HomeMy WebLinkAboutCitizen Communications LLC dba Recyclist; 2021-11-08;
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AGREEMENT FOR SMM PROGRAM TRACKER SERVICES CITIZEN COMMUNICATIONS LLC, DBA RECYCLIST
THIS AGREEMENT is made and entered into as of the ____ day of ____________, 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and Citizen Communications, LLC, a limited liability company d.b.a. Recyclist, ("Contractor").
RECITALS A. City requires the professional services of a consultant that is experienced in implementation and maintenance of the Recyclist Sustainable Materials Management Program Tracker. B. Contractor has the necessary experience in providing professional services and advice related to implementation of the Recyclist Sustainable Materials Management Program Tracker. 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; RESTRICTIONS
City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in the statement of work attached as Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. City will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Contractor or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to City for use on City premises or devices, Contractor hereby grants City a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.
City represents, covenants, and warrants that City will use the Services only in compliance with its intended functionality and all applicable laws and regulations. City shall be responsible for
obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). City is
responsible for maintaining the confidentiality of the passwords assigned to City and its users. City will immediately notify Contractor if it becomes aware that a password is lost, stolen, disclosed to an unauthorized third party, or otherwise compromised. Contractor will be responsible for any and all activities made pursuant to the licenses granted to City’s hereunder and any of its users’ or Equipment or the access credentials to the Services. City shall, and shall ensure its users, use commercially reasonable efforts to prevent unauthorized access to, or use
of, the Services, and notify Contractor promptly of any unauthorized access or use. Although Contractor has no obligation to monitor City’s use of the Services, Contractor may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
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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 California, 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 four (4) 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. CONFIDENTIALITY; PROPRIETARY RIGHTS Each party understands that the other party has disclosed or may disclose business, technical or
financial information relating to the other’s business (hereinafter referred to as “Proprietary Information”). Proprietary Information of Contractor includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of City includes
non-public data provided by City to Contractor to enable the provision of the Services. The parties agree: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any
third person any such Proprietary Information. the parties agree that the foregoing shall not apply with respect to any information after five (5) years following its disclosure, unless maintaining the confidentiality of the information is required by law or to any information that (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law. Contractor shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing. Contractor shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including,
without limitation, information concerning City Data and data derived therefrom), and Contractor will be free (during and after the term hereof) to (a) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in
connection with the Services and other Contractor offerings, and (b) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be fifty-three thousand nine hundred dollars ($53,900). Except as otherwise provided in Exhibit “A,” billing will occur upon completion of implementation services and sign off by the city. 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 annual subscription fee may increase no more than five percent (5%) per agreement year starting with the initial term of fifty-three thousand nine hundred dollars ($53,900).
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Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be 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. 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 similar services. 9. INDEMNIFICATION
Subject to the Paragraph 26, Limitation of Liability, Contractor agrees to indemnify and hold harmless the City and its officers, officials, and employees from and against all claims, damages, losses and expenses including attorneys fees as a result of a third-party claim arising out of the performance of the work described herein. 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 if such employee’s injury was caused by Contractor, 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.
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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 (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 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.
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10.5 Submission of Insurance Policies. City reserves the right to require, at any time no more than once annually, complete and certified copies of any or all required insurance policies and
endorsements. 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. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement that is specifically identified as a “Deliverable” in a Statement of Work is the property of City. In the event this Agreement is terminated, all Deliverables 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 Deliverables for Contractor’s records. 13. COPYRIGHTS Contractor agrees that all copyrights that arise from the Deliverables will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 14. 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 Emily Coven
Title Senior Program Manager Title Managing Member
Department Environmental Management Address PO Box 2319
City of Carlsbad Truckee, CA 96160
Address 1635 Faraday Avenue Phone No. 530-414-9901
Carlsbad, CA 92008 Email emily@recyclist.co
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. 15. 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 categories. Yes No 16. 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,
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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. 17. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 18. 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. 19. 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 Contractor does not cure the nonperformance within thirty (30) days of such notice. Upon notification of termination, Contractor has five (5) business days to deliver any Deliverables owned by City and all work in progress to City address contained in this Agreement. Upon termination, contractor will make all City Data available to the City for electronic retrieval for a period of thirty (30) days and thereafter will delete stored City Data. 20. 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 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. 21. 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
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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. 22. 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. 23. 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 without the prior consent of the non-assigning party,
which shall not be unreasonably withheld. 24. 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. 25. 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. 26. LIMITATION OF LIABILITY City acknowledges, understands and agrees that Contractor utilizes third party hardware, software and hosting solutions in connection with the Services (“Third Party Solutions”) in order
to economically provide the Services to City. City recognizes that the quality of the Services is dependent upon such Third Party Solutions and that City does not have nor exercise significant bargaining power with such Third Party Solutions so as to reasonably control the City’s experience
resulting from such Third Party Solutions, and therefore notwithstanding any other provision of this Agreement to the contrary, the City agrees that Contractor shall not be liable or in breach of this Agreement to the extent such liability or breach is the result of the acts or omissions of Third
Party Solutions or their providers. Notwithstanding anything to the contrary, contractor and its suppliers, officers, affiliates, contractors and employees shall not be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other theory: (a) for error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services
or technology or loss of business; (b) for any indirect, exemplary, incidental, special or consequential damages; (c) for any matter beyond contractor’s reasonable control; or (d) for any amounts that exceed the fees paid by city to contractor for the services under this agreement in
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the 12 months prior to the act that gave rise to the liability, whether or not contractor has been advised of the possibility of such damages.
27. THIRD PARTY HOSTING Third-party hosting is provided by Zoho Corporation. Application and all City Data is hosted on servers in data centers in the US. The primary server is in California, and the secondary server is in New York. A third backup is in an undisclosed location which is also in the US. Zoho provides a 99.9% uptime guarantee, excepting downtime caused by scheduled maintenance and updates, which are announced well in advance, and about which Contractor will advise City if applicable. 28. SUPPORT Contractor shall provide ongoing Support Services for the services and functionality outlined in Exhibit “A” in accordance with the following guidelines:
Priority Description Response Goal Resolution Goal
Urgent 1 A support issue shall be considered Urgent when it produces a Total System Failure;
meaning the Solution is not performing a process that has caused a complete work stoppage.
Within 60 minutes of the issue being
reported and a resolution planned within 24 hours.
Although resolution times vary
depending on the exact issue, Contractor will work
to resolve an urgent issue within 24 hours or provide a
resolution plan with urgent issues within 24 hours of being reported. A resolution plan will detail the steps necessary to understand and possibly resolve the issue.
Critical 2 A support issue shall be considered Critical when a critical failure in operations occurs; meaning Contractor’s Solution is not performing a critical process and prevents the continuation of basic operations. Critical problems do not have a workaround. This classification does not apply to intermittent problems.
Within two hours of the issue being reported and a resolution planned within five (5) days.
Non-Critical 3
A support issue shall be considered Non-Critical when a non-critical failure in operations occurs; meaning the Solution is
not performing non-critical processes, but the system is still usable for its intended purpose or there is a workaround.
Within four hours of the issue being reported.
Minor 4 A support issue will be considered Minor when the issue causes minor disruptions in the way tasks are performed but does not
affect workflow or operations. This may include cosmetic issues, general questions, and how to use certain features of the
system.
Within 24 hours of the issue being reported.
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CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California CITIZEN COMMUNICATIONS LLC, a limited liability corporation d.b.a.
RECYCLIST
By: By:
(sign here) Geoff Patnoe, Assistant City Manager,
(print name/title)
ATTEST:
By:
(sign here) Faviola Medina
City Clerk Services Manager
(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: _____________________________ Assistant City Attorney
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Emily Coven Managing Member
for
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EXHIBIT “A”
Carlsbad Statement of Work
Customer: City of Carlsbad Contact: Avecita Jones
Address: 1200 Carlsbad Village Drive Phone: (760) 540-0521
Carlsbad , CA 92008 Email: avecita.jones@carlsbadca.gov Services: Recyclist Program Tracker (the “Service(s)”). Initial Service Term: 12 months, commencing upon completion of implementation. Service Capacity: Management of regulatory compliance and outreach for commercial and multi-family waste generators within the City of Carlsbad service area.
Implementation Services: Contractor will use commercially reasonable efforts to provide City the services described in this Statement of Work ("Implementation Services"), and City shall pay Contractor the Implementation Fee in accordance with the terms herein. Service Fees: Base Annual Subscription Fee billed
upon completion of Implementation Services, subject to the terms of Section 4 herein. Data Import Fees billed upon receipt of each data set, subject to the terms of Section 4 herein.
Implementation Fees (one-time): Payable upon
execution of the Agreement, subject to the terms of Section 4 herein.
SERVICE FEES PRICE QTY SUBTOTAL
Program Tracker - Base Subscription
(standard)
$24,900.00 1 $24,900.00
Estimated Data Imports (per data set)* $1,000.00 4 $4,000.00
Add-On: Estimate Creator Tool $5,000.00 1 $5,000.00
Add-On: Generator Self-Reporting Tool $5,000.00 1 $5,000.00
Add-On: Route Review Fieldwork Tool $5,000.00 1 $5,000.00
Add-On: Waste Evaluation Fieldwork Tool $5,000.00 1 $5,000.00
Total 1-Year term $48,900.00
Total Annual Fees $48,900.00
IMPLEMENTATION FEES PRICE QTY SUBTOTAL
Program Tracker Implementation Fee $5,000.00 1 $5,000.00
Total One-Time Fees $5,000.00
Total Fees of Agreement $53,900.00
* Actual number of imports may differ, if more imports are required an amendment to the contract will be made.
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Statement of Work
Implementation of the Recyclist Program Tracker includes:
Configuring data import process to align with City’s data and programmatic objectives
Importing initial compliance records
Setting up user accounts and permissions Customizing database fields to meet reasonable customer needs
Customizing reports to meet reasonable customer needs Base subscription includes:
Commercial and multi-family generator database for tracking:
o Service levels
o Contact information
o AB 1826 & AB 341 compliance
o SB 1383 compliance (rolling out in phases)
Log of all outreach activities
CRM features to schedule and track outreach to commercial generators, including:
o Site Visits
o Phone Calls
o Emails
o Photos taken
o Task lists and calendars
o Task reminders and summaries Customization of standard forms and reports to meet reasonable customer needs, such as:
o Tracking local programs and pilot projects
o Tracking compliance with state, regional and/or local ordinances
o Complex customization projects necessitating new forms and/or reports may require additional professional services. Any additional consulting, training, development, configuration, development and/or integration services may be out of scope and subject to Company agreeing to provide such services pursuant to a change order to this SOW.
Reports in list and/or graph format, with ability to search, sort and filter, and to export to Excel, PDF, or image file
Cloud-based database that syncs data across all users in real time
Web-based application, with mobile app for iOS and Android (requires internet connection)
Secure web hosting with weekly backups
Support via email, Monday-Friday 9am-5pm PT
Support via phone by appointment
Unlimited users Data Import includes:
Processing and importing a single-tab Excel worksheet or CSV file
For service record data imports:
o Importing new accounts, identifying possibly closed accounts and service-level changes
o Updating generator compliance statuses to align with new data
Custom Data Template Surcharge applicable to any Data Imports not delivered in the standard Recyclist Service Record Template
17490342_v2
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Environmental Management 1635 Faraday Ave Carlsbad, CA 92008
442-339-2799 Storm Water Hotline | Stormwater@carlsbadca.gov
Memorandum
September 21, 2021
To: Roxanne Muhlmeister, Assistant Finance Director/Purchasing Officer
From: Avecita Jones, Senior Program Manager
Re: Request for Exemption to Bidding for Recyclist
The purpose of this letter is to request authorization for an exemption to the bidding
process per Purchasing Code 3.28.110 (N). This code provides a bidding exemption for
professional services when solicitations of bids are not in the best interests of the city.
The Sustainable Materials Management division of the Environmental Management
Department requires the services of the Recyclist Program Tracker, which is a cloud-based
compliance and outreach database platform designed specifically for municipal solid waste
and recycling managers. This tool is needed to help the city transition successfully to our new
waste hauler.
After reviewing our internal capabilities to create such a platform, the SMM division, along
with the IT and Economic Development Departments, determined that using the tool already
created by Recyclist would best serve the city’s interests. At this time, since this field is
relatively new, there are no known competitors that would meet the city’s needs for this
specific software.
This purchase would include a one-time implementation fee ($5,000) and annual software
subscription ($48,900). The initial term of the agreement would be for one year, with the
option to extend the subscription for up to four additional years if needed.
Please see attached for a detailed explanation of Recyclist’s unique capabilities to meet
this need. I'm happy to provide any additional information and/or discuss our request in
more detail if you like. Thank you for your consideration.
Respectfully,
Avecita Jones
Senior Program Manager
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Recyclist Exemption Memo
Sept. 21, 2021
Page 2
Approval for Exemption
Roxanne Muhlmeister,
Assistant Finance Director/Purchasing Officer Date
cc: Shea Sainz, Senior Contract Administrator
James Wood, Environmental Management Director
Megan Powers, Management Analyst
Janean Hawney, Contract Administrator - Public Works
9/21/2021
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