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HomeMy WebLinkAboutItem 8.2 Home Composting Education Site CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 11 , 1991 SUBJECT: Agreement to Install a Home Composting Education Site - Shannon Park (Prepared by: Paul S. Rankin, Assistant City Manager) EXHIBITS ATTACHED: Resolution Approving Agreement RECOMMENDATION: 1 L Adopt Resolution. FINANCIAL STATEMENT: The project cost will be paid for by Alameda County Vector Control, operating under a grant from the Alameda County Waste Management Authority. DESCRIPTION: At the City Council meeting on September 10, 1990, the City Council granted conceptual approval of development of a Compost Education Site at Shannon Park. Staff was directed to work with County representatives to develop an agreement and site layout. The City is currently working with Consultants from the Alameda County Waste Management Authority, to conduct studies and develop a plan for reducing the amount of solid waste generated in the City. As required by State Law (AB 939) , the City must achieve reductions of 25% by 1995 and 50% by 2000. If homeowners would compost yard waste, this is one method of reducing the amount of solid waste placed in the landfill. The proposed project is being administered by Alameda County Vector Control, which is a division of the Health Department. This helps to assure that the composting is undertaken in a way which would not attract rats or create other health related nuisances. The site will not be available for residents to discard waste. Instead, it will show them how to properly create a home composting facility and will also demonstrate potential uses for the compost material. The County will obtain the necessary compostable waste from the City Public Works Department or other sources. County Staff supports the proposed location since it is ideally suited for educational purposes. The central location coupled with the Community Center provide flexibility in the design of seminars offered. Staff has developed an agreement which allows the County to install the improvements necessary. In addition to compost bins, there will be a kiosk which can be used to explain the compost process. The County would maintain the demonstration site and would conduct all workshops at the location. They would also install raised planting beds to demonstrate the use of compost to grown various plants. In the event that the County elects not to continue the program, the City would have the option of retaining the improvements, or requiring the site to be returned to its original condition. The proposed location of the site will be adjacent to the area designated in the Shannon Park Master Plan as a Demonstration Garden Area. The Garden Area was not developed with the recent Park renovation. This project would complement the future development of the Garden Area. The Exhibits attached to the proposed agreement identify the scope of the project and its proposed location. -------------------------------------------------------------------------- COPIES TO: Mike Aldridge, Alameda County Vector Control Steve Loweree, M aintenance Superintendent &-�i& 6 ITEM NO. 60 - Z7Z(9 At this time, it is not anticipated that the City would incur any costs. However, the City may elect to make additional improvements at its option to the area. One possibility would be the installation of trees or shrubs in the lawn area east of the proposed site. This would visually screen the compost area from views looking from the West Room and the new patio adjacent to this room. Another area which may be addressed would be the installation of benches in the project area. Currently, the County has elected to exclude benches from all sites due to limited funding. Staff has suggested to the County that if benches are added, they should be the same style as those installed in the park. This may be an improvement which the City adds at a future date. It is anticipated that the cost of these improvements could be handled as a part of the regular operating budget. Also, County Staff have been cooperative and indicated a willingness to work with the City on these issues. For example, if screening plants were added, it may be possible for the County to install the plants purchased by the City. Staff believes that the overall goals of the program can be a benefit to the entire community. It is recommended that the City Council adopt the proposed resolution. a:s211comp.doc.agenda RESOLUTION NO. - 91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *************************** APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND ALAMEDA COUNTY PROVIDING FOR A COMPOST EDUCATION PROJECT WHEREAS, the Alameda County Health Care Services Agency has obtained grant funding to develop and operate demonstration compost projects; and WHEREAS, Shannon Park in the City of Dublin has been selected as a location for this project; and WHEREAS, the encouragement of home composting will assist the City in meeting state mandated goals to reduce the amount of solid waste placed in the landfill; and WHEREAS, in order to protect the public health, it is important that the public be informed of the proper way to handle composting waste; and WHEREAS, the joint cooperation between the City and the County is a cost effective method of implementing this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement between Alameda County and the City of Dublin, attached hereto, and by reference made a part hereof. BE IT FURTHER RESOLVED that the Mayor is authorized to execute said agreement and Staff is directed to take the necessary steps to implement the project. PASSED, APPROVED AND ADOPTED this 11th day of February, 1991 . AYES : NOES : ABSENT: Mayor ATTEST: City Clerk a:resocomp.doc.agenda 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 , 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 the terms of this Agreement to enter upon CITY property known as Shannon Park located at 11600 Shannon Avenue, Dublin, California. The location of the "Project Site" within Shannon Park shall be as is generally shown in Exhibit A - Site Plan, attached hereto and by reference made a part hereof. 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 - Site Plan 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 twenty (20) 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 Site 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 conditions 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 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 City 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 with 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: Bodily Injury: minimum $500, 000 each person minimum $500, 000 each accident Property Damage: minimum $100, 000 each accident b. Worker' s Compensation and Employer Liability C. Notice of Change in Coverage 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 COUNTY shall comply with all applicable CITY, State and Federal laws . 16 . ATTORNEY' S FEES 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 VII 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 transfer 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 within 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 thirty ( 30 ) 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. 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. FOR COUNTY OF ALAMEDA: David J. Kears, Agency Director DATE Health Care Services Agency APPROVED AS TO FORM: Kelvin H. Booty, Jr. , County Counsel DATE FOR CITY OF DUBLIN: Peter W. Snyder, Mayor DATE APPROVED AS TO FORM: Elizabeth Silver, City Attorney PSR/lss .compagre.doc.psr February 1 , 1991 5 1 t SHANNON n N CENTER �aSt 1 +' j . I Awl / 'W r t FOE snow rn kv -r'o or- - �Y 'rte t�t� � t�.l�-!� �--.�-•�-J, trot �['