HomeMy WebLinkAbout4.03 AlaCntyCompstng&ShannonCtr
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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~
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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
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EXHIBiT 1-
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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
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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
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15. COMPLIANCE WITH LAWS
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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