The disabled veteran (DV) owner(s) and DV manager(s) of the Disabled Veteran Business Enterprise (DVBE) must complete this declaration when a DVBE contractor or subcontractor will provide materials, supplies, services, or equipment [Military and Veterans Code Section 999.2]. Violations are misdemeanors and punishable by imprisonment or fine and violators are liable for civil penalties. All signatures are made under penalty of perjury.

Upon contract completion, the Contractor is required to use the DGS Standard Form 817 (STD 817) located at: https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf to fulfill the reporting and certification of requirement. The Contractor shall list all Disabled Veteran Business Enterprise (DVBE) Subcontractor firms involved with this contract and submit this form electronically to advocate@calrecycle.ca.gov with "Attn: SB/DVBE Advocate" and the RFP(S) number in the subject line. This form is not required at the time of submission for this proposal.

Each listed certified SB/MB or DVBE must perform a "commercially useful function" in the performance of the contract as defined in Government Code Section 14837(d)(4). Proposers who are found to not be performing a CUF will have their proposals deemed nonresponsive. An SB/MB or DVBE is deemed to perform a CUF when the contractor does all the following:

1. Is responsible for the execution of a distinct element of the work of the Agreement.
2. Carries out its obligation by actually performing, managing, or supervising the work involved.
3. Performs work that is normal for its business services and functions.
4. Is responsible, with respect to products, inventories, materials, and supplies required for the agreement, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.
5. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

Each listed certified SB/MB or DVBE is required to use the COMMERCIALLY USEFUL FUNCTION (CUF) CERTIFICATION. Agreements resulting from this solicitation shall afterward be monitored for compliance with CUF for the duration of the agreement.

Contractor/Company Name:___________________________________________________________________________

To advance to the cost opening, the Proposer MUST achieve an overall total score of 40 of the possible 57 points.

Bidder must complete and submit the Bidder Declaration form available at: https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-106.pdf

Bidders shall list the name and location of all subcontractors who will be employed, the kind of work which each will perform, and the percentage of the total bid that will be paid to each in the completion of the work. 

For Bidders who are Certified SB and/or DVBE, Bidder shall indicate their certification by completing item 1(a). 

For Bidders using subcontractors to meet the SB and DVBE requirements the Bidder shall complete item 2(b) and include the listed subcontractor’s Office of Small Business and DVBE Services (OSDS) certification number and certify that the subcontractor will perform a commercially useful function.  

Failure to submit this form with the proposal will result in the proposal being considered non-responsive. 

Bidders must complete and submit CCC’s included by reference and available for download at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language.  

An Agreement entered into by the State of California will include by reference the Contractor Certification Clauses (CCC).  

Failure to submit this form with the proposal will result in the proposal being considered non-responsive. 

Bidder must complete, as instructed, and submit the Darfur Contracting Act included by reference and available at: http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf

PCC section 10475 through 10481 apply to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either: a) not a scrutinized company or b) a scrutinized company that has been granted permission by the DGS to submit a proposal.

A scrutinized company is a company doing business in Sudan, as defined in PCC section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services (PCC section 10477(a)) unless written permission from the Director of DGS to bid on this procurement has been granted (PCC section 10477(b)).

Failure to submit this form with the proposal will result in the proposal being considered non-responsive.

PCC section 10475 through 10481 apply to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either: a) not a scrutinized company or b) a scrutinized company that has been granted permission by the DGS to submit a proposal.

A scrutinized company is a company doing business in Sudan, as defined in PCC section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services (PCC section 10477(a)) unless written permission from the Director of DGS to bid on this procurement has been granted (PCC section 10477(b)).

Failure to submit this form with the proposal will result in the proposal being considered non-responsive.

Bidders must complete and submit the California Civil Rights Laws Attachment included by reference and available at: https://www.dgs.ca.gov/-/media/divisions/pd/acquisitions/solicitation document attachments/California civil rights law.pdf  

Pursuant to PCC section 2010, any Bidder entering into or renewing a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, must certify that they are in compliance with: 

• the Unruh Civil Rights Act (Section 51 of the Civil Code). 
• the California Fair Employment and Housing Act (Chapter 7 (commencing with section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code). 

Failure to submit this completed form with the Proposal will result in the Proposal being considered non-responsive. 

If the budget for services outlined in this announcement, exceeds $100,000, CalRecycle provides the optional TACPA preference for TACPA qualified Proposers. Proposers are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the Proposal. The Proposer shall provide reasonable demonstration of contract labor hours and certify that they will comply with the requirements of the TACPA. The TACPA workplace and workforce preferences will be evaluated for this solicitation. California-based companies seeking TACPA preferences will need to complete and submit preference request forms with the bid/offer. The following webpage contains required preference request forms and an interactive map to determine if a business is located within a TACPA qualified zone: Request a Target Area Contract Preference. If the Proposer is qualified for this preference, the TACPA Preference Request Form (STD 830) and the (DGS PD 562) Bidders Summary of Contracting Activities and Labor Hours must be included in the Proposal submittal.

TBD ______ (Contractor) agrees to provide the Department of Resources Recycling and Recovery (CalRecycle), with consulting services as described herein.

CalRecycle Contract Manager: 
Name: Alice Nguyen
Phone: (916) 322-2536
Email: alice.nguyen@calrecycle.ca.gov

Contractor: 
Name: TBD
Phone: TBD 
Email: TBD 

Direct all Agreement Inquiries to: 

CalRecycle Contract Analyst:
Contracts Unit
Attention: Nadine Mills 
Address: 1001 I St., MS 19-A 
                Sacramento, CA, 95814
Phone: (916) 341-6399 
Email: nadine.mills@calrecycle.ca.gov 

Contractor:
Attention: TBD
Address: TBD
Phone: TBD
Email:  TBD

1. The purpose of the Contract is to gather data to aid in the implementation of the Plastic Pollution Prevention and Packaging Producer Responsibility Act [Senate Bill (SB) 54 (Allen, Chapter 75, Statutes of 2022)], which established a new extended producer responsibility (EPR) program to manage covered materials (i.e., single-use packaging and single-use plastic food service ware) in California. The data collected as part of this Contract shall be used by CalRecycle to contribute to the statewide needs assessment (PRC § 42067).
2. The Contractor shall:
   1. Administer two separate surveys developed by CalRecycle to a representative sample of the California adult population (i.e., 18 years and older) to assess California residents’: (Appendix C, Survey 1) perceived access to waste collection services, waste sorting behaviors, and knowledge of and participation in recycling (including green waste/organics recycling, or composting) and (Appendix D, Survey 2) participation in and knowledge of source reduction activities.
   2. Prepare and provide the collected survey response data and preliminary data analysis to CalRecycle in a format that aligns with the data management methods specified in Task 3.
   3. Prepare and provide a final report detailing the findings of the surveys, including a detailed analysis of trends seen in the survey responses as specified in Task 4.
3. CalRecycle Responsibilities:
   1. CalRecycle will:
      1. Design and provide to the Contractor draft survey questions to assess California residents’ knowledge of and access to recycling and composting services and source reduction activities (see Appendix C and D).
      2. If applicable, CalRecycle will provide the Contractor with initial recommendations and input from the Advisory Board formed pursuant to SB 54.
      3. Provide visual aids, such as photos, to the Contractor, as agreed upon by both parties, to be incorporated into the finalized survey.
      4. Verify the final survey design, taking into consideration the Contractor’s proposed refinements to the survey.
      5. Verify that the data from the final survey results are formatted as specified in Task 3.
      6. Host the initial and monthly meetings remotely.

1. The Contractor shall fulfill all General Requirements and complete all tasks identified within the required timeframes and to the specifications of the Study Design to successfully satisfy the terms of the Contract.
2. The Contractor shall maintain open and consistent communication with the CalRecycle Contract Manager and other CalRecycle staff throughout the contract period. The CalRecycle Contract Manager will establish a regular meeting schedule, as specified in Tasks 1 and 2, with the Contractor. 
3. This Contract is a Pay-Per-Deliverable Contract. The Contractor shall adhere to the schedule set forth in Section 5 (Tasks) and will be paid in accordance with the “Pay-Per-Deliverable” structure detailed in the Pay-Per-Deliverable Structure (Appendix A, Table 1).
4. Individual deliverables that do not meet the contractual requirements specified in the Contract shall not be paid at full cost.
5. The Contractor shall ensure timely submission of reports and deliverables consistent with the schedule set forth in Section 5 (Tasks). 
6. If deliverables are not submitted as expected, then the CalRecycle Contract Manager will deem the deliverable incomplete. For such incomplete deliverables, the remedial options are detailed in the Pay-Per-Deliverable Structure (Appendix A, Table 1).
7. The Contractor shall not share raw data or other information with any entities without pre-approval from CalRecycle Contract Manager. 
8. The Contractor shall comply with all local, state, and federal health and safety codes, regulations, and laws.
9. If the Contractor identifies a circumstance that shall negatively impact the execution of the Study Design, then the Contractor shall notify the CalRecycle Contract Manager by email within two (2) calendar days. The Contractor shall also provide potential specific refinements to overcome the obstacle and identify impacts on the Study Design. 
   1. Within seven (7) calendar days of the Contractor notification, the CalRecycle Contract Manager will approve the best path forward. 
   2. Within seven (7) calendar days of the CalRecycle Contract Manager approval, the Contractor shall provide refinements to the Study Design that reflect the approved path forward. 
   3. Within seven (7) calendar days of receipt, the CalRecycle Contract Manager will approve the refinements or provide revisions. Steps 2. through 3. shall continue until the Contract Manager provides final approval in writing.
10. Except as authorized in writing by CalRecycle, the Contractor shall not conduct any activities under the Contract at the direction of any other entity, nor request meetings, information, or data from the Producer Responsibility Organization (PRO) or other State and Local Agencies or Jurisdictions without CalRecycle's written permission.  

Task 1 – Initial Meeting with CalRecycle and Approval of Refined Study Design

1. Within three (3) calendar days of the Contract’s execution, the Contractor shall coordinate with the CalRecycle Contract Manager to schedule the initial kickoff meeting and submit to the CalRecycle Contract Manager a meeting agenda for the initial meeting that includes a list of the Contractor’s meeting attendees and topics to be discussed.
   1. Within three (3) calendar days of receipt of the agenda, the Contract Manager will review the agenda, respond to the Contractor with any changes, and provide a list of CalRecycle attendees.
2. Within seven (7) calendar days of the Contract’s execution, the Contractor shall meet with CalRecycle’s Contract Manager and support staff for an initial meeting to review the Study Design and discuss logistical details. The objective of the initial meeting is to ensure that the Contractor and CalRecycle have all the necessary information for the study to be carried out as described in the Study Design. 

   1. The Contractor shall meet with the Contract Manager and support staff via teleconference. The meetings will be hosted by CalRecycle.

   2. The Initial Meeting shall include discussion of:
      1. Any refinements to the Study Design, including initial written feedback provided by the Contract Manager.
      2. Feedback from the Contractor on draft survey questions provided by CalRecycle in Appendix C and D.
         1. The CalRecycle Contract Manager will provide the two current sets of survey questions and accompanying visual aids to be incorporated into the surveys at or before the initial meeting.
   3. If subsequent “initial” meetings are necessary to complete Task 1, the Contractor shall work with the CalRecycle Contract Manager to determine mutually agreeable dates and times. No additional compensation shall be provided for subsequent “initial” meetings.
   4. The Contractor shall work with the CalRecycle Contract Manager and establish a schedule for monthly meetings at mutually agreeable dates and times, as specified in Task 2.
3. Within seven (7) calendar days after the initial meeting, the Contractor shall provide written meeting notes to the CalRecycle Contract Manager via email.

   1. The meeting notes shall include, at a minimum:

      1. Summary of topics discussed at the initial meeting.
      2. The refined Study Design, if any refinements were determined necessary.
      3. Written suggestions for refinements to the draft survey questions.
   2. Within seven (7) calendar days of receiving the meeting notes, the CalRecycle Contract Manager will approve the notes or provide required revisions in writing.
   3. Within seven (7) calendar days of receiving revisions from the CalRecycle Contract Manager, the Contractor shall make the required changes and submit the updated meeting notes to the CalRecycle Contract Manager.
   4. Within seven (7) calendar days of receiving the updated meeting notes from the Contractor, the CalRecycle Contract Manager will approve or reject the meeting notes.
4. Based on discussion at the initial meeting and notwithstanding the timeline for the submittal of the initial meeting notes (see Task 1.C.), the CalRecycle Contract Manager will provide the final sets of survey questions to the Contractor within seven (7) calendar days of the initial meeting.
   1. Within seven (7) calendar days of receiving the final survey questions from the CalRecycle Contract Manager, the Contractor shall incorporate the questions into the survey platform proposed in the Study Design and submit them to the CalRecycle Contract Manager for approval .
   2. Within seven (7) calendar days of receiving the finalized surveys, the CalRecycle Contract Manager will approve the surveys or provide required revisions in writing.
   3. Within seven (7) calendar days of receiving revisions from the CalRecycle Contract Manager, the Contractor shall make the required changes and submit the updated surveys to the CalRecycle Contract Manager for approval.
5. No work shall commence on subsequent tasks prior to the CalRecycle Contract Manager’s written approval of the meeting notes, refinements to the Study Design, and the finalized surveys. 

Task 2 – Monthly and Additional Meetings with CalRecycle

1. In addition to any meetings described in Task 1, the Contractor shall participate in four (4) monthly teleconference check-in meetings with the CalRecycle Contract Manager, the first of which shall begin no later than twenty-one (21) calendar days after the submittal of the initial meeting notes (see Task 1.C.). If ad hoc meetings occur, the Contractor will not be compensated for them. The CalRecycle Contract Manager will schedule these ad hoc meetings if the Contractor and Contract Manager jointly determine that any are necessary. CalRecycle will host the meetings. The meetings will be used to provide updates and discuss logistics, data, and any other relevant topics. The Contractor shall:
   1. At least seven (7) calendar days before each monthly meeting, the Contractor shall submit to the CalRecycle Contract Manager a meeting agenda that includes topics to be discussed. The CalRecycle Contract Manager will review the agenda and provide the Contractor with any changes at least two (2) calendar days before the meeting. The agenda shall include the following standing items, but may include additional items as necessary:
      1. Name of Contractor staff that shall be attending the meeting.
      2. What, if any, refinements need to be made to the Study Design for upcoming work.
      3. A summary of work performed since the previous monthly meeting, obstacles encountered, and adjustments made to account for obstacles.
      4. Planned upcoming work for at least the next two (2) months.
      5. Estimated timelines for completion and progress on the work required pursuant to Tasks 3 and 4 below.
2. Within seven (7) calendar days after the occurrence of each monthly meeting, or other meetings arranged between the Contractor and CalRecycle, the Contractor shall provide written meeting notes to the CalRecycle Contract Manager. Meeting notes shall include a summary of the discussion for each agenda item.
   1. Within seven (7) calendar days of receiving the meeting notes, the CalRecycle Contract Manager will approve the notes or provide required revisions in writing.
   2. Within seven (7) calendar days of receiving revisions from the CalRecycle Contract Manager, the Contractor shall make the required changes and submit the updated meeting notes to the CalRecycle Contract Manager.
   3. Within seven (7) calendar days of receiving the updated meeting notes from the Contractor, the CalRecycle Contract Manager will approve or reject the meeting notes.
3. Monthly meetings shall only be canceled or rescheduled upon mutual agreement between CalRecycle and the Contractor. The Contractor shall submit requests to cancel or reschedule monthly meetings to the CalRecycle Contract Manager via email at least ten (10) calendar days before the next scheduled monthly meeting.
4. The monthly meetings shall be held in accordance with the submittal of the following deliverables:
   1. The first monthly meeting shall be held no later than twenty-one (21) calendar days after the submittal of the initial meeting notes (see Task 1.C.).
   2. The second monthly meeting shall be held no later than fourteen (14) calendar days after the Notification of Survey Release to respondents (see Task 3.D. and 3.I.).
      1. The Contractor shall prepare a Survey Response Progress Discussion with the CalRecycle Contract Manager to be held during the second monthly meeting no later than fourteen (14) calendar days after the Notification of Survey Release to respondents (see Task 3.D.). In addition to detailing the Contractor’s progress in collecting survey responses, the discussion shall:
         1. Identify the number of respondents that have completed the surveys, that have received and responded to reminders to complete the surveys, and that have received and not responded to reminders to complete the surveys.
         2. Identify any challenges in administering the surveys, increasing respondent participation, addressing respondents’ technical concerns, and/or completing any additional aspects of survey response collection.
   3. The third monthly meeting shall be held no later than fourteen (14) calendar days after the submittal of the Survey Response Data and Preliminary Analysis (see Task 3.Q.).
   4. The final monthly meeting shall be held no later than fourteen (14) calendar days after the Final Report submittal date (see Task 4.A. and 4.B.). 

Task 3 – Survey Distribution and Administration, Data Organization, and Quality Assurance/Quality Control

Survey Distribution

1. Using the Sampling Plan described in the Study Design, the Contractor shall gather survey responses from a group of respondents that is representative of the California population.
   1. The Contractor shall gather responses from the number of respondents established in the Study Design, ensuring that responses are gathered from no fewer than two thousand (2,000) respondents in total and allocating at least one thousand (1,000) respondents to each set of surveys (Appendix C, Survey 1 and Appendix D, Survey 2) that will be administered.
2. To gather the survey responses, the Contractor shall use an electronic method of survey distribution and administration that meets the following criteria:
   1. Enables fast and easy survey distribution to respondents throughout the State of California.
   2. Enables easy access to and use of the survey by respondents.
   3. Can be accessed electronically via mobile phones and computers, at minimum, along with any additional mediums determined by the Contractor.
3. The Contractor shall distribute the survey to their chosen survey respondents, as identified in the Study Design, within seven (7) calendar days of the CalRecycle Contract Manager’s approval of Task 1.
4. The Contractor shall provide a Notification of Survey Release via email to the CalRecycle Contract Manager within one (1) calendar day of the survey’s release to respondents.
   1. The Contractor shall include in their notice to the CalRecycle Contract Manager the number of respondents to whom the survey was sent. 

Survey Administration

5. The Contractor shall implement the strategies described in the Study Design to maximize the response rate for the surveys.
6. The Contractor shall provide technical assistance to respondents to address any issues with accessing, completing, and submitting the surveys.
7. Throughout the survey administration period, the Contractor shall monitor the demographic information of the respondents that have completed the surveys to ensure that the sampling quotas established in the Study Design will be met and that the final survey results are representative of the California population.
8. The Contractor shall track the number of responses received from respondents throughout the survey response collection period, ensuring that the total meets the required number of responses identified in Task 3.A.1. above.
9. The Contractor shall participate in a second monthly meeting (see Task 2.D.2) with the CalRecycle Contract Manager to discuss progress in gathering survey responses.
10. If, based on the number of responses collected by the second monthly meeting, the Contractor believes that they will not meet the minimum response count and/or sampling quotas by the Survey Response Data and Preliminary Analysis submittal date (see Task 3.Q.), the Contractor shall enact the measures outlined in their contingency plan, including employing additional strategies to boost the survey’s response rate and recruiting additional respondents to take the survey.

Data Organization and Quality Assurance/Quality Control 

11. The Contractor shall use software or a program, as proposed by the Contractor and approved by the CalRecycle Contract Manager, for data collection and recording.
12. The Contractor shall record demographic data for each survey respondent and corresponding survey responses.
13. The Contractor shall ensure that answers and demographic information can be traced back to respondents through a unique respondent ID while maintaining confidentiality of respondents’ names and contact information.
14. The Contractor shall always maintain electronic backup copies of the data stored in an external hard drive or an online cloud that is updated daily.
15. The Contractor shall implement Quality Assurance/Quality Control (QA/QC) measures when providing survey data for each respondent.
16. The Contractor shall perform all data entry and follow all quality control measures outlined in their Study Design to ensure the accuracy of the data entered. The Contractor shall resolve any errors or discrepancies in data discovered during quality control activities and/or review by the CalRecycle Contract Manager.
17. The Contractor shall submit the Survey Response Data and Preliminary Analysis to the Contract Manager within forty-two (42) calendar days of the Notification of Survey Release (see Task 3.D.).
    1. The Contractor shall provide all survey response data electronically to the CalRecycle Contract Manager in the approved CSV format.
       1. Responses from any surveys administered in a language other than English shall be included in the same file as responses from the English language surveys. When presenting the data, the Contractor shall ensure that any non-English responses are translated into English and can be readily associated with the original, English-based survey questions.
    2. The submitted Survey Response Data must include data from at least two thousand (2,000) completed surveys, with one (1) completed survey per respondent.
       1. Appendix C, Survey 1 and Appendix D, Survey 2, must have at least one thousand (1,000) responses each, as outlined in Task 3.A.1. above.
    3. The Contractor shall include in the Preliminary Analysis:
       1. The number of surveys completed out of the original number of surveys administered.
       2. The average, or mean, amount of time taken for each respondent to complete the entire survey.
       3. An analysis of the survey results, implementing the methodology of analysis detailed in the Study Design.
       4. Any limitations of the survey response data collection and/or analysis.
    4. Within seven (7) calendar days of receipt, the CalRecycle Contract Manager will approve or recommend further adjustments to the Survey Response Data and Preliminary Analysis submission.
       1. Within seven (7) calendar days of receiving revisions from the CalRecycle Contract Manager, the Contractor shall make the required changes and submit the updated Survey Response Data and Preliminary Analysis to the CalRecycle Contract Manager.
       2. Within seven (7) calendar days of receiving the updated Survey Response Data and Preliminary Analysis from the Contractor, the CalRecycle Contract Manager will approve or reject the submission.
    5. If time allows, the Contractor may give a presentation via teleconference at a minimum of one (1) scheduled meeting of the SB 54 Advisory Board to update the Advisory Board on the Survey Response Data and Preliminary Analysis.
    6. Until the end of the contract, the Contractor shall remain available to provide written responses to QA/QC questions regarding the collected data within seven (7) calendar days of receiving CalRecycle’s questions. 

Task 4 – Final Report to CalRecycle

1. The Contractor shall synthesize into a Final Report the Survey Response Data and Preliminary Analysis and associated refinements provided by the CalRecycle Contract Manager, if any (see Task 3.Q.).
   1. The Final Report shall be delivered to the CalRecycle Contract Manager within fourteen (14) calendar days of the completion of Task 3.
      1. Within seven (7) calendar days of receipt, the CalRecycle Contract Manager will approve or recommend further adjustments to the Final Report submission.
      2. Within seven (7) calendar days of receiving revisions from the CalRecycle Contract Manager, the Contractor shall make the required changes and submit the updated Final Report to the CalRecycle Contract Manager.
      3. Within seven (7) calendar days of receiving the updated Final Report from the Contractor, the CalRecycle Contract Manager will approve or reject the submission.
2. The Contractor shall participate in a final monthly meeting (see Task 2.D.4.) with the CalRecycle Contract Manager to discuss the survey results and address any questions from CalRecycle about the data and/or analysis.

1. Appendix A, Table 1: Pay-Per-Deliverable Structure.
2. Appendix B, Concepts Requiring Clarification for Data Collection.
3. Appendix C, Survey 1 Recycling and Composting
4. Appendix D, Survey 2 Source Reduction

    Appendix A, Table 1: The Pay-Per-Deliverable Structure

Appendix B, Concepts Requiring Clarification for Data Collection.

1. MULTI-FAMILY DWELLINGS: Defined as four or more living units in one building.
2. PRIORITY POPULATIONS: Refers to disadvantaged communities, low-income communities, communities in rural areas, and California Native American tribes. These communities are defined as follows:
   1. DISADVANTAGED COMMUNITIES: An area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area identified as a disadvantaged unincorporated community pursuant to Section 65302.10 of the Government Code (PRC § 42041(i)). In 2022, CalEPA released an updated designation of disadvantaged communities and currently defines disadvantaged communities as:
      1. The top 25% of census tracts experiencing disproportionate amounts of pollution, environmental degradation, and socioeconomic and public health conditions according to the Office of Environmental Health Hazard Assessment’s CalEnviroScreen 4.0 tool.
      2. Census tracts lacking overall scores in CalEnviroScreen 4.0 due to data gaps but receiving the highest 5% of CalEnviroScreen 4.0 Pollution Burden composite scores;
      3. Census tracts identified in 2017 as disadvantaged, regardless of their scores in CalEnviroScreen 4.0; and
      4. Lands under the control of federally recognized Tribes.
   2. LOW-INCOME COMMUNITY: An area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code (PRC § 42041(n)).
   3. RURAL AREA: Has the same meaning as defined in Section 50101 of the Health and Safety Code (42041(ah)).
   4. CALIFORNIA NATIVE AMERICAN TRIBES: A Native American Tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004.

Appendix C, Survey 1 Recycling and Composting

Demographic Questions

1. Please enter the 5-digit ZIP code of your primary residence: _ _ _ _ _
2. Which of the following best describes your age?
   1. Under 18 [exclude respondent]
   2. 18-24
   3. 25-34
   4. 35-44
   5. 45-54
   6. 55-64
   7. 65-70
   8. 71+
   9. Prefer not to answer
3. Are you currently employed in any of the following industries? [Exclude respondent if a or b is selected]
   1. State/local recycling agency/authority
   2. Waste management/recycling industry
   3. None of the above
4. How would you describe your residential area?
   1. Rural
   2. Suburban
   3. Urban
   4. Other________
   5. Prefer not to answer
5. How would you describe your residence?
   1. Single-family home
   2. Apartment or condominium
   3. Townhouse or duplex
   4. Mobile home
   5. Other
   6. Prefer not to answer
6. How do you identify?
   1. Male
   2. Female
   3. Non-binary
   4. Prefer not to answer
7. Which of the following best describes your total annual income? 
   1. Less than $25,000
   2. $25,000 to $49,999
   3. $50,000 to $74,999
   4. $75,000 to $99,999
   5. $100,000 to $149,999
   6. $150,000 to $199,999
   7. $200,000+
   8. Prefer not to answer
8. Are you of Hispanic or Latino descent?
   1. Yes
   2. No
   3. Prefer not to answer
9. What is your ethnicity?
   1. Caucasian/White
   2. African/Black American
   3. Asian American
   4. Pacific Islander
   5. American Indian or Alaska Native
   6. Multiple or Other
   7. Prefer not to answer
10. Do you have children?
    1. Yes
    2. No
    3. Prefer not to answer
11. What is your marital status?
    1. Single
    2. Married
    3. Divorced
    4. Separated
    5. Widowed
    6. Living with a partner
    7. Prefer not to answer
12. Which languages are spoken in your home?
    1. English
    2. Spanish
    3. Cantonese
    4. Mandarin
    5. Korean
    6. Vietnamese
    7. Tagalog
    8. Russian
    9. Other____ [Max one word]
    10. Prefer not to answer
13. Do you own or rent your current residence?
    1. Own
    2. Rent
    3. Prefer not to answer
14. What is your current employment status?
    1. Employed full-time (35+ hrs/wk)
    2. Employed part-time (<35 hrs/wk)
    3. On active military duty
    4. Student
    5. Homemaker
    6. Not currently employed
    7. Retired
    8. Prefer not to answer

Recycling/Composting

We are going to ask you a few questions about the recycling and green materials collection services that are provided to you. This survey will not address recycling related to beverage containers that qualify for the California Redemption Value (CRV). For this survey, green materials collection includes collection of yard waste, food waste, and other compostable materials, such as some soiled paper and cardboard. 

1. Please fill in the table below regarding the recycling and green materials bins/dumpsters that are available to you at your residence. Mark one bubble per row. [One response per row][Contractor to insert images of curbside bins and dumpsters for reference]

   Bin/Dumpster	Have and Use	Have But Do Not Use	Not available to me
   Recycling	O	O	O
   Green Materials	O	O	O

   1. If “Have but do not use” is selected for any option]: Why don’t you use this bin/dumpster? (Select all that apply) [Populate for each row for which this option is selected]

      1. Too far from my residence
      2. Not reliably collected at the scheduled time
      3. Not collected frequently enough
      4. Offered in an unsafe location
      5. Smells and/or attracts animals and scavengers
      6. Not sure what to place in bin/dumpster
      7. Other___ [Max ten words]
2. Do you have your own trash, recycling and/or green waste bins/dumpsters, or do you share with other households?
   1. Have my own bins/dumpsters
   2. Share with other households
   3. Do not have bins/dumpsters
3. Please select how trash, recycling, and green waste are placed in your bins/dumpsters.
   1. Trash, recycling, and green waste all placed in one bin/dumpster
   2. Trash and recycling all in one bin/dumpster, green waste in a separate bin/dumpster
   3. Trash, recycling, and green waste all in separate bins/dumpsters
   4. Not applicable—do not have any bins/dumpsters
4. Do you use any of the following alternative recycling methods? (Select all that apply)
   1. Drop-off recycling centers
   2. Store-specific drop-off services (e.g., makeup packaging recycling offered at a local beauty store)
   3. Mail-back programs (e.g., for coffee pods)
   4. Composting at home
   5. Other self-haul
   6. Other____[Max five words]
   7. None
      1. [If none selected above] Please select the reason why: (Select all that apply)
         1. Costly
         2. Not available locally
         3. Was not aware of these services
         4. Difficult to transport materials to these locations
         5. Needs are already met by services available to me
         6. Alternative recycling services are offered in unsafe locations
         7. Other____[Max ten words]

Next, we will ask you some questions about your recycling habits.

5. Do you recycle? Y/N
   1. [If yes] Why do you engage in this activity? (Select all that apply)
      1. Reduce litter
      2. Fight climate change
      3. Reduce air and water pollution
      4. Reduce amount of trash that goes to landfill
      5. Friends and family engage in this activity
      6. Right thing to do
      7. Other______[Max five words]
   2. [If yes] How do you prepare your recyclables before putting them in the recycling bin? (Select all that apply)
      1. Rinse and dry recyclables
      2. Rinse recyclables without drying
      3. Scrape out food and/or other materials
      4. Remove non-recyclable piecess (e.g., film, tape, adhesive labels, etc.)
      5. No preparation before placing recyclables in bin
   3. [If no] What would motivate you to recycle more? (Select all that apply)
      1. Clearer information on what to recycle
      2. More accessible recycling information (e.g., through app or on bin)
      3. Verification that my recyclables are being recycled
      4. Having more recycling bins/dumpsters available for use
      5. Lower recycling costs (e.g., for purchasing bins, curbside collection services, self-hauling, etc.)
      6. Other____[Max ten words]
      7. None of the above

We will now ask you a few questions about how you sort your trash, recyclables, and green waste/organics.

6. When choosing whether to put plastic items in the trash or recycling bin, do you: [One response only] [Contractor to insert images for chasing arrows and resin code identifiers]
   1. Put all plastic items in the trash
   2. Put all plastic items in the recycling bin
   3. Look for chasing arrows recycling symbol on the item to decide whether to put items in the recycling bin
   4. Look at the number in the chasing arrows recycling symbol labeled on the item to decide whether to put it in the recycling bin
   5. Other____
7. If you had these three separate bins/dumpsters, where would you discard the following plastic items? Mark one bubble per row.

8. If you had these three separate bins/dumpsters, where would you discard the following items? Mark one bubble per row.

This next set of questions will ask you about the ways in which you find and/or receive information about sorting your recyclables.

9. How do you currently receive and/or would prefer to receive information about appropriately sorting your trash, recyclables, and green waste/organics? (Select all that apply)

Mark a bubble only if you currently receive and/or prefer to receive information through a communication method. 

10. What are your current and preferred sources of information for appropriately sorting your trash, recyclables, and green waste/organics? (Select all that apply)

Mark a bubble only if you currently receive and/or prefer to receive information from a given source.

11. Select additional topics related to recycling and/or green materials management that you would like to learn more about: (Select all that apply)
    1. Which items to place in the recycling bin
    2. Which items to place in the green waste/organics bin
    3. Recycling and/or green waste/organics collection services that are available locally
    4. Why properly sorting and cleaning recyclables before disposal is good for recycling
    5. The environmental benefits of recycling and green waste/organics composting
    6. Tips to minimize the challenges of recycling and green materials management
    7. Other____[Max ten words]
    8. None

Appendix D, Survey 2 Source Reduction

Demographic Questions

1. Please enter the 5-digit ZIP code of your primary residence: _ _ _ _ _
2. Which of the following best describes your age?
   1. Under 18 [exclude respondent]
   2. 18-24
   3. 25-34
   4. 35-44
   5. 45-54
   6. 55-64
   7. 65-70
   8. 71+
   9. Prefer not to answer
3. How would you describe your residential area?
   1. Rural
   2. Suburban
   3. Urban
   4. Other________
   5. Prefer not to answer
4. How would you describe your residence?
   1. Single-family home
   2. Apartment or condominium
   3. Townhouse or duplex
   4. Mobile home
   5. Other
   6. Prefer not to answer
5. How do you identify?
   1. Male
   2. Female
   3. Non-binary
   4. Prefer not to answer
6. Which of the following best describes your total annual income? 
   1. Less than $25,000
   2. $25,000 to $49,999
   3. $50,000 to $74,999
   4. $75,000 to $99,999
   5. $100,000 to $149,999
   6. $150,000 to $199,999
   7. $200,000+
   8. Prefer not to answer
7. Are you of Hispanic or Latino descent?
   1. Yes
   2. No
   3. Prefer not to answer
8. What is your ethnicity?
   1. Caucasian/White
   2. African/Black American
   3. Asian American
   4. Pacific Islander
   5. American Indian or Alaska Native
   6. Multiple or Other
   7. Prefer not to answer
9. Do you have children?
   1. Yes
   2. No
   3. Prefer not to answer
10. What is your marital status?
    1. Single
    2. Married
    3. Divorced
    4. Separated
    5. Widowed
    6. Living with a partner
    7. Prefer not to answer
11. Which languages are spoken in your home?
    1. English
    2. Spanish
    3. Cantonese
    4. Mandarin
    5. Korean
    6. Vietnamese
    7. Tagalog
    8. Russian
    9. Other____ [Max one word]
    10. Prefer not to answer
12. Do you own or rent your current residence?
    1. Own
    2. Rent
    3. Prefer not to answer
13. What is your current employment status?
    1. Employed full-time (35+ hrs/wk)
    2. Employed part-time (<35 hrs/wk)
    3. On active military duty
    4. Student
    5. Homemaker
    6. Not currently employed
    7. Retired
    8. Prefer not to answer

Source Reduction

In this section, we are going to ask you some questions related to ways you can reduce your use of single-use plastic packaging and food service ware to help cut the production of these materials. 

The following questions will ask if you have participated in any activities to reduce your use of single-use plastic packaging and food service ware.

[Contractor to insert example images for each source reduction activity listed below]

1. Do you bring returnable containers back to participating locations*? Y/N

   *What is this? Some retail and grocery stores offer consumable products (food or self-care products) in containers that can be cleaned and reused. For example, some grocers sell milk in a glass bottle and charge a minimal deposit to encourage the customer to return it for reuse. Some cosmetic and self-care retailers offer jars or bottles that can be refilled at a discounted price when a customer returns. 

   1. [If yes] Why do you engage in this activity? (Select all that apply)

      1. Locations offer a rewards program or other incentive for returning containers
      2. Good for the environment
      3. Produces less packaging trash
      4. Easy to find local stores that offer this service
      5. Friends and family engage in this activity
      6. Other____[Max five words]
   2. [If no] What would motivate you to participate in this activity? (Select all that apply)
      1. More rewards programs or other incentives for returning containers
      2. Lower upfront costs for buying a product in a returnable container
      3. More availability at local stores
      4. Alternative methods for returning containers beyond visiting the store (e.g., option to mail back container)
      5. Other____[Max five words]
      6. None
2. Do you purchase products in bulk (e.g., large 30-count of toilet paper)? Y/N
   1. [If yes] Why do you engage in this activity? (Select all that apply)
      1. Cheaper overall than buying single units
      2. Good for the environment
      3. Produces less packaging trash
      4. Requires fewer trips to the store
      5. Easy to find at a local store
      6. Friends and family engage in this activity
      7. Other____[Max five words]
   2. [If no] What would motivate you to participate in this activity? (Select all that apply)
      1. Ability to access these products without a membership or subscription
      2. Lower upfront cost for purchasing products in bulk
      3. More availability at local stores
      4. Ability to have bulk products shipped directly to residence
      5. More preferred brands and/or products offered
      6. More storage space at home for bulk products
      7. Other____[Max five words]
      8. None
3. Do you purchase concentrated products, such as concentrated soaps or detergents that are sometimes diluted with water before use? Y/N
   1. [If yes] Why do you engage in this activity? (Select all that apply)
      1. Cheaper than buying unconcentrated products
      2. Good for the environment
      3. Produces less packaging trash
      4. Requires fewer trips to the store
      5. Easy to find at a local store
      6. Friends and family engage in this activity
      7. Other____ [Max five words]
   2. [If no] What would motivate you to participate in this activity? (Select all that apply)
      1. Ability to access these products without a membership or subscription
      2. Lower upfront cost for purchasing concentrated products
      3. Improved packaging design for ease of use
      4. More availability at local stores
      5. More preferred brands and/or products offered
      6. Other____ [Max five words]
      7. None
4. Do you purchase products by weight at the bulk section of a store (e.g., nuts by the pound)? Y/N
   1. [If yes] Why do you engage in this activity? (Select all that apply)
      1. Can purchase exact amount of desired product
      2. Good for the environment
      3. Can use reusable container
      4. Easy to find at a local store
      5. Friends and family engage in this activity
      6. Other____[Max five words]
   2. [If no] What would motivate you to participate in this activity? (Select all that apply)
      1. Assurance about the quality of products in the bulk section (e.g., hygiene safeguards, such as tongs or scoopers, to prevent cross contamination; containers designed to preserve freshness)
      2. Ability to access these products without a membership or subscription
      3. Lower prices for these products
      4. Ability to use a reusable container when gathering products from the bulk section
      5. More availability at local stores
      6. More preferred brands and/or products offered
      7. Other____[Max five words]
      8. None
5. Do you choose to buy products with minimal to no plastic packaging? Y/N
   1. [If yes] Why do you engage in this activity? (Select all that apply)
      1. Cheaper than buying products packaged in plastic
      2. Good for the environment
      3. Produces less plastic packaging trash
      4. Easy to find at a local store
      5. Friends and family engage in this activity
      6. Other____ [Max five words]  
   2. [If no] What would motivate you to participate in this activity? (Select all that apply)
      1. Lower prices for these products
      2. Product works as well or better with minimal to no plastic packaging
      3. More availability at local stores
      4. More preferred brands and/or products offered
      5. Other____ [Max five words]
      6. None
6. Do you opt out of receiving plastic single-use food service ware* with takeout food or drink purchases? Y/N
   *Examples of food service ware include plastic forks, knives, and spoons, straws, coffee stirrers, coffee cup sleeves, plastic cold drink cups, single-use hot drink cups, Styrofoam food containers and drink cups, clam shell containers, chopsticks, etc.
   1. [If yes] Why do you engage in this activity? (Select all that apply)
      1. Good for the environment
      2. Produces less plastic trash
      3. Would rather use my own utensils and/or containers
      4. Friends and family engage in this activity
      5. Other____
   2. [If no] What would motivate you to participate in this activity? (Select all that apply)
      1. Ability to opt out of receiving food service ware when placing orders on food delivery apps and/or online
      2. Discount on final purchase for opting out
      3. Ability to use my own utensils and/or containers for purchases
      4. More options for returning reusable food service ware with purchases
      5. Other____
      6. None
7. Do you purchase products at refill stores*? Y/N
   *What is this? Refill stores are retail stores that allow consumers to refill any personal or storebought reusable container with household products, such as detergents, dried foods, cooking oils, etc.
   1. [If yes] Why do you engage in this activity? (Select all that apply)
      1. Can purchase exact amount of desired product
      2. Good for the environment
      3. Produces less packaging trash
      4. Easy to find locally
      5. Friends and family engage in this activity
      6. Other____
   2. [If no] What would motivate you to participate in this activity? (Select all that apply)
      1. Lower prices for these products
      2. Acceptance of government assistance programs, such as EBT, WIC, or SNAP
      3. Ability to access these products without memberships or subscriptions
      4. Assurance about the quality of products sold (e.g., hygiene safeguards, such as tongs or scoopers, to prevent cross contamination; containers designed to preserve freshness)
      5. More availability locally
      6. More preferred brands and/or products offered
      7. Other____
      8. None

This final set of questions will ask you about the ways in which you find and/or receive information about reducing your use of single-use plastic packaging and food service ware.

8. Select all that apply for how you currently receive and would prefer to receive information about ways you can reduce your use of single-use plastic packaging and food service ware.

Mark a bubble only if you currently receive and/or prefer to receive information through a given communication method. 

9. Select all that apply for your current and preferred sources of information for strategies to reduce your use of single-use plastic packaging and food service ware. 

Mark a bubble only if you currently receive and/or prefer to receive information from a given source.

10. Select any topics that you would like to learn more about related to reducing your use of single-use plastic packaging and food service ware:
    1. Activities that can help reduce single-use plastic usage
    2. Environmental benefits of using  less single-use plastic
    3. How strategies to use less single-use plastic can save time and money in the long-term
    4. Brands and restaurants that use little to no single-use plastic packaging and/or food service ware when offering products to customers
    5. Other____

This contract is estimated to begin May 2025 and end December 2025.  See Appendix A, Table 1 for details. 

Services will be provided state-wide.  The location for meetings with the Contract Manager will be determined by the Contract Manager.  Meetings will be held via teleconference, at the Sacramento Environmental Protection Agency Headquarters (1001 I Street, Sacramento, CA 95814), or by other appropriate means such as webinar.

1. The Contract Manager has the authority to determine the quality and acceptability of the following:
   • Work to be performed
   • Rate and progress of the work
   • Fulfillment of the services provided by the Contractor

   • Compensation for services provided by the Contractor

      

2. These decisions will be deemed final and enforceable by the Contract Manager when the Contractor fails to complete orders required by this Contract.
    
3. The Contractor shall immediately bring any unanticipated issues to the attention of the Contract Manager.  The Contract Manager will confer with appropriate CalRecycle staff, if necessary, and the Contractor to resolve the issue.
    
4. The Contractor will designate a Project Manager who holds the following authority
   • Act as the Contractor’s Representative for work to be provided under this Contract
   • Act as the Contractor’s Representative regarding contractual matters relating to this Contract.
      

5. If during the course of the Contract, it is deemed necessary to replace the Project Manager, Contract Manager approval is required.

    

6. If the due date for a Contract Task/Deliverable falls on a weekend or a Legal Holiday (see Section VI Definitions and Terms), then the due date shall be extended to the first day following the due date that is not a weekend or Legal Holiday.  

1. INVOICING AND PAYMENT:
   1. For services satisfactorily rendered and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for completed deliverables in accordance with the rates specified in Exhibit B.1. Cost Sheet and per the terms of the Pay-Per-Deliverable payment structure identified in Appendix A, Table 1: Pay-Per-Deliverable Structure.
   2. Itemized invoices shall be submitted electronically, with one set of supporting documentation (i.e., receipts, timesheets, etc.), not more frequently than monthly in arrears to: contractpayment@calrecycle.ca.gov
   3. Each invoice submitted to CalRecycle must include the following information:
      1. Invoice Number
      2. Contract Number
      3. Description of Rendered Activities/Services
      4. Submitting Contractor’s Address
      5. Invoice Period
2. BUDGET CONTINGENCY CLAUSE:
   1. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and the Contractor shall not be obligated to perform any provisions of this Agreement.

   2. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either: cancel this Agreement with no liability occurring to the State, or offer an Agreement Amendment to the Contractor to reflect the reduced amount.

       

3. PROMPT PAYMENT CLAUSE: Payment will be made in accordance with and within the time specified in Government Code, Chapter 4.5 (commencing with Section 927).

    

4. TAXES: The State of California is exempt from Federal Excise Taxes, and no payment will be made for any taxes levied on employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales or use tax imposed by another state.

    

5. COST BREAKDOWN: Reference ATTACHMENT 5: COST PROPOSAL SHEET.

    

6. TRAVEL CLAUSE: Services shall be provided remotely; therefore travel and per diem are not anticipated.

    

7. PAYMENT WITHHOLD: The provisions for payment under this contract will be subject to a ten percent (10%) withholding per invoice. The withheld payment amount will be included in the final payment to the Contractor and will only be released when all required work has been completed to the satisfaction of CalRecycle. The Contractor agrees to comply with the requirements of Public Contract Code (PCC), Section 10346.

    

8. DVBE $10,000 WITHHOLD:  This contract is subject to final payment withholding in accordance with Military and Veterans Code § 999.7 until the Contractor complies with the certification requirements of subdivision (d) of § 999.5. CalRecycle will withhold $10,000 from the final payment, or the full final payment if less than $10,000, until the Contractor complies with the certification requirements and submits the Prime Contractors Certification – DVBE Subcontracting Report (STD 817) form to CalRecycle.
9. PAY-PER-DELIVERABLE STRUCTURE: This is a “Pay-Per-Deliverable” contract. Individual deliverables that do not meet the contractual requirements specified in the Contract will not be paid at full cost.

These documents can be viewed at https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February-2025.pdf

1. AGENCY LIABILITY: The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, CalRecycle shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
    
2. CALIFORNIA WASTE TIRES: Unless otherwise provided for in this contract, in the event the Contractor and/or Subcontractor(s) purchases waste tires or waste-tire derived products for the performance of this Agreement, only California waste tires and California waste tire-derived products shall be used. As a condition of payment under this Agreement, the Contractor must provide documentation substantiating the source of the tire materials used during the performance of this Agreement to the Contract Manager.
   
   All formal notices required by this Agreement must be given in writing and sent by prepaid certified mail, fax, personal delivery or telex.
    
3. CONTRACT MANAGEMENT: The Contractor and the agents and employees of the Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. The Contractor may change the designated Project Director, but CalRecycle reserves the right to approve any substitution of the Project Director. The Contractor’s key personnel may not be substituted without CalRecycle’s Contract Manager’s prior written approval. All substitutions require written justification to CalRecycle. CalRecycle reserves the right to reject proposed substitutions. CalRecycle may change the Contract Manager by notice given to the Contractor at any time. CalRecycle staff will be permitted to work side-by-side with the Contractor’s staff to the extent and under conditions that may be directed by the Contract Manager. In this connection, CalRecycle’s staff will be given access to all required data, working papers, etc. The Contractor will not be permitted to utilize CalRecycle’s staff for the performance of services, which are the responsibility of the Contractor unless the Contract Manager previously agreed to such utilization in writing, and any appropriate adjustment in price is made. No charge will be made to the Contractor for the services of CalRecycle’s staff for coordination or monitoring functions.
    
4. CONTRACTOR EVALUATIONS: CalRecycle will evaluate the Contractor’s performance within sixty days of the completion of this Agreement and shall remain on file by CalRecycle for a period of thirty-six months. If the Contractor does not satisfactorily perform the work or service specified in this Agreement, CalRecycle will submit a copy of the negative evaluation to the Department of General Services (DGS), Office of Legal Services, within five (5) working days of the completion of the evaluation. Upon filing an unsatisfactory evaluation with the DGS, CalRecycle shall notify and send a copy of the evaluation to the Contractor within fifteen (15) days. The Contractor shall have thirty days to prepare and send a written response to CalRecycle and the DGS. CalRecycle and the DGS shall file the Contractor's statement with the evaluation. (Public Contract Code, § 10369). 
    
5. CONFIDENTIALITY/PUBLIC RECORDS: The Contractor and CalRecycle understand that each party may come into possession of information and/or data which may be deemed confidential or proprietary by the person or organization furnishing the information or data. Such information or data may be subject to disclosure under the California Public Records Act, commencing with Government Code § 7920.00, or the Public Contract Code (PCC). CalRecycle agrees not to disclose such information or data furnished by the Contractor and to maintain such information or data as confidential when so designated by Contractor in writing at the time it is furnished to CalRecycle, only to the extent that such information or data is exempt from disclosure under the California Public Records Act and the PCC.
    
6. CONFLICT-FUTURE BIDDING LIMITATION AND FOLLOW-ON CONTRACTS: Pursuant to PCC § 10365.5:
   1. No person, firm, or subsidiary thereof who has been awarded a consulting services contract may submit a bid for, nor be awarded a contract for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract.
   2. Subdivision (a) does not apply to any person, firm, or subsidiary thereof who is awarded a subcontract of a consulting services contract that amounts to no more than ten (10) percent of the total monetary value of the consulting services contract.
   3. Subdivisions (a) and (b) do not apply to consulting services contracts subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code.
       
7. CONSULTING SERVICES: If this Agreement is for consulting services, the Contractor is hereby advised of its duties, obligations and rights under PCC §§ 10335 through 10381.
    
8. DELIVERABLES: All documents and/or reports drafted for publication by or for CalRecycle in accordance with this contract shall adhere to CalRecycle’s Contractor Publications Guide at www.calrecycle.ca.gov/Contracts/PubGuide/ and shall be reviewed by CalRecycle’s Contract Manager in consultation with a CalRecycle editor. 
   For contracts of $5,000 or more, any document or written report prepared for or under the direction of CalRecycle, shall include a notation on the inside cover as follows:
   "Prepared as part of CalRecycle contract number <<TBD AT TIME OF AWARD>>, Total Contract Amount <<TBD AT TIME OF AWARD>>, pursuant to Government Code § 7550."
    
9. ENTIRE AGREEMENT: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with the Attachments and/or Exhibits hereto, contains the entire Agreement of the parties.
    
10. ENVIRONMENTAL JUSTICE: In the performance of this Agreement, the Contractor shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the State. (Gov. Code, § 65040.12(e).)
     
11. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, the Contractor represents that it is not a target of Economic Sanctions. Should the State determine that the Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.
     
12. FORCE MAJEURE: Neither CalRecycle nor the Contractor, including the Contractor's subcontractor(s), if any, will be responsible hereunder for any delay, default or nonperformance of this Agreement, to the extent that such delay, default or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, or flood, or any other cause beyond the reasonable control of such party.
     
13. GRATUITIES: CalRecycle may terminate this Agreement if gratuities were offered or given by the Contractor, or any agent or representative of the Contractor, to any employee of CalRecycle, with a view toward securing a contract or securing favorable treatment with respect to awarding or amending or making a determination with respect to performance of this Agreement.
     
14. HEALTH AND SAFETY: Contractors are required to, at their own expense, comply with all applicable health and safety laws and regulations. Upon notice, Contractors are also required to comply with CalRecycle’s specific health and safety requirements and policies. Contractors agree to include in any subcontract related to performance of this Agreement, a requirement that the subcontractor comply with all applicable health and safety laws and regulations, and upon notice, CalRecycle’s specific health and safety requirements and policies.
     
15. IMPRACTICABILITY OF PERFORMANCE: This Agreement may be suspended or cancelled, without notice at the option of the Contractor, if the Contractor’s or CalRecycle’s premises or equipment is destroyed by fire or other catastrophe or is so substantially damaged that it is impractical to continue service or in the event the Contractor is unable to render service as a result of any action by any governmental authority.
     

16. INSURANCE: When required, the Contractor must provide: 1) a Certificate of Insurance insuring CalRecycle, and/or 2) verification of Worker’s Compensation insurance. The Contractor must provide said Certificate of Insurance and/or verification to CalRecycle within ten (10) days after notification of CalRecycle’s intent to award the Agreement. The Agreement will not be executed, nor can work begin, unless said Certificate of Insurance and/or verification is provided to CalRecycle.

    The Certificate of Insurance must be in effect for the duration of the Agreement and shall include the following terms and conditions

    1. CalRecycle, its officers, agents, employees, and servants shall be included as additional insured.
    2. The dates of inception and expiration of coverage shall be specified.
    3. A minimum liability coverage of not less than $1,000,000.00 per occurrence for bodily injury and property damage liability combined shall be specified. The coverage shall not include a deductible feature.
    4. The insurer will not cancel the insured’s coverage without thirty days prior written notice to CalRecycle.
    5. CalRecycle is not liable for the payment of premiums or assessments on said policy.
    6. The insurance coverage shall be on an occurrence basis only. 

     

    In the event the Certificate of Insurance should expire or be cancelled during the term of this Agreement, the Contractor agrees to provide, at least thirty days prior to said expiration or cancellation, a new Certificate of Insurance evidencing coverage, as provided for herein, for not less than one (1) year or for the remainder of the contractual agreement, whichever is greater. In the event the Contractor fails to keep in effect at all times insurance coverage as herein provided, CalRecycle may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

     

17. INTELLECTUAL PROPERTY: CalRecycle shall exclusively own all intellectual property rights in and to all work product, including, but not limited to, writings, ideas, inventions (whether patentable or not), discoveries, research, proposals, and all other results and work product of any nature whatsoever, that is created, authored, produced, conceived, or reduced to practice in the course of the performance of this Agreement. Such intellectual property rights, whether registered or unregistered, and including all applications for and renewals or extensions thereof, shall include, but are not necessarily limited to copyrights; trademarks, service marks, trade dress, trade names, logos, and domain names, together with all of the goodwill associated therewith; and patents. The Contractor agrees, and shall cause all of its relevant personnel, including all employees, agents, subcontractors, and other personnel participating in any way in the creation or achievement of such work product, to agree, that any such work product that may qualify as “work made for hire” pursuant to 17 U.S.C. § 101 is hereby deemed a “work made for hire” for CalRecycle. To the extent that any of the work product does not constitute a “work made for hire” for CalRecycle, Contractor hereby irrevocably assigns to CalRecycle, and shall cause such personnel to irrevocably assign to CalRecycle, in each case without additional consideration, all rights, title, and interest throughout the world in and to the work product, including all intellectual property rights therein. Upon request of CalRecycle, the Contractor shall promptly take, and shall cause its relevant personnel to promptly take, such further actions, including execution and delivery of all appropriate instruments of conveyance, as may be necessary to assist CalRecycle to prosecute, register, perfect, or record its rights in or to any such work product.
     
18. LIABILITY FOR NONCONFORMING WORK: The Contractor will be fully responsible for ensuring the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the Contractor’s deadline, the Contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of the project, CalRecycle, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CalRecycle for any additional expenses incurred to cure such defects.
     
19. LICENSES OR PERMITS: The Contractor shall be an individual or firm licensed to do business in and with the State of California and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Agreement.
    
    In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), CalRecycle may, in addition to other remedies it may have, terminate this Agreement upon occurrence of such event.
     
20. ORDER OF PRECEDENCE: In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply: STD 213; GTC 04/2017  – General Terms and Conditions (incorporated by reference); Exhibit A – Scope of Work; Exhibit B – Budget Detail and Payment Provisions; Exhibit B.1 – Cost Sheet; Exhibit D – Special Terms and Conditions; Other exhibits in alphabetical order, beginning with E; Attachments in numerical order, beginning with 1.
     
21. OWNERSHIP OF DRAWINGS, PLANS AND SPECIFICATIONS: CalRecycle will have separate and independent ownership of all drawings, design plans, specifications, notebooks, tracings, photographs, negatives, reports, findings, recommendations, data and memoranda of every description or any part thereof, prepared under this Agreement. The originals and all copies thereof will be delivered to CalRecycle upon request. CalRecycle will have the full right to use said originals and copies in any manner when and where it may determine without any claim on the part of the Contractor, its vendors or subcontractors to additional compensation.
     
22. PUBLICITY AND ACKNOWLEDGEMENT: The Contractor shall acknowledge CalRecycle’s support whenever projects funded, in whole or in part, by this Agreement are publicized in any news media, brochures, or other type of promotional material.
     

23. RECYCLED-CONTENT PRODUCT PURCHASING: In the performance of this Agreement, the Contractor shall purchase used and/or recycled-content products as set forth on the back of the Recycled-Content Certification Form (Exhibit D, Attachment 1). For assistance in locating recycled-content products, please search the recycled-content product database available at: www.calrecycle.ca.gov/rcpm. If after searching the database, contractors are unable to find the recycled-content products they are looking for, please notify CalRecycle’s Contract Manager. All recycled content products purchased or charged/billed to CalRecycle that are printed upon such as promotional items, publications, written materials, and other educational brochures shall have both the total recycled content (TRC) and the post-consumer (PC) content clearly printed on them.

    In addition, any written documents such as, publications, letters, brochures, and/or reports shall be printed double-sided on 100% post-consumer (PC) paper. Specific pages containing full-color photographs or other ink-intensive graphics may be printed on photographic paper. The paper should identify the post-consumer recycled content of the paper (i.e., “printed on 100% post-consumer paper”). When applicable, the Contractor shall provide the Contract Manager with an electronic copy of the document and/or report for CalRecycle’s uses. When appropriate, only an electronic copy of the document and/or report shall be submitted and no hard copy shall be provided.

24. REMEDIES: The Contractor shall perform all work pursuant to the Agreement in a safe, satisfactory, professional, efficient, and expeditious manner to the satisfaction of CalRecycle. Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under the Agreement, at law or in equity, and exercise of one right or remedy will not be deemed a waiver of any other right or remedy. In the event of the Contractor’s default under this Agreement, CalRecycle shall be entitled to all remedies available at law including, but not limited to, termination of this Agreement, withholding of any amount billed, and/or recovery of funds disbursed.
     
25. SETTLEMENT OF DISPUTES: In the event of a dispute, the Contractor shall file a “Notice of Dispute” with CalRecycle’s Director or his/her designee with ten (10) days of discovery of the problem. Within ten (10) days, the Director or his/her designee shall meet with the Contractor and CalRecycle Project Manager for the purpose of solving the dispute.
     
26. STOP WORK NOTICE: Immediately, upon receiving a written notice to stop work, the Contractor shall cease all work under this Agreement.
     
27. SUBCONTRACTORS: All Subcontractors previously identified in the bid/proposal submitted are considered to be acceptable to CalRecycle. Any change or addition of Subcontractors will be subject to the prior written approval of the Contract Manager or the Director or his/her designee. Upon termination of any Subcontract, the Contractor shall notify the Contract Manager or the Executive Director immediately. If CalRecycle or the Contractor determines that the level of expertise or the services required are beyond that provided by the Contractor or its routine Subcontractors, the Contractor shall be required to employ additional Subcontractors. Nothing contained in this Agreement or otherwise, shall create any contractual relation between CalRecycle and any Subcontractors, and no Subcontract shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to CalRecycle for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by any Subcontractor as it is for the acts and omissions of persons directly employed by the Contractor. The Contractors obligation to pay its Subcontractors is an independent obligation from CalRecycle’s obligation to make payments to the Contractor. As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to any Subcontractor.
     
28. SUCCESSORS: The provisions of this Agreement will be binding upon and inure to the benefit of CalRecycle, the Contractor, and their respective successors.
     
29. TERMINATION: CalRecycle shall have the right to terminate this Agreement at its sole discretion at any time upon thirty (30) days written notice given to the Contractor. In the case of early termination, a final payment will be made to the Contractor upon approval by the Contract Manager of a financial report, invoices for costs incurred to date of termination and a written report describing all work performed by the Contractor to date of termination.
     
30. UNRELIABLE LIST: Prior to authorizing a Subcontractor(s) to commence work under this Agreement, the Contractor shall submit to CalRecycle a declaration from the Subcontractor(s), signed under penalty of perjury, stating that within the preceding three years, none of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, Division 7, have occurred with respect to the subcontractor(s).
    
    Placement of the Contractor on CalRecycle’s Unreliable List at any time after award of this Agreement may be grounds for termination of Agreement. If a Subcontractor is placed on CalRecycle’s Unreliable List after award of this Agreement, the Contractor may be required to terminate the Subcontract.
     
31. WASTE REDUCTION: In the performance of this Agreement, the Contractor shall take all reasonable steps to ensure that materials purchased or consumed in the course of the project are utilized both effectively and efficiently to minimize the generation of waste. The steps should include, but not necessarily be limited to, the use of reusable products, the use of recyclable and compostable products, discretion in the amount of materials used, the provision of alternatives to disposal for materials consumed, and the practice of other waste reduction measures where feasible and appropriate.

Please use this checklist to assist in the preparation of your Proposal package to ensure that all required items are included.

• Cover Letter with contact information and statements as required in SECTION 3.3. Cover Letter
• Organizational information and Personnel Information (Resumes) as required in SECTION 3.6. Organization
• Proposal (detailed Work Plan or Study Design) as required in SECTION 3.5. Methodology
• Samples of Written Work as required in SECTION 3.9. Samples of Written Work
• Copy of Required License(s) (Secretary of State) as required in SECTION 3.11. Licenses 

The following forms are required upon submittal pursuant to the provisions outlined in Section 3, PROPOSAL SUBMITTAL REQUIREMENTS :

• ATTACHMENT 1: DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS (DGS PD 843)
• ATTACHMENT 7: CLIENT REFERENCES
• ATTACHMENT 8: CONTRACTOR STATUS FORM
• ATTACHMENT 9: BIDDER DECLARATION
• ATTACHMENT 10: CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017)
• ATTACHMENT 11: DARFUR CONTRACTING ACT
• ATTACHMENT 12: CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION 

The following forms are only required upon submittal as applicable pursuant to the provisions outlined in Section 3, SECTION 3. PROPOSAL SUBMITTAL REQUIREMENTS: 

• ATTACHMENT 13: TARGET AREA CONTRACT PREFERENCE ACT
• ATTACHMENT 4: COMMERCIALLY USEFUL FUNCTION (CUF) CERTIFICATION (CALRECYCLE 75) 

The following forms are not required at the time of the Proposal submission but will be required by the successful Contractor during the contract period:

• ATTACHMENT 2: SMALL BUSINESS (SB) SUBCONTRACTOR PAYMENT CERTIFICATION
• ATTACHMENT 3: DISABLED VETERAN BUSINESS SUBCONTRACTOR PAYMENT CERTIFICATION (STD 817)
• EXHIBIT E: RECYCLED CONTENT CERTIFICATION (end of Sample Standard Agreement)
• Payee Data Record (Standard Form 204 viewable at https://www.calrecycle.ca.gov/Contracts/Forms/default.htm)

Please note that if any of the items are missing from the Proposal package, the package will be considered incomplete and will be disqualified from the process.