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HomeMy WebLinkAboutItem 4.03 AlaCntyCompstng&ShannonCtr . . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 25, 1993 SUBJECT: Revised Agreement with the Alameda County Home Composting Program relating to the Compost Garden at Shannon Center. ':ry (Prepared by: Bo Barker, Management Assistant) EXHIBITS A IT ACHED: 1 ~urrent Agreement 2/f-'roposed Agreement RECOMMENDATION: _ J::t Direct staff to send termination notice to Alameda County /J . ~ Environmental Health Department terminating the original agreement \LJ\I relating to the Compost Garden. 2. Authorize the Mayor to execute the new Agreement with the Alameda County Waste Management Authority. FINANCIAL STATEMENT: None DESCRIPTION: In February, 1991, the City of Dublin entered into an agreement with Alameda County to construct, maintain and operate a composting demonstration garden. The demonstration garden, located at Shannon Community Center, is one of four gardens located in Alameda County. On October I, 1993, administration of the Alameda County Home Composting Program was formally transferred to the Alameda County Waste Management Authority from the Vector Control Services District of the Alameda County Environmental Health Department. A new agreement between the City of Dublin and the Alameda County Waste Management Authority must be executed. The new agreement provides for the same level of service which is currently provided. In order to enter into this new agreement the City must first terminate the agreement with Alameda County Health Services Department. Termination provisions in the current contract allow for termination given thirty (30) days notice. It is recommended that the City Council direct staff to send a termination notice to the Alameda County Environmental Health Department. Also, Staff recommends the City Council authorize the Mayor to execute the new agreement between the City and the Alameda County Waste Management Authority. COPIES TO: ITEM NO. 4. '7 CITY CLERK FILE~ ~..~: ::!l':". ~~_'.1 , " . . AGREEMENT BETWEEN THE CITY OF DUBLIN AND ALAMEDA COUNTY PROVIDING FOR A COMPOST EDUCATION PROJECT This Agreement is made and entered into thiS//~ day of FE,fl;RU II f?y , 1991 between the CITY OF DUBLIN, a municipal corporation, hereinafter referred to as "CITy"'and the COUNTY OF ALAMEDA, hereinafter referred to as "COUNTY". This Agreement is made upon the following terms and conditions: 1. LOCATION COUNTY, or its agent, is granted the right pursuant to this Agreement to enter upon CITY property known as located at 11600 Shannon Avenue, Dublin, California. of the "Project Site" within Shannon Park shall be as shown in Exhibit A - Site Plan, attached hereto and made a part hereof. the terms of Shannon Park The location is generally by reference 2. PURPOSE COUNTY, or its agent, is granted authorization to construct a home composting demonstration garden consisting of composting bins, benches and weather resistant bulletin board on the project site at Shannon Park as shown in Exhibit A - Si tePlan and Exhibit B - Master Plan. Both Exhibits are attached hereto and made a part hereof. When the construction is completed, COUNTY is granted authorization to conduct tw~~ty___J20) composting workshops on the Project Site for the public. - All construction costs and maintenance relating to the demonstration garden shall be the responsibility of COUNTY. 3. NOTIFICATION OF USE OF SITE COUNTY agrees to notify CITY at least fifteen (15) days in advance of using the Project Site for composting workshops. Requests received less than fifteen days in advance may be approved at the sole discretion of the City Recreation Director. Requests to use the Community Center Building shall be in accordance with City policies. 4. PROJECT SITE CONDITION COUNTY agrees to conduct an inspection of the Project Si te at Shannon Park and agrees to accept the site in an "as is" condition. No alteration shall be made to the vegetation, grounds, or facilities without expressed written consent from the CITY Public Works Director. Upon termination of this agreement, CITY may require COUNTY to remove all composting bins, bulletin board, and other improvements and restore the site to the condi tions which existed prior to the performance of this Agreement. CITY shall give a notice of the need for removal in writing. February 1, 1991 1 EXHIBiT 1- . . 5. SCOPE OF IMPROVEMENTS Prior to beginning work, COUNTY shall submit to CITY Public Works Director plans and specifications identifying the method, timing, and location of the improvements to be constructed. Said information shall be based upon the information presented in Exhibits A and B to this agreement. Actual installation shall be in accordance with plans approved by the Public Works Director. 6. PROTECTION/SAFETY COUNTY and its agents shall be responsible for taking all safety precautions during construction and use of the site. This shall include but not be limited to protection of adjacent improvements during construction. Upon notification of safety problems during construction, COUNTY shall take corrective action in a timely manner. COUNTY shall be responsible for repair of any existing CITY improvements damaged during construction. 7. CONSTRUCTION PERIOD Following approval of the COUNTY plans by the CITY Public Works Director, COUNTY shall indicate an estimated date for the beginning of construction. COUNTY shall proceed with the work in a timely manner. 8. DAMAGE AFTER CONSTRUCTION In ,the event CITY identifies any damage to the improvements installed pursuant to this agreement, CITY shall notify COUNTY in writing of the defect and COUNTY shall promptly correct the problem at its sole cost. If deemed necessary, to protect public safety, CITY reserves the right to remove or otherwise secure the damaged improvement. 9. PROJECT SITE MAINTENANCE COUNTY agrees to maintain the Project Site (Composting Area) in a condition acceptable to CITY. In the event the Project Site is not maintained in a condition acceptable to CITY, CITY shall provide COUNTY with notice of the deficiencies. In the event that the problems are not corrected within a: reasonable time , CITY or its contractors may perform the work. Lack of regular maintenance by COUNTY shall be cause for termination. 10. PROJECT DIRECTIONAL' SIGNS In the event that directional signs are desired by the COUNTY, the location and type shall be submitted in advance to the Public Works Director for approval. The cost shall be at the sole expense of the COUNTY. This section shall not preclude the CITY from installing signs. February 1, 1991 2 . . 11.. TERM This agreement shall remain in effect until such time as it is terminated in accordance with Section 25. 12. HOLD HARMLESS AND INDEMNIFICATION Ci ty shall indemnify COUNTY, its officers and employees against liability for injury or damage caused by a negligent act or omission of CITY in the performance of this Agreement and shall hold COUNTY harmless from and defend COUNTY against any loss occasioned as a result of the performance of this Agreement by CITY. COUNTY shall indemnify CITY, its officers and employees against liability for injury or damage caused by a negligent act or omission of COUNTY in the performance of this Agreement or in the use of the Project Site by members of the public and shall hold CITY harmless from and defend CITY against any loss occasioned as a result of the performance of this Agreement by COUNTY. 13. INSURANCE The following is a summary of the insurance required of COUNTY and any Contractor utilized by COUNTY in performing work on CITY property. COUNTY shall obtain all of the insurance required in the following paragraphs and shall maintain the same at all times during the life of the Agreement. At the time of execution of the Agreement, and before any construction begins, COUNTY shall cause to have filed wi th the CITY, the original of an insurance policy, certificate, memo or rider certifying that the required coverage and endorsements as set forth below are in effect. The COUNTY shall be self insured for all of the following coverages: a. Comprehensive General Liability and Automobile Liability: Property Damage: minimum minimum minimum $500,000 each person $500,000 each accident $100,000 each accident Bodily Injury: b. Worker's Compensation and Employer Liability c. Notice ofChanqe in Coveraqe The COUNTY will provide 30 days notice of cancellation, or limitation of insurance. 14. INDEPENDENT CONTRACTOR Except as CITY may specify in writing, COUNTY shall have no authority expressed or implied to act on behalf of CITY in any capacity whatsoever as ,an agent. February 1, 1991 3 . . 15. COMPLIANCE WITH LAWS J COUNTY shall comply with all applicable CITY, State and Federal laws. 16. ATTORNEY'SFEES Should it become necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party. 17. ENTIRE AGREEMENT The Agreement supersedes any and all other agreements between the CITY and COUNTY that relate to the construction and operation of a composting demonstration garden. 18. GOVERNING LAW The validity of this Agreement and of any of its terms and provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of ' the State of California and applicable regulations of the City of Dublin and County of Alameda. 19. NON-DISCRIMINATION ..~, CITY assures that it will comply with Title riI:i;) of the Civil Rights Act of 1964 and that no person shall, on --the grounds of race, creed, color, disability, sex or national origin, age, religion, Vietnam era Veteran's status, political; affiliation, sexual orientation, or any other non-merit factors be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 20. ASSIGNMENT Nothing contained in this Agreement shall be construed to permit assignment or transfer by CITY or COUNTY of any rights under this Agreement and such assignment or t=ansfer is expressly prohibited and void. 21. EXECUTION Time is of the essence of the Agreement. 22. EMPLOYER/EMPLOYEE RELATIONSHIP No relationship of employer and employee is created by this Agreement. February 1, 1991 4 . . 23. DRUG-FREE WORKPLACE CITY and CITY's employees shall comply with the COUNTY's policy of maintaining a drug-free workplace. Neither CITY nor CITY's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in a 21 U. S. Code section 812, including marijuana, heroin, cocaine, and amphetamines, at any COUNTY facility or work site. If CITY or any employee of CITY is convicted or plead nolo contendere to a criminal drug statute violation occurring at a COUNTY facility or work site, the CITY wi thin five days thereafter shall notify the head of the COUNTY department/agency for which the contract services are performed. Violation of this provision shall constitute a material breach of this Agreement. 24. AMENDMENT No alteration, amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 25. TERMINATION Either party may terminate this Agreement with or without cause by providing thi~ty (30) days' notice, in writing, to the other party. Upon the expiiation of said notice, this Agreement shall become of no further force or effect whatsoever and each of the parties hereto shall be relieved and discharged herefrom. Either party may terminate at any time without notice upon a material breach of the' terms of this Agreement and/or in the event that performance is substandard or unsatisfactory. FO~AL~ David J. Kears, 'Agency Director Health Care Services Agency ;;2!/}1 ~/ DATE APPROVED AS TO FORM: K H. Booty, Jr., County Counsel DATE !2j;Lf!CJ / DATE APPROVED AS TO FORM: -~(4!-4 7r/' L ,I;2~ Elizabeth Silver, City'Attorney PSR/lss.compagre.doc.psr February 1, 1991 5 ., . . AGREEMENT BETWEEN ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY AND CITY OF DUBLIN PROVIDING FOR A COMPOST EDUCATION PROJECT This Agreement is made and entered into this day of , 1993 between the Alameda County Waste Management Authority ("Authority") and the city of Dublin, ("Dublin"). This Agreement is made upon the following terms and conditions and for mutual consideration received: 1. BACKGROUND On February 11, 1991, Alameda County ("County") and Dublin entered into an Agreement for the construction and operation of a home composting demonstration garden in Dublin. A copy of that Agreement is attached hereto as Exhibit A and is incorporated herein. 2. COMPLIANCE WITH AGREEMENT WITH COUNTY Dublin represents to the Authority that the terms of Exhibit A are being observed by Dublin. 3. AUTHORITY AS SUCCESSOR The Authority, effective October 1, 1993, succeeded to the role of the County in administering the Home Composting Education Program for Demonstration Gardens. 4. CLAIMS UNDER AGREEMENT WITH COUNTY Dublin agrees that any claims for breach of Exhibit A arlslng prior to October 1, 1993 may not be asserted against the Authority. 5. LOCATION The Authority, or its agent, is granted the right by Dublin to enter upon City owned property known as Shannon Park located at 11600 Shannon Avenue, Dublin, California. This is the site of the existing composting demonstration garden which had been administered by the County as specified in Exhibit A. 6. PURPOSE The Authority is granted the right by Dublin to continue the existing program with the facilities as specified in Exhibit A including authorization to conduct composting workshops for the public. All maintenance relating to the demonstration garden shall be 1. E~t!a tlSBI' "'Ird 1{~\t1h" ~ 2- 'll:t~nrh' I . . the responsibility of the Authority. In the event the project site is not maintained in a condition acceptable to DUblin, Dublin shall provide Authority with notice of the deficiencies. In the event that the problems are not corrected within a reasonable time, City or its contractors may perform the work. , Lack of regular maintenance by Authority shall be cause for termination. 7. PROJECT DIRECTIONAL SIGNS In the event that directional signs are desired by the Authority, the location and type shall be submitted in advance to the Public Works Director for approval. The cost shall be at the sole expense of the Authority. This section shall not preclude Dublin from installing signs. 8. NOTIFICATION OF USE OF SITE Authority agrees to notify Dublin at least fifteen (15) days in advance of using the Project ,site for composting workshops. Requests received less than fifteen days in advance may be approved at the sole discretion of the city Recreation Director. Requests to use the Community Center Building shall be in accordance with Dublin policies. 9. SITE CONDITION Except as provided in this Agreement no alteration shall be made to the vegetation, grounds, or facilities without express written consent from Dublin. 10. DURATION This Agreement shall remain in effect until either party exercises a right of termination in accordance with paragraph 18. At termination the Authority agrees to remove all composting bins, bulletin boards and to restore the site to the conditions which existed prior to the execution of Exhibit A by the County and Dublin. 11. HOLD HARMLESS AND INDEMNIFICATION (FOR AUTHORITY) Dublin shall indemnify and hold harmless the Authority, its officers, employees and agents from and against any and all loss, liability, expense, claim costs (including costs of defense), from suits and damages from every kind, nature and description directly or indirectly arising from the negligent or intentional acts, errors or omissions of Dublin in the performance of this Agreement and Dublin shall pay all claims, damages, judgment, legal costs, adjustors' fees and attorneys' fees related thereto. 2 . ~ . . 12. HOLD HARMLESS AND INDEMNIFICATION (FOR CITY) Authority shall indemnify and hold harmless Dublin, its officers, employees and agents from and against any and all loss, liability, expense, claim costs (including costs of defense), from suits and damages from every kind, nature and description directly or indirectly arising from the negligent or intentional acts, errors or omissions of the Authority in the performance of this Agreement and the Authority shall pay all claims, damages, judgment, legal costs, adjustors' fees and attorneys' fees related thereto. 13. INSURANCE Authority shall obtain all of the insurance coverage specified in this paragraph and shall maintain the same at all times during the life of this Agreement. At the time of execution of the Agreement the Authority shall cause to have filed with Dublin the original of an insurance policy, certificate, memo or rider certifying that the required coverage and endorsements are in effect. Coverage shall be as follows: a. Comprehensive General Liability and Automobile Liability: Bodily Injury: minimum $500,000 each person minimum $500,000 each accident Property Damage: minimum $100,000 each accident Coverage shall include contractual liability. b. Worker's Compensation and Employer Liability. The Authority shall provide thirty (30) days notice of cancellation or limitation on the above coverage or any change in carriers. 14. INDEPENDENT CONTRACTOR Except as Dublin may specify in writing, Authority shall have no authority express or implied to act on behalf of Dublin in any capacity whatsoever as an agent. No relationship of employer and employee is created by this Agreement. 15. COMPLIANCE WITH LAWS Authority shall comply with all applicable State and Federal laws. 16. ENTIRE AGREEMENT This Agreement, and the exhibits referenced or incorporated herein, constitute the entire agreement between the Authority and Dublin and supersede any and all prior written or oral understandings or representations regarding the subject matter of this Agreement. 3 . . . 17. DISPUTE MECHANISMS The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such dispute or claim, they shall submit it to nonbinding mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by the parties, or litigation may be pursued. In the event any of these dispute resolution processes are invoked, each party shall bear its own costs and attorneys fees. 18. TERMINATION Either party may terminate this Agreement with or without cause by providing forty five (45) days' notice, in writing, to the other party. Upon the expiration of said notice, this Agreement shall become of no further force or effect whatsoever and each of the parties hereto shall be relieved and discharged herefrom. The Authority may terminate this Agreement at any time without notice upon material breach of the terms of this Agreement and/or in the event that the Authority determines that Dublin's performance is substandard or unsatisfactory. 19. GOVERNING LAW This Agreement shall be 'administered and interpreted under the laws of the State of California and the regulations of Dublin. Jurisdiction of litigation arising from this Agreement shall be in California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. DISCRIMINATION Authority and Dublin agree that they will comply with Title VI~of the civil Rights Act of 1964 and that no person, on the grounds of race, creed, color, sex or national origin will be excluded from participation in or be denied the benefits of or otherwise will be subjected to discrimination in the performance of this Agreement. 21. ASSIGNMENT Neither party may assign or transfer any of its obligations under this Agreement. 22. SUBCONTRACTING with the consent of Dublin given in writing Authority is entitled to subcontract specified portions of the program set forth in this Agreement. 4. ,~ . . 23. TIME Time is of the essence of this Agreement. 24. AMENDMENTS No alteration or variation in the terms of this Agreement shall valid unless made in writing and signed by both parties. 25. TERMINATION OF AGREEMENT WITH COUNTY Dublin represents that it has given notice of termination to the County as specified in paragraph 1~ of Exhibit A. FOR ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY: By: Tom Martinsen, Executive Director Alameda county Waste Management Authority DATE APPROVED AS TO FORM: By: E. Clement Shute, Jr. Authority Counsel DATE FOR CITY OF DUBLIN: By: Peter W. Snyder, Mayor city of Dublin A'ITEST: City Clerk APPROVED AS TO FORM: DATE By: Elizabeth Silver, City Attorney City of Dublin DATE 205.acwma.kl 5.