HomeMy WebLinkAbout2021-11-23 - AGENDA REPORTS - RECYCLIST CONTRO
Agenda Item: 8
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: �1 A'1�443
DATE: November 23, 2021
SUBJECT: APPROVAL OF CONTRACT TO RECYCLIST FOR SOLID WASTE
COMPLIANCE SOFTWARE
DEPARTMENT: Neighborhood Services
PRESENTER: Darin Seegmiller
RECOMMENDED ACTION
City Council:
1. Award a three-year contract with Recyclist for solid waste compliance software programs,
inclusive of $5,000 in one-time implementation fees, and $22,149 per year. This will be a
total expenditure of $27,149 in Fiscal Year (FY) 2021-22, $22,149 in FY 2022-23 and FY
2023-24, for a total contract not to exceed $71,447.
2. Authorize the City Manager or designee to execute all contracts and associated documents,
contingent upon approval by the City Council and execute all documents subject to City
Attorney approval.
BACKGROUND
The Short -Lived Climate Pollutants Act (SB1383) was signed into law by Governor Brown in
September 2016, and is designed to reduce methane emissions. The state mandate is to reduce
the amount of organic waste sent to the landfills by 50 percent by 2020 and 75 percent by 2025
in comparison to 2014 levels.
This mandate requires the City of Santa Clarita (City) to track and report to CalRecycle, for the
State of California, all activity regarding businesses that produce organic waste, such as food and
green waste, and what landfill alternatives businesses are implementing. Alternative options for
businesses include recycling the waste or donating the edible food.
One recycling option is to donate the edible food waste to local non-profit organizations to feed
food insecure individuals. The state mandate requires that the City provide outreach to food
donor businesses and recipient charities, and monitor the amounts of food donated. The Recyclist
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software will assist the City in obtaining information from waste haulers, tracking compliance,
and providing necessary program status information to CalRecycle. These requirements must be
implemented by January 1, 2022.
During the procurement process, staff researched and solicited demonstrations from available
waste -specific software programs. As a result, staff discovered that Recyclist is the only
company that can provide all of the necessary tracking, monitoring, and reporting to meet
SB1383 compliance. While waste consultants and other database management systems can
produce basic hauler data reports, Recyclist has no known current competitors providing the full
features and functionality of the "Program Tracker," which includes defined compliance features
for SB1383. Based on this information, a single source procurement request was processed and
approved by the City's Purchasing Division.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
Adequate funds required for the first year of the contract were appropriated as part of the FY
2021-22 annual budget. Funding for future fiscal years will be contingent upon appropriation of
funds from the Environmental Services Construction and Demolition Forfeiture Program by the
City Council during the annual budget process.
ATTACHMENTS
Recyclist Quote
Recyclist Agreement (available in the City Clerk's Reading File)
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8.a
REC CLIS0'F
QUOTE
CUSTOMER: City of Santa Clarita DATE: August 30, 2021
PRODUCT: Program Tracker EXPIRATION DATE: November 30, 2021
Rate Qty Amount
Program Tracker - Base Subscription
$20,610
1
$20,610
Data Imports (per data set)
$1,000
8
$8,000
Data Import Credit
4
($4,000)
Add -Op, Custom Data Template Surcharge (per data set)
$1,000
Add -On: Limited Access Role for Multiple Haulers
$3,000
Add -Or, Estimate Creator Tool
$5,000
Add-O! Generator Self -Reporting Tool
$5,000
Waiver Issuance Tool
$5,000
Add -Or Route Review Fieldwork Tool
$5,000
4,4,4 " Waste Evaluation Fieldwork Tool
$5,000
Total Annual Cost: 1-Year-Term $24,610
10% Discount for 3-Year-Term ($2,461)
Total Annual Cost: 3-Year-Term $22,149
Implementation Fee $5,000 1 1 1 $5,000
Total One -Time Cost $5,000
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8.a
Definitions
• Data Set
A data set is defined as a single -tab Excel worksheet or CSV file. Types of data sets include
hauler service -level data (most common), past outreach activities, edible food generator lists.
• Add -On Tools
Add -on tools are not essential for SIB 1383 recordkeeping and reporting. They are additional
offerings providing increased functionality for fieldwork and/or data gathering. Without
these tools, all information required to maintain your central SIB 1383 Implementation
Record can still be logged in the Program Tracker.
• Add -On: Custom Data Template Surcharge
Surcharge applies to any data set housed in the customer's or hauler's own template
(instead of the standard Recyclist Service Record Template).
• Add -On: Limited Access Role (for Multiple Haulers to Access the Program Tracker)
Limited Access permission role ensures privacy and enables haulers to access only their own
data within the Program Tracker. Users with Limited Access roles have certain functionality
limitations such as no access to trend charts and other visual charts. See Limited Access Role
Definition & Limitations document for further details. Limited Access Role is an optional
add -on, but must be decided before Program Tracker upgrade or installation.
• Add -On: Estimate Creator Tool
Create & send service estimates (service proposals) based on commercial/multi-family rate
sheets, send PDFs to customers directly from the Program Tracker, communicate efficiently
with service departments, and keep track of the status of estimates. Especially useful when
rolling out new services and/or conducting ongoing right -sizing.
• Add -On: Generator Self -Reporting Tool
Public -facing form that businesses and multi -family properties can use to (1) request and
provide evidence for SIB 1383 organics collection waivers, (2) report alternative methods of
compliance with mandatory commercial recycling/organics such as self -hauling or
backhauling and/or (3) report on edible food recovery and provide evidence of written
agreements. Submissions from generators go directly into the Program Tracker.
• Add -On: Waiver Issuance Tool
Create and email SIB 1383 organics collection waivers directly from the Program Tracker.
Waivers are customized with jurisdiction branding and jurisdiction -specific information
regarding the terms of the waiver. Waivers, including expiration dates, can still be tracked in
the Program Tracker without this add -on -- the tool is to facilitate the issuance.
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8.a
• Add -On: Route Review Fieldwork Tool
Conduct lid -flipping audits on commercial/multi-family generators (selected by either
Recyclist or you) as well as residential generators (selected by you). Log results, including
set -outs, contamination levels and photographs, directly in the mobile app version of the
Program Tracker, in accordance with SIB 1383 record keeping requirements.
• Add -On: Waste Evaluation Fieldwork Tool
Log results of waste evaluations, including contamination levels and photographs, directly in
the mobile app version of the Program Tracker, in accordance with SIB 1383 record keeping
requirements.
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RECQ�CLIST
SAAS SERVICES ORDER FORM
Customer: City of Santa Clarita
Contact: Laura Jardine
Address: 23920 W Valencia Blvd Ste 300
Phone: (661) 255-4376
Santa Clarita, CA 91355
Email: ljardine@santa-clarita.com
Services: Recyclist Program Tracker (the "Service(s)").
Initial Service Term: 36 months, commencing upon completion of
implementation.
Service Capacity: Management of regulatory compliance and
Implementation Services: Company will use commercially
outreach for commercial and multi -family waste generators within
reasonable efforts to provide Customer the services described in the
the City of Santa Clarita service area.
Statement of Work ("SOW") attached as Exhibit A hereto
("Implementation Services"), and Customer shall pay Company the
Implementation Fee in accordance with the terms herein.
Service Fees: Base Annual Subscription Fee billed upon completion
Implementation Fees (one-time): Payable upon execution of the
of Implementation Services, subject to the terms of Section 4 herein.
Agreement, 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.
SERVICE FEES
PRICE
QTY
SUBTOTAL
Program Tracker - Base Subscription (standard)
$20,610.00
1
$20,610.00
Estimated Data Imports (per data set)*
$1,000.00
4
$4,000.00
Total 1-Year term
$24,610.00
3-year term 10% discount
-$2 461.00
Total Annual Fees
$22,149.00
IMPLEMENTATION FEES
PRICE
QTY
SUBTOTAL
Program Tracker Implementation Fee
$5,000.00
1
$5,000.00
Total One -Time Fees $5,000.00
* Quarterly imports of one hauler data set included in Base Subscription Fee
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SAAS SERVICES AGREEMENT
This SaaS Services Agreement ("Agreement') is entered into on this xx day of xxx 20xx (the "Effective Date") between Citizen Communications,
LLC dba Recyclist with a place of business at 12313 Soaring Way, Suite 1D, Truckee CA 96161 ("Company"), and the Customer listed above
("Customer"). This Agreement includes and incorporates the above Order Form, as well as the attached Terms and Conditions and contains, among
other things, warranty disclaimers, liability limitations and use limitations. There shall be no force or effect to any different terms of any related
purchase order or similar form unless expressly identifying this Agreement, specifically referencing the provisions of this Agreement to be altered or
superseded and signed by the parties after the date hereof.
Citizen Communications, LLC dba Recyclist City of Santa Clarita
Name: Name:
Title: Title:
Date: Date:
TERMS AND CONDITIONS
1. SAAS SERVICES AND SUPPORT
1.1 Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services.
As part of the registration process, Customer will identify an administrative user name and password for Customer's Company
account. Company reserves the right to refuse registration of, or cancel passwords it deems inappropriate.
1.2 Subject to the terms hereof, Company will provide Customer with reasonable technical support services in accordance with
Company's standard practice.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 Customer 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 Company 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; or remove any proprietary notices or labels. With
respect to any Software that is distributed or provided to Customer for use on Customer premises or devices, Company hereby grants
Customer a non-exclusive, non -transferable, non-sublicensable license to use such Software during the Term only in connection with
the Services.
2.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services, Software
or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States
Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or
foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are "commercial items" and according
to DFAR section 252.227-7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software
documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release,
performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will
be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this
Agreement.
2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with its intended
functionality and all applicable laws and regulations. Customer 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"). Customer is responsible for
maintaining the confidentiality of the passwords assigned to Customer and its users. Customer will immediately notify Company if it
becomes aware that a password is lost, stolen, disclosed to an unauthorized third party, or otherwise compromised. Company will be
responsible for any and all activities made pursuant to the licenses granted to Customer's hereunder and any of its users' or Equipment
or the access credentials to the Services. Customer shall, and shall ensure its users, use commercially reasonable efforts to prevent
unauthorized access to, or use of, the Services, and notify Company promptly of any unauthorized access or use. Customer hereby
agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without
limitation costs and attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or
otherwise from Customer's use of Services. Although Company has no obligation to monitor Customer's use of the Services,
Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
3. CONFIDENTIALITY; PROPRIETARY RIGHTS
3.1 Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose
business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary
Information" of the Disclosing Party). Proprietary Information of Company includes non-public information regarding features,
functionality and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to
Company to enable the provision of the Services ("Customer Data"). The Receiving Party agrees: (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 Disclosing Party agrees that the foregoing shall not apply with
respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can
document (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.
3.2 Customer shall own all right, title and interest in and to the Customer Data. Company 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.
3.3 Notwithstanding anything to the contrary, Company 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 Customer Data and data derived therefrom), and Company 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 Company 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.
4. PAYMENT OF FEES
4.1 Customer will pay Company the then applicable fees described in the Order Form for the Services and Implementation
Services in accordance with the terms therein (the "Fees"). If Customer's use of the Services exceeds the Service Capacity set forth
on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for
such usage and Customer agrees to pay the additional fees in the manner provided herein. Company reserves the right to change the
Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then -current renewal term,
upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Company has billed Customer
incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the
error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company's customer support
department.
4.2 Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be
received by Company thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5%
per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may
result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than U.S. taxes
based on Company's net income.
4.3 Following the Initial Service Term, the annual subscription fee shall automatically increase (and annually thereafter) by an
amount equal to the greater of five percent (5%) or one hundred percent (100%) of the percentage increase in the Consumer Price
Index, Urban Consumers, All Cities Average 1982-84 Equals 100, (CPI-U) during the prior calendar year as published by the U.S.
Department of Labor or any successor index, compounded annually from the Effective Date.
5. TERM AND TERMINATION
5.1 Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order
Form, and renewal can only be initiated through written agreement, signed by both parties, with a specific effective date and term.
5.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days' notice
(or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement.
Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination,
Company will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days, but thereafter
Company may, but is not obligated to, delete stored Customer Data. All sections of this Agreement which by their nature should
survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations,
warranty disclaimers, and limitations of liability.
6. WARRANTY AND DISCLAIMER
Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which
minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike
manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by
Company or by third -party providers, or because of other causes beyond Company's reasonable control, but Company shall use
reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, Company does not
warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from
use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION
SERVICES ARE PROVIDED "AS IS" AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND NON -INFRINGEMENT.
INDEMNITY
Company shall indemnify Customer from liability to third parties resulting from infringement by the Service of any United States
patent or any copyright or misappropriation of any trade secret, provided Company is promptly notified of any and all threats, claims
and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and
settlement; Company will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply
with respect to portions or components of the Service (a) not supplied by Company, (b) made in whole or in part in accordance with
Customer specifications, (c) that are modified after delivery by Company, (d) combined with other products, processes or materials
where the alleged infringement relates to such combination, (e) where Customer continues allegedly infringing activity after being
notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (f) where Customer's
use of the Service is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court
of competent jurisdiction to be or are believed by Company to be infringing, Company may, at its option and expense (i) replace or
modify the Service to be non -infringing provided that such modification or replacement contains substantially similar features and
functionality, (ii) obtain for Customer a license to continue using the Service, or (iii) if neither of the foregoing is commercially
practicable, terminate this Agreement and Customer's rights hereunder and provide Customer a refund of any prepaid, unused fees for
the Service.
8. LIMITATION OF LIABILITY
8.1 Customer acknowledges, understands and agrees that Company utilizes third party hardware, software and hosting solutions
in connection with the Services ("Third Party Solutions") in order to economically provide the Services to Customer. Customer
recognizes that the quality of the Services is dependent upon such Third Party Solutions and that Company does not have nor exercise
significant bargaining power with such Third Party Solutions so as to reasonably control the Customer's experience resulting from
such Third Party Solutions, and therefore notwithstanding any other provision of this Agreement to the contrary, agrees that Company
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.
8.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON,
COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY
SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE
RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND
CONDITIONS RELATED THERETO 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
COMPANY'S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS
ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE
SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY,
IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
WHETHER OR NOT SUBJECT TO THE INDEMNIFICATION OBLIGATIONS OF COMPANY HEREUNDER.
9. MISCELLANEOUS
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum
extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not
assignable, transferable or sublicensable by Customer except with Company's prior written consent. Company may transfer and
assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive
statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements,
communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications
must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or
employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any
respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover
costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when
received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent,
if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return
receipt requested. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws
provisions.
EXHIBIT A
Statement of Work
Implementation of the Recyclist Program Tracker includes:
• Configuring data import process to align with Customer'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
13090458_v7