader 50 award. Josh's work has been featured in publications such as Forbes.com, The Guardian, Huffington Post and Triple Pundit. He has presented at numerous sustainability conferences and events around the world, including the United Nations COP21 Paris Climate Conference and the U.S. Zero Waste Business Council Conference. Josh holds a Master of Arts in Global Leadership and Sustainable Development and an MBA. Lucian Toma is a sustainability and permaculture educator, designer and consultant with over seven (8) years of experience with the design, development and implementation of sustainability programs in academic, government, nonprofit and business environments, such as The Permaculture Research Institute of Romania, City of San Clemente and The Energy Coalition. Lucian has designed, developed, and is implementing and managing the Composting Education and Bin Distribution Program for The City of Carlsbad since 2016. In the past 5 years, Lucian led over 250 hands-on workshops and educated over six thousand (6000) individuals in sustainability related subjects, including nine (9) composting workshops in the City of Carlsbad. Lucian is also a college professor and holds a Master of Arts in Global Leadership and Sustainable Development plus multiple Permaculture Design Certifications. reEarth Consulting - 949.330.0788 - lucian@reearthconsulting.com Page 11 of 11 PSA19-723ENV Amend 1Exhibit A (continued) DocuSign Envelope ID: FE38923E-08AF-4071-9C0F-770F20FA4C9E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. 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EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 520 Madison Avenue 32nd FloorNew York, NY 10022 A 06/21/2019 (888) 202-3007 contact@hiscox.com Hiscox Insurance Company Inc 10200 ReEarth Consulting, LLC 410 Calle NinaSan Clemente, CA 92672 The City of Carlsbad\ CMWD c/o EXIGIS Insurance Compliance Services P.O BoX 4668-ECM #35050 New York, NY 10163-4668 X X X UDC-2283094-CGL-19 06/11/2019 06/11/2020Y 2,000,000 100,000 5,000 2,000,000 2,000,000 S/T Gen. Agg The City of Carlsbad\ CMWD c/o EXIGIS Insurance Compliance Services is listed as additional insured. Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II – Who Is An Insured is amended to in-clude as an additional insured the person(s) or organi-zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis-sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. UDC-2283094-CGL-18 ReEarth Consulting, LLC 18 March 19, 2019 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 4668 ECM 35050 New York,NY 10163 2/22/19, 11’53 AMAAA - Print Auto Policy Details Page 1 of 5https://apps.calif.aaa.com/aceapps/insurance/policies/Policy/PrintAutoPolicyDetails/004?policyPrefix=CAA&policyNumber=062153601 Change Coverages Add/Replace Vehicle Remove Vehicles Change Loan/Lease Companies Manage Your Policy send to printer close window Policy No: CAA062153601 Current Term 01/17/2019 - 01/17/2020 DRIVERS Name Date of Birth Driver Status Jeff S Timper 10/09/1963 Regular Driver Details Gender Male Marital Status Single Year First Licensed 1979 Accidents & Traffic Convictions Accidents 0 Total Traffic Convictions 0 Ionut L Toma 12/01/1982 Regular Driver Details Gender Male Marital Status Married 2/22/19, 11’53 AMAAA - Print Auto Policy Details Page 2 of 5https://apps.calif.aaa.com/aceapps/insurance/policies/Policy/PrintAutoPolicyDetails/004?policyPrefix=CAA&policyNumber=062153601 Year First Licensed 2000 Accidents & Traffic Convictions Accidents 0 Total Traffic Convictions 1 VEHICLES Vehicle No.Year Make 1 2009 Tyta Vehicle Details Identification Number 5TFBW54159X087888 Garage Zip Code 92672 Annual Miles 12,501 - 15,000 Special Equipment None Sound Equipment None 2 2000 Lexs Vehicle Details Identification Number JT6HF10U1Y0164287 Garage Zip Code 92672 Annual Miles 4,501 - 5,500 Special Equipment None Sound Equipment None COVERAGE LIMITS Vehicle No.Year Make Premium 1 2009 Tyta $1,271 Coverage Details Coverages Limits of Liability Premium Liability Bodily Injury $1,000,000 Each Person $1,000,000 Each Occurrence $402 Property Damage $1,000,000 Each Occurrence $275 2/22/19, 11’53 AMAAA - Print Auto Policy Details Page 3 of 5https://apps.calif.aaa.com/aceapps/insurance/policies/Policy/PrintAutoPolicyDetails/004?policyPrefix=CAA&policyNumber=062153601 Physical Damage Comprehensive Deductible $2,000 $66 Collision Deductible $2,000 $219 Uninsured Motorist Uninsured & Underinsured Motorist(s) Bodily Injury $1,000,000 Each Person $1,000,000 Each Occurrence $211 Uninsured Deductible Waiver No Total Premium $1,271 2 2000 Lexs $997 Coverage Details Coverages Limits of Liability Premium Liability Bodily Injury $1,000,000 Each Person $1,000,000 Each Occurrence $386 Property Damage $1,000,000 Each Occurrence $257 Uninsured Motorist Uninsured & Underinsured Motorist(s) Bodily Injury $1,000,000 Each Person $1,000,000 Each Occurrence $278 Uninsured Deductible Waiver N/A Total Premium $997 Total Premium $2,268 DISCOUNTS Policy Discounts Other Discounts: Loyalty , Multi Car Driver Discounts Jeff S Timper Good Driver Ionut L Toma Good Driver Vehicle Discounts Vehicle 1: 2009 TYTA TUNDRA DBL CAB SH PICKUP Verified Mileage Vehicle 2: 2000 LEXS RX 300 SUV Verified Mileage ENDORSEMENTS AND CERTIFICATES 2/22/19, 11’53 AMAAA - Print Auto Policy Details Page 4 of 5https://apps.calif.aaa.com/aceapps/insurance/policies/Policy/PrintAutoPolicyDetails/004?policyPrefix=CAA&policyNumber=062153601 The information displayed on this website is for informational purposes only and is not intended to replace your policy (including any endorsements) and declarations that are mailed to you. Insurance is in effect only for the coverages and limits of liability shown on the declarations and as set forth in the insurance policy and endorsements. This information is a helpful summary only and is not a comprehensive definition of all coverages, qualifications, limitations, etc. Please consult the policy and one of our insurance agents for more information. Also, the information displayed on this website may not reflect recent policy changes or payments and/or transactions on your account. Please allow up to three business days for your new information to be reflected in these records. The information displayed on this website is for informational purposes only and is not intended to replace your policy (including any endorsements) and declarations that are mailed to you. Insurance is in effect only for the coverages and limits of liability shown on the declarations and as set forth in the insurance policy and endorsements. This information is a helpful summary only and is not a comprehensive definition of all coverages, qualifications, limitations, etc. Please consult the policy and one of our insurance agents for more information. Also, the information displayed on this website may not reflect recent policy changes or payments and/or transactions on your account. Please allow up to three business days for your new information to be reflected in these records. The required payment must be postmarked, paid over the phone, paid online or paid in-person at one of our AAA office locations during normal business hours prior to the cancellation date/time or the policy will be cancelled for nonpayment of premium and all coverage will cease as of that time. If payment is not made or is made for less than the required amount, the amount due must be paid before the cancellation date/time to ensure that the insurance coverage does not lapse. Whenever a premium payment is returned unpaid by your financial institution, we may, at our option, notify you in writing that the entire outstanding premium balance is immediately due and payable in cash or by cashier's check or money order at one of our AAA office locations. All returned payments, whether by check, electronic transaction, or other form of payment may be presented again electronically for payment. Each returned payment and each late payment is subject to a fee that may also be debited electronically. Fees are subject to change without notice. Payments are accepted from U.S. financial institutions only. Automatic Payments: Automatic debits from your checking account for insurance policies will begin with the first automatic payment billed after the Authorization Agreement is received and processed. (Please allow 15 days for processing.) Until then, your insurance premium payment is still due on the date shown on your most recent billing statement. If you enroll in automatic payments for more than one insurance policy, the processing bank will determine the order of processing debits (i.e., the order of payment) for each policy. Automatic payments are subject to all applicable finance charges, installment and other fees. We gave you notice of the amount of all applicable finance charges and/or fees at the time you applied for the insurance policy(s) above and upon renewals of your policy(s). Installment payment plans and all fees are subject to change without notice. Policyholders who have payments returned unpaid from their financial institution may have automatic payments authorization revoked as to all insurance policies by the Exchange. In the event that this occurs, you will be notified by mail and a return payment fee and late fee may be added to your bill (or to a second attempted debit to your account). If automatic payments are revoked, installments remaining for the current insurance policy period will be billed on your regular payment plan with statements mailed to you. If an error is made the Exchange can correct it by initiating debits or credits. You may revoke enrollment in automatic payments, as to any one or more insurance policies, at any time by signing and dating a written request and mailing it to: AAA/Interinsurance Exchange of the Automobile Club, P.O. Box 25006, Santa Ana, CA 92799-5006. While not required, a revocation form is available for your use upon request by contacting us at (800) 924-6141 or your local office. Insurance is provided to qualified Auto Club members by the Interinsurance Exchange of the Automobile Club ("Exchange"). CA Dept of Insurance Lic. #0003259 Number Title 2011 MEMBER'S AUTOMOBILE POLICY - POLICY NUMBER CHANGE 2367 AMENDATORY ENDORSEMENT 2/22/19, 11’53 AMAAA - Print Auto Policy Details Page 5 of 5https://apps.calif.aaa.com/aceapps/insurance/policies/Policy/PrintAutoPolicyDetails/004?policyPrefix=CAA&policyNumber=062153601 CTR# 1016202-80 Copyright © 2013 Automobile Club of Southern California. All Rights Reserved. The Automobile Club of Southern California is a member club affiliated with the American Automobile Association (AAA) national federation and serves members in the following California counties: Inyo, Imperial, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, Tulare, and Ventura. Find a different AAA club. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS AUTOSAUTOSNON-OWNEDHIRED AUTOS SCHEDULEDALL OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 520 Madison Avenue 32nd FloorNew York, NY 10022 06/21/2019 (888) 202-3007 contact@hiscox.com Hiscox Insurance Company Inc 10200 ReEarth Consulting, LLC 410 Calle NinaSan Clemente, CA 92672 The City of Carlsbad\ CMWD c/o EXIGIS Insurance Compliance Services P.O BoX 4668-ECM #35050 New York, NY 10163-4668 A Professional Liability Y UDC-2283094-EO-19 06/11/2019 06/11/2020 Each Claim: $ 1,000,000 Aggregate: $ 1,000,000 The City of Carlsbad\ CMWD c/o EXIGIS Insurance Compliance Services is listed as additional insured. PSA19-723ENV 1 City Attorney Approved Version 9/27/17 AGREEMENT FOR PILOT PROGRAM TO REDUCE PLASTICS AND SINGLE USE DISPOSABLES REEARTH CONSULTING,LLC THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2019, by and between the City of Carlsbad, a municipal corporation, ("City"), and reEarth Consulting, a limited liability company, ("Contractor"). RECITALS A. City requires the professional services of an environmental outreach and education service provider that is experienced in providing environmental related education and outreach programs. B. Contractor has the necessary experience in providing professional services and advice related to environmental education and outreach services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty five thousand dollards ($35,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty five thousand dolards ($35,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA March 5th PSA19-723ENV 2 City Attorney Approved Version 9/27/17 under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA PSA19-723ENV 3 City Attorney Approved Version 9/27/17 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA PSA19-723ENV 4 City Attorney Approved Version 9/27/17 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will 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. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Avecita Jones Name Ionut Lucian Toma Title Management Analyst Title CEO/ Manager/Member Department Public Works Address 410 Calle Nina City of Carlsbad San Clemente, CA 92672 Address 1635 Faraday Av Phone No. 949-330-0788 Carlsbad, CA 92008 Email lucian@reearthconsulting.com Phone No. 760-602-7542 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. Yes No DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA PSA19-723ENV 5 City Attorney Approved Version 9/27/17 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA PSA19-723ENV 6 City Attorney Approved Version 9/27/17 employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA PSA19-723ENV 7 City Attorney Approved Version 9/27/17 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR, reEarth Consulting, a limited liability company CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Public Works Director as authorized by the City Manager Ionut Lucian Toma / CEO, Co-Founder (print name/title) By: (sign here) Joshua Prigge / CEO, Co-Founder (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA !!Carlsbad Restaurants Plastic and Single-Use Disposables Reduction & Elimination - Pilot Program Prepared For: Avecita Jones City of Carlsbad Date: 2/15/19 Prepared By: Lucian Toma and Josh Prigge reEarth Consulting https://www.reearthconsulting.com/ Carlsbad Restaurant Plastic and Single-Use Disposable Program Proposal ! of !1 10 PSA19-723ENV Exhibit "A" DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA !Introduction The City of Carlsbad is interested in a pilot program that works with restaurants in the city to reduce waste and eliminate plastic and other single-use, non-recyclable and non-biodegradable, disposable products, such as straws, stirrers, cutlery, utensils and styrofoam packaging. The City desires to reduce the impact of these types of products to the environment and comply with current and future state laws. After preliminary research on plastic free ordinances and campaigns ran by other local governments in California and across the country, reEarth Consulting concludes that a pilot program in Carlsbad will provide valuable insight and lay the groundwork for future planning, development and implementation of programs, and possibly ordinances, to eliminate plastic, and other non-recyclable and non-biodegradable, single-use and disposable items in the City. In addition, this pilot program has the capacity to open doors to further opportunities to reduce other waste generated by Carlsbad restaurants, such as food waste and other organic materials. reEarth Consulting is pleased to submit this proposal for the development, implementation and management of all aspects of a Pilot Program to incentivize Carlsbad restaurants in reducing and eliminating single-use, non-recyclable and non-biodegradable, disposable products, such as straws, stirrers, cutlery, utensils, styrofoam packaging and other plastics from their operations. Pilot Program Approach The main objective for this Pilot Program is to educate and incentivize up to 25 Carlsbad restaurants, and other businesses that serve food and beverage to the public, to reduce and eliminate specific targeted products that they use on a daily basis. (The targeted participants in this Pilot Program, including restaurants and other businesses that serve food and beverage to the public, will be referred to as “restaurants” in this document.) The targeted products of the Pilot Program will include: plastic, single-use, non-recyclable and/ or non-biodegradable, disposable products, such as straws, stirrers, cutlery, utensils, styrofoam packaging and other restaurant items. Carlsbad restaurants will be invited to participate voluntarily in the program by registering for a free one-on-one educational training session. The session will include a presentation style training with how-to guides and resources on reducing, eliminating and replacing with eco- alternatives the targeted products. During the session the restaurants will be provided the opportunity to pledge to reduce and eliminate the targeted products and report back on their progress, in return receiving the following incentives: ●Free designed marketing materials and content to inform their customers about their participation in the program and commitment to waste reduction and environmental stewardship. This will include: posters, table card-stock pop-ups, laminated bi-folds, menu insertions, flyers and brochures. ●Free designed training and informational materials, such as posters to be used and displayed in the restaurants for employees. Carlsbad Restaurant Plastic and Single-Use Disposable Program Proposal ! of !2 10 PSA19-723ENV Exhibit "A" DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA !●Free informational and educational resources, as well as tools, to help further with waste reduction and elimination. ●Free marketing and advertising to the Carlsbad public about their participation in the program and commitment to waste reduction and environmental stewardship.* ●Incentives such as vouchers/coupons for waste service bills, free samples of alternatives to the targeted products, and other incentives.* * These incentives may be provided only if and after the restaurant has reported on their progress at least one time. Pilot Program Components reEarth will develop, implement and manage all aspects of the proposed Pilot Program. The following tasks will be performed: Task 1 - Development and management of program marketing and training materials reEarth will design, develop, print and distribute all the program marketing, outreach and training elements and documents in the first 2 to 4 weeks of the program. reEarth will work with The City of Carlsbad staff to ensure all designed content is in line with the City’s marketing and communication guidelines and will include: ●Program Webpages - reEarth will develop and maintain comprehensive and user- friendly custom webpages for the program, within the reEarth existing website, that will include: ○A landing main page that will explain what the program is and what it offers to Carlsbad restaurants. Restaurant owners and managers will be able to register for training sessions through an online form. The benefits and components of the training session and pledge will be highlighted here also. ○Additional web page with resources curated by reEarth that includes information and links for: recommended alternative products targeted by the program that can be purchased online, information on the importance and business benefits of eliminating and reducing the targeted products in restaurants, waste reduction how-to guides, and highlights of other restaurants leading in plastic and sing-use product reduction. Restaurant owners, managers and staff will be able to browse, read, and download these resources, as well as purchase the alternative products from the recommended list of companies that sell them. Additional linked web pages will feature brief overviews of other successful restaurants that participate in the program, as they become available. ●Social Media Pages- reEarth will develop and maintain a social media presence for the program that will include: ○Instagram and Facebook pages that will explain what the program is and what it offers to Carlsbad restaurants. Automated campaigns with pictures, custom infographics and informational posts will promote the program and its participants, targeting and inviting Carlsbad restaurants to visit the website and register for the training session. Additional posts will feature other successful Carlsbad restaurants that participate in the program, as they become available. Carlsbad Restaurant Plastic and Single-Use Disposable Program Proposal ! of !3 10 PSA19-723ENV Exhibit "A" DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA !●Digital Marketing Materials - reEarth will design and develop custom digital marketing collateral materials needed for the pilot program that will include: ○Posters, flyers and brochures to be used in email communication and social media campaigns. These will be distributed to the City of Carlsbad, as well as other local partner organizations, businesses and news/media to advertise the program through their own channels of communication, such as newsletters, media articles and social media posts. ○Infographics to be used on the program website, social media and email communications to help brand the program and communicate important messaging. ●Print Marketing Materials - reEarth will design, develop and print custom marketing collateral materials needed for the pilot program that will include: ○Printed flyers and brochures to advertise the program offerings and incentives. These will be distributed to restaurants and at key locations throughout Carlsbad, such as the Carlsbad Chambers of Commerce and restaurant supply stores, to communicate the program and encourage participation. ○Printed posters, flyers and table ads to be used at the restaurant locations to inform customers and employees about the restaurant’s participation in the program and their commitment to waste reduction and environmental stewardship. These will be provided to the restaurants that participate in the program during the training session. ●Training Materials - reEarth will design, develop, and print custom training materials needed for the pilot program that will include: ○Informational and educational handouts containing the major points of the training presentation to ensure the main points from the training are shared with and available to all employees. ○Signage to be posted in employee areas of the restaurant to brand the program, encourage participation and remind employees of best practices to reduce and eliminate plastic and single-use materials. These will be provided to the restaurants that participate in the program during the training sessions. ○Supplemental resources will also be distributed during the training and will include a how-to guide, information on waste related law compliance for restaurants and a list of companies that provide alternatives to the targeted products. Cost: $7,500 Task 2 - Registration and outreach to possible pilot program participants Once all the primary elements of the marketing, outreach and training materials are developed, reEarth will implement a marketing and outreach strategy that will include (in chronological order): ●Develop comprehensive Carlsbad restaurant tracking list - reEarth will work with The City of Carlsbad staff, the local Chambers of Commerce and other local partner organizations and businesses to obtain these lists. reEarth will develop a comprehensive spreadsheet to compile all of the restaurant information and will use the spreadsheet to track all outreach efforts to restaurants, responses from restaurants and participation Carlsbad Restaurant Plastic and Single-Use Disposable Program Proposal ! of !4 10 PSA19-723ENV Exhibit "A" DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA !levels. Restaurants details that will be recorded and tracked will include restaurant name, owner/manager names, address, phone number, email address, outreach completed, responses from restaurants, participation of restaurant and progress. ●Connect on social media with all Carlsbad restaurants – The reEarth social media pages used for this program will like, follow and subscribe to all social media accounts owned by Carlsbad restaurants. This will provide the opportunity to tag, mention, recognize and communicate with the restaurants during the program. ●6 step direct outreach strategy to register restaurants for program participation and training - reEarth will outreach to the restaurants in the following ways: ○Initial email from reEarth to all the restaurants in Carlsbad, announcing the program and its offerings, and inviting restaurants to register for a free training session on the program website or by phone. The email content will include a digital flyer. ○Initial email from City of Carlsbad to all the restaurants in Carlsbad, announcing the program and its offerings, and inviting restaurants to register for a training session on the program website or by phone. reEarth will provide the City a custom designed digital poster or content for this email to be approved by the City. This email will be sent within a few days after the reEarth initial email. ○Initial email from local Chambers of Commerce, local partner organizations, businesses and news/media announcing the program and its offerings and inviting restaurants to register for a training session on the program website or by phone. reEarth will reach out to these organizations, inform them of the program and request that they reach out to their restaurant contacts in Carlsbad to help communicate the program. reEarth will provide the partners with custom designed digital posters or content to be used. This email will be sent within a few days after the reEarth and City of Carlsbad initial emails. ○Initial phone calls from reEarth to all restaurants in Carlsbad to follow up on the emails and provide information about the program and its offerings. The call will be used to inquire into the restaurant’s interest in participating in the program, invite managers to meet in person to learn more and to register for a training session on the spot. reEarth will start calling restaurants that have not answered to the emails or registered after one week of the initial email. ○Door to door outreach to Carlsbad restaurants that have not responded to phone calls or email outreach about the program. reEarth will visit Carlsbad restaurants in person for 2 weeks throughout the City, connecting directly with owners and managers to invite them to participate in the program and schedule a training session. Flyers and/or brochures about the program will be handed or dropped off at each visited location. ○Follow up emails and calls reminding restaurants that have not responded to emails or calls about the program and inviting them to register for a training session on the program website or by phone. reEarth will email and call all restaurants that have not answered to the initial outreach efforts or registered for the training session. reEarth will send out one email and one phone call per week to each restaurant for up to one month, or until 25 restaurants have registered for the program. Carlsbad Restaurant Plastic and Single-Use Disposable Program Proposal ! of !5 10 PSA19-723ENV Exhibit "A" DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA !●Continuous social media campaigns - reEarth will implement continuous online marketing campaigns to promote the program, targeting restaurants in Carlsbad for the duration of the entire program. ●Local news/media - reEarth will also work with local media and other local organizations, such as the Chamber of Commerce and other business associations, to further promote the program to restaurants. Cost: $5,000 Task 3 - Implementation of training sessions and pledge reEarth will provide one 1-hour one-on-one training session to all restaurants registered for the program’s training session. reEarth will schedule training sessions for up to 25 restaurants over a four month period. The training session will focus on educating the restaurants on reducing, eliminating and replacing with eco-alternatives the Pilot Program’s targeted products, and will include the following: ●Pre-Pilot Survey: ○Each restaurant engaged in the training session will be provided with a pre-pilot survey to answer questions about their existing operational practices related to waste, existing knowledge about alternatives for waste reduction, and other questions to determine opportunities for improvement in waste reduction. ●Training Content: ○The environmental impacts of the targeted products. ○The business benefits of eliminating the targeted products in restaurants. This will include regulation compliance, cost savings, employee engagement, recruitment and retention and customer loyalty. ○Overview of the alternative options available for the targeted products. ○Overview of important steps for successfully reducing and eliminating the targeted products in restaurants. This will include: ■Developing new company policies and practices to reduce, eliminate and replace with eco-alternatives the targeted products . ■Employee training on new practices. ■Employee communication with customers of new practices. ■Developing systems to track and monitor the use and costs of the targeted products and their alternatives. ■Conducting ROI analysis of new policies and practices to understand and track the associated cost savings. ○The session will include interactive exercises, such as identifying the targeted products that are used in the restaurant along with the employees and rehearsing communication with employees and customers about the restaurant’s initiative. ●Informational & Educational Resources: ○Each restaurant engaged in the training session will be provided with informational and educational handouts containing the major points of the presentation, as well as links and access to supplemental resources on the Pilot Program website detailed in Task 1. ●Pledge Incentives: Carlsbad Restaurant Plastic and Single-Use Disposable Program Proposal ! of !6 10 PSA19-723ENV Exhibit "A" DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA !○Each restaurant engaged in the training session will be provided with the opportunity to pledge to reduce and eliminate the Pilot Program’s targeted products and report on their progress. The pledge will include the signing of a document which can then be framed and displayed in the restaurant. The restaurant will then be asked to report on the progress by inputting reduction numbers on a simple online form provided by reEarth in follow up communication. For the Pledge, the restaurants will receive some of the following incentives on the day of the training and some within an established promised time frame: ■Free designed marketing materials and content to inform their customers about their participation in the program and commitment to waste reduction and environmental stewardship. This will include: posters, table card-stock pop-ups, laminated bi-folds, menu insertions, flyers and brochures. ■Free designed training and informational materials, such as posters to be used and displayed in the restaurants for employees. ■Free informational and educational resources, as well as tools, to help further with waste reduction and elimination. ■Free marketing and advertising to the Carlsbad public about their participation in the program and commitment to waste reduction and environmental stewardship. This may include post on the Program and the Program’s partners social media pages and websites.* ■Incentives such as vouchers/coupons for waste service bills, free samples of alternatives to the targeted products, and other incentives.* *These incentives may be provided only if and after the restaurant has reported on their progress at least one time. reEarth will support the City with strategies and communication to identify and obtain incentive items for the pilot program, such as free product samples and vouchers/coupons for waste utility bill reductions in collaboration with the City’s waste hauler. If the City decides to use certain incentive items, such as laminated posters and table top plastic inserts, for the program, reEarth will coordinate the purchases at best market price and invoice the City for material reimbursements. Cost: $700 / restaurant ($17,500 for 25 restaurants) Task 4 - Follow up communication with pilot participants and monthly reports reEarth will implement up to four follow up communications, through email, phone calls and in person, with the pilot participants for progress updates and additional guidance. reEarth will track and document all aspects of the Pilot Program, and prepare monthly progress reports for the City of Carlsbad that will contain the following: ●Progress Reports: ○Marketing and Outreach Highlights - including number and details of restaurants reached by email, phone calls, door to door, social media and other communications. Carlsbad Restaurant Plastic and Single-Use Disposable Program Proposal ! of !7 10 PSA19-723ENV Exhibit "A" DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA !○Registration and Training Highlights - including number and details of restaurants registered for training, completed training sessions, pledges, incentives claimed and distributed, reported progress from restaurants. ○Program Status Overview - including a summary of lessons learned, as well as planned and proposed adjustments to improve the program success if needed. ○Other Program Highlights and Comments Cost: $1,500 Task 5 - Close out visits and final report reEarth will schedule visits with all program participants, up to 25, after approximately 3 months after the initial training and pledge, and provide them with a post-pilot-participation survey. reEarth will synthesize all the data from the Pilot in a Final report. This task will include: ●Post-Pilot participation Survey: ○Each restaurant that participated in the pilot will be provided with a post-pilot participation survey to answer questions about their feedback on the pilot, the recommended changes regarding reducing the targeted products they implemented and other questions to determine the quality of the pilot program and engagement of the participants ●Final Report: ○Comprehensive summary report on the success of the Pilot Program and its approaches - including all the total highlights from the progress reports. ○One or multiple summarized case studies on the most engaged restaurants. ○Recommendations for possible next steps related to the targeted waste in the City, and other restaurant related generated waste. Cost: $3,500 Pilot Program Schedule and Costs: Description Cost Tentative Dates Approximate date to begin contract period February 25, 2019 Task 1 - Development and management of program marketing and training materials $7,500 March 2019 Task 2 - Registration and outreach to possible pilot program participants $5,000 April - May 2019 Task 3 - Implementation of training sessions and pledge $17,500 May - July 2019 Task 4 - Follow up communication with pilot participants and monthly reports $1,500 May - July 2019 Task 5 - Close out visits and final report $3,500 July - August 2019 Total Pilot Program Cost and Approximated Completion Date $35,000 August 31, 2019 Carlsbad Restaurant Plastic and Single-Use Disposable Program Proposal ! of !8 10 PSA19-723ENV Exhibit "A" DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA !Pilot Program Approach Diagram: reEarth Consulting Background in Carlsbad reEarth has the expertise, background and team to run the most successful Pilot Program to help the City achieve its goals of reducing and eliminating single use plastic disposable waste generated by restaurants in Carlsbad. Currently, reEarth is running the Carlsbad Composting Program that includes public education on food waste reduction and composting, as well as distribution of home composting systems. Since July 2018, reEarth has reached over 20,000 Carlsbad residents online and at the local Farmers’ Market, educated 65 individuals at public workshops, distributed over 50 composting systems and developed relationships with over 20 local environmental outreach and education organizations. Moreover, reEarth has provided design, development and implementation support for the Taste of Carlsbad Village 2018, to help participating restaurants reduce and eliminate single-use plastic disposable products. The project was a success. There were no plastic disposables used and 100% of the waste generated was biodegradable and compostable. reEarth connected with the managers and owners of the 32 restaurants and collected 28 pledges with interest to participate in a possible pilot program that would further assist them in reducing and eliminating single-use plastic disposable products. reEarth Consulting Team Josh Prigge, TRUE Advisor, LEED Green Assoc. Josh Prigge is a sustainability practitioner, college professor and public speaker with just under a decade of experience developing and managing zero waste and sustainability programs and initiatives in business, government and higher education. Josh worked as the sustainability Carlsbad Restaurant Plastic and Single-Use Disposable Program Proposal ! of !9 10 PSA19-723ENV Exhibit "A" DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA !coordinator at Hawaii Pacific University, and in the corporate world as director of sustainability at Fetzer Vineyards. In 2017, Josh was recognized as a top fifty environmental leader in the business sector receiving theEnvironmental Leader 50award. Josh's work has been featured in publications such asForbes.com,The GuardianandThe Huffington Post, and he has extensive experience leading innovative zero waste programs including helping Fetzer become thefirst zero waste certifiedwine company in the world and helping Coco Taps become the first zero waste certifiedbusiness in Nevada. Josh also produces and hosts theSustainable Nation Podcastwhere he has interviewed some of the most impactful and inspiring zero waste leaders in the world. Josh holds a Master of Arts in Global Leadership and Sustainable Development, an MBA, and accreditation as a TRUE Zero Waste Advisor and LEED Green Associate. Lucian Toma Lucian Toma is a sustainability and zero waste educator, college professor, designer and consultant with over seven years of experience in developing and implementing sustainability and zero waste programs in academic, government, nonprofit and business environments, including work with the City of San Clemente, The Ecology Center, The Permaculture Research Institute of Romania and The Energy Coalition. Lucian has designed, implemented and managed the “Composting Education and Bin Distribution Program” and the “Food Waste Reduction and Recycling Program” for The City of Carlsbad in 2016 and 2017 as part of The Ecology Center contracted team. In the past three years, Lucian has led over two hundred hands-on workshops, including nine composting workshops in the City of Carlsbad, and educated over five thousand individuals in sustainability, waste reduction and recycling related subjects. Lucian holds a Master of Arts in Global Leadership & Sustainable Development and multiple internationally recognized Permaculture Design certifications. reEarth appreciates the opportunity to provide the City of Carlsbad with this proposal. If there are any questions, please direct them to Lucian Toma or Josh Prigge. Carlsbad Restaurant Plastic and Single-Use Disposable Program Proposal ! of !10 10 PSA19-723ENV Exhibit "A" DocuSign Envelope ID: 7DD5309E-CE89-40B9-AEAC-75D446BE43BA