HomeMy WebLinkAboutMINUTES - 05201997 - C65 TO: BOARD OF SUPERVISORS Contra-
FROM: HARVEY BRAGDON Costa OF COMMUNITY DEVELOPMENT County�^
DATE: MAY 20, 1997 VlJ
SUBJECT: AUTHORIZE THE GMEDA TO ENTER A CONTRACT TO PROVIDE COMPOST WORKSHOPS
IN THE CENTRAL AND EAST PORTIONS OF THE UNINCORPORATED COUNTY
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
AUTHORIZE the Director of GMEDA or his designee to sign the "Agreement for the
Professional Consulting Services of Todd Sutton and EBC & Associates for Home
Composting Workshops".
FINANCIAL IMPACT
None to the County General Fund. Cost of services is paid out of Solid Waste Franchise
Fees.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Cities of Antioch, Concord, Pittsburg, Martinez and Pleasant Hill and the County have
contracted with Todd Sutton and EBC & Associates in past years to provide for Home
Composting Workshops.
The County has provided the workshop only in the East County in prior years. The four
workshops this year will include one in the Mountain View or Pacheco area and three in
the East County. The cost of each workshop is $175 with a total cost of$700. The County
and each city will provide funds to the City of Concord which will then process payments
to the consultant. 0
The County provides staff and publicity for the workshops and makes compost bins
available at the lowest price available. Members of the consortium are able to obtain
slightly lower than normal prices based on the larger quantity purchases made possible
by purchasing as a group.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON a ZUZ APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AND
AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Mary Fleming (510) 335-1230
cc: Community Development Department(CDD) ATTESTED
PHIL BAfCHELOR,CLERK OF THE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
BY: DEPUTY
MF:rw
J:\Groups.....compost.7bo
AGREEMENT FOR THE PROFESSIONAL
CONSULTING SERVICES OF TODD SUTTON
AND EBC & ASSOCIATES FOR
HOME COMPOSTING WORKSHOPS
PROFESSIONAL SERVICES AGREEMENT,made this day of , 1997,
between the City of Antioch ("Antioch"), the City of Concord ("Concord"), the City of Pittsburg
("Pittsburg"), the City of Martinez ("Martinez"), the City of Pleasant Hill ("Pleasant Hill"),
Contra Costa County ("County"), and Todd Sutton and EBC & Associates ("Consultants"), P.O.
Box 103, Martinez, CA 94553.
Antioch, Concord,Pittsburg,Martinez,Pleasant Hill, and the County ("the Clients") and the
Consultants agree:
SECTION 1. PURPOSE OF AGREEMENT. The Clients desire to seek professional
services for purposes of presenting a series of workshops on backyard composting.
SECTION 2. PERFORMANCE BY CONSULTANT.
A. The consultants shall undertake and prosecute the work diligently to conclusion, using that
standard of care, skill and diligence normally provided by a professional person in the
performance of such consulting services in respect to work similar to that hereunder. Services
shall be performed by Consultants' staff as noted in the attached Proposal (Attachment "A"). The
Consultant shall not lessen the scope of work without prior written approval from the Clients.
B. The Consultants shall:
1. Commence work immediately after: Consultants' receipt of a written notice to proceed
from the Clients.
2. The Consultants shall perform any and all work needed to complete other tasks
outlined in the Proposal to the satisfaction of the Clients.
3. The Consultants shall complete the work mutually agreed upon by December of 1997
or soon after as agreed to by Clients and Consultants. A schedule of workshop dates
is shown in Attachment "B". The dates may be modified at any time by joint
agreement between the Clients and Consultants; however, the total number of
workshops and the number of workshops per Client shall remain the same (Sections
9 and 10 not withstanding).
SECTION 3. COLLECTION OF DATA. Except as specifically outlined in the attached
proposal, the clients will not perform analysis, collect or gather any information not presently in
the Clients' possession, or provide materials for the workshops. Clients will promote and
advertise the workshops, accept reservations, provide a suitable place for the workshop and
provide handouts for the workshop. A staff person representing the Clients will be in attendance
at each workshop for questions and assistance as needed. The veracity, accuracy and sufficiency
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of any and all information provided by the Consultants shall be the responsibility of the
Consultants and not the Clients. The Consultants will provide master copies to the Clients for
purposes of making handouts for the workshops. The Clients shall be considered the principal
manager of the tasks, as such they shall maintain the ultimate authority over the content and
format of any of the workshops.
SECTION 4. SUB-CONTRACTORS.
A. The Consultants shall act as an independent contractor in providing the services described
in this agreement. The Consultants shall furnish their services in their own manner and method
and in no respect be considered an agent or employee of the Clients.
B. None of the services covered by this agreement shall be sub-contracted without the prior
written consent of the Clients. The Consultants shall be fully responsible to the Clients for the
acts and omissions of his sub-contractors, and of persons either directly or indirectly employed
by them, as he is for the acts and omissions of persons directly employed by him. The
Consultants shall incorporate this agreement into all sub-contractor agreements so as to bind the
sub-contractor to the same type and level of performance as is required herein of the Consultants.
SECTION 5. ADDITIONAL SERVICES. In addition to the on-going services described
herein, the Clients may agree in writing during the term of this agreement, that the Consultants
shall perform additional services found to be necessary. Such additional services shall not be
undertaken by the Consultant until there is an agreement between the Clients and the Consultants
as to the scope of the services and the cost to perform said services, and the Consultants have
received written authorization to proceed from the Clients.
SECTION 6. PAYMENT.
A.._ In consideration of the Consultants' performance of the work under this Agreement, the
Clients shall pay the Consultants in installments after the completion of the workshops in the
amount of $175 per workshop. The Consultants shall submit a maximum of one invoice per
month to Concord for payment. Provided that Concord has received suitable verification that the
workshops were performed in accordance with this contract,Concord will process payment within
30 days of receiving the invoices. Total compensation for this contract shall not exceed $4,200.
B. Upon execution of this contract by the Clients, the City of Concord, the City of Antioch,
the City of Pittsburg, the City of Martinez, the City of Pleasant Hill and the County shall each
deposit $700 into a fund to be held by the City of Concord specifically for payment on the
contract. Concord will be responsible for all payments and billing.
SECTION 7. ACCESS TO RECORDS. During the term of this contract and for a period
of three years after its termination, the Clients, or duly authorized representatives, shall have
access to any books, documents,papers and records of the Consultants and of any sub-contractor
of Consultants, which are directly pertinent to this contract for the purpose of making audit,
examination, excerpts and transcriptions. The Consultants shall require any of their sub-
contractors under this contract to comply with this provision.
SECTION 8. INDEMNIFICATION. The Consultants and their sub-contractors shall
defend, indemnify and hold harmless the clients and their respective officials, employees and
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agents from all claims, demands, actions, losses, damages, injuries and liability direct or indirect
(including any and all costs and expenses in connection therein) arising out of negligence or
willful misconduct of the Consultant or any person employed by the Consultant in the
performance of this Agreement.
SECTION 9: INSURANCE. The Consultants shall maintain in effect throughout the term of
this Agreement, a commercial general liability insurance policy in an amount not less than $1
million per occurrence for bodily injury, personal injury and property damage. Such insurance
shall name each public entity Client as a named additional insured. The Consultants shall also
maintain workers' compensation insurance as may be required by law. The Consultants shall
provide proof of insurance required by this section to Concord, and Concord shall circulate such
proof to the remaining Clients for their review and approval. Clients acknowledge that
Contractor does not carry errors and omissions insurance. All policies shall provide for thirty
days' written notice to Clients before cancellation for any reason, and shall be endorsed with a
statement stating the insurer waives all rights of subrogation against the Clients.
SECTION 10: LITIGATION EXPENSES AND ATTORNEYS' FEES. If either party to this
Agreement commences any legal action against the other party arising out of this Agreement,
the prevailing party shall be entitled to recover its reasonable litigation expenses, including
court costs, expert witness fees, discovery expenses, and attorneys' fees.
SECTION 11: ASSIGNMENT AND SUBCONTRACTION. The parties recognize that a
substantial inducement to Clients for entering into this Agreement is the professional
reputation, experience and competence of Consultant. Assignments of any or all rights, duties
or obligations of the Consultant under this Agreement will be permitted only with the express
consent of the Clients. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of the Clients. If Clients
consents to such subcontract, Consultant shall be fully responsible to Clients for all acts or
omissions of the subcontractor. Nothing in this Agreement shall create any contractual
relationship between Clients and subcontractor nor shall it create any obligation on the part of
the Clients to pay or to see to the payment of any monies due to any such subcontractor other
than as otherwise is required by law.
SECTION 12. TERMINATION. This contract shall terminate upon completion of the
seminars (which will tentatively occur on December 31, 1997). This agreement may be
terminated at any time either by joint consensus of all the Clients or by the Consultants
following five days' written notice of intention to terminate; thereafter, the Clients shall be
liable to the consultants only for those fees and costs earned by Consultants to the date of
termination and which shall be substantiated by an itemized, written statement certified by the
Clients and submitted to the City of Concord by the Consultants. The Clients' rights of
termination shall be in addition to all other remedies available under law to the Clients.
SECTION 13. WITHDRAWAL. This agreement need not be terminated if any of the
Clients individually wishes to withdraw from the agreement. In that case, any monies not
already spent on seminars directly benefitting that Client will be returned to that Client by the
City of Concord. If Concord withdraws from the agreement, the responsibility for billing and
payment will transfer to one of the remaining clients. Withdrawal from the agreement
requires ten (10) working days written notice to the remaining Clients and the Consultant,
provided that it is at least ten (10) working days to the next workshop scheduled for that
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jurisdiction.
SECTION 14. CANCELLATION. If during the course of this contract, a Client
requires cancellation of a workshop, Client must notify the Consultant and Concord at least
14 calendar days prior to the scheduled date of the workshop to avoid a charge. If the Client
fails to inform the Consultant and Concord 14 calendar days in advance of the workshop date,
Concord will pay Consultant $75 of that client's Money.
SECTION 15. MODIFICATION. Modification of this agreement may be made at any
time by joint, written consensus of the Clients and the Consultants.
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Dated the day and date first above written.
CONSULTANTS
BART CARR FOR EBC & ASSOCIATES & TODD SUTTON
CITY OF ANTIOCH: '
DAVID D. ROWLANDS, CITY MANAGER
CITY OF CO RD:
EDWARD K. JAMES CITY AGER
CITY OF PITTSBURG:
JEFF LIN, CITY MANAGER
CITY OF Z:
R6NXLD E. PETE SON, CITY MANAGER
1 - OF P49 -SANT HILL:
J(IS'EPH M. TANNER, CITY MANAGER
CONTRA COSTA COUNTY:
VALENTIN ALEXEEFF, DIRECTOR OF GROWTH MANAGEMENT
AND ECONOMIC DEVELOPMENT AGENCY
APPROVED AS TO FORM:
DEBRA S. MARGOLIS, ITY OF PLEASANT HILL,
CITY ATTORNEY
Attachments: "A" Proposal from EBC & Associates
"B" Time Schedule
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Attachment "A"
Recognition of Purpose
The Cities of Antioch, Concord, Pittsburg, Martinez, Pleasant Hill and Contra Costa County
have decided to initiate a cooperative backyard composting education program. This program
will be an active component of regional waste prevention efforts either underway or planned
for by these jurisdictions.
These Cities and County desire a program that effectively instructs the principles and
practices of backyard composting and does so in a manner that is easily understandable by
program participants.
These Cities and County also desire a program that is cost-efficient.
In recognizing this statement of purpose, as outlined in the issued request for proposals, this
proposal will develop how the backyard composting education program, developed and
operated jointly by E. Bartlett Carr and Associates and Mr. Todd Sutton, will satisfy all
requirements.
Program Scope
The program scope of services described here will discuss curriculum development, conduct
of workshops, and development of informational handouts for use during conduct of
workshops.
Workshop Curriculum
The workshop curriculum seeks to develop participants' understanding of composting in three
ways. First, it will identify and explain the reasons why it is important to compost. They are
to reduce and waste and naturally produce an effective soil conditioner. This discussion will
also develop and dispel some common "myths" that prevent many residents from adopting
this important practice. Second, the curriculum will explain the basic principles of
composting. Using simple language, the process of composting will be explained, centering
attention on the important macro- and micro-organisms that accomplish all the work of
composting. Finally, the steps for building and maintaining a compost system will be
described in detail. Enlarged and laminated information boards will be used in conjunction
with handouts to graphically portray what is described.
Nothing is as effective as allowing workshop participants to gain hands-on experience in
creating their own backyard composting system. For this reason, each workshop will include
a hands-on pile building exercise where volunteers help build a system, using the ingredient-
layering method. Once built, this demonstration system will be used to instruct system
maintenance to participants.
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Static Displays
To help workshop participants understand the variety of compost bins that can be built or
purchased, a static display of three bins will be set up, displayed, and explained. The display
will include one manufactured plastic bin, such as the Smith and Hawken Biostack, and
homemade wire hoop and wood frame/wire mesh bins. The static display will also include a
working worm box composter manufactured and available from a local vendor.
In addition to the bin display, compost accessories such as the turning fork, turning tool,
ventilation tubing, thermometer and screens will be presented and explained.
Workshop Handouts
Workshop handouts are a critical tool in helping participants comprehend what is being
explained. Once more, they are retained and can be used by the participant once he or she
goes home and begins their own compost system. Our workshop will use a handout packet
which includes:
• Drawings, charts and lists which explain the process of composting and methods to build
and maintain a system. This will minimize the need for participants to "rush" note
taking and miss important information. It also permits instruction outdoors where slide
projection would not be possible.
• "Your Guide to Simple and Easy Home Composting!" A one-page explanation of the
process of building and maintaining a system.
A "Material Resource Guide" that identifies common compostable items around the
home and explains how to use them.
A worm composting brochure explaining the value and how-to of worm composting.
• A "Compost Bin and Accessories List" that identifies locally available bins and other
helpful accessories. Vendors, addresses, telephone numbers and unit prices are included.
• A "Reference Resource List" is provided that lists reference material that may be
available in local libraries or can be purchased from local nurseries or bookstores. In
addition the Martinez and Central San/Walnut Creek/San Ramon Program "Hot-Line"
phone numbers are provided in case of further informational needs.
Program Instructors
Todd Sutton
Associate Instructor for the Martinez and Central San/Walnut Creek/San Ramon Programs.
Conducts independent presentations on Backyard and Worm Box Composting for the County
Agricultural Extension, Alameda Home Composting Program and garden clubs and youth
groups throughout the area.
Mr. Sutton will assist in curriculum development and carry primary responsibility to manage
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and coordinate instruction of the program.
Bart Carr
Principal Instructor of the Martinez and Central San/Walnut Creek/San Ramon Programs.
Mr. Carr will be responsible for development of curriculum, slide presentation and handout
packet for this program.
In addition to Mr. Carr and Mr. Sutton, an additional instructor(s) will be retained to help
provide instruction. These individuals will be previously trained in all aspects of composting
and proficient in gardening and plant care before joining this program.
This instructor(s) will be subject to approval by representatives of all participating
jurisdictions before officially joining the program.
Program Budget
This home composting program is presented as an "off the shelf' product. Aside from an
opportunity for minor modifications based on your comments and requests, the curriculum
and supporting actions and materials will be used as presented within this proposal.
Reoccurring Costs/Responsibilities Carried by the Host Jurisdictions
Promotional costs
• Accepting/recording workshop reservations
• Securing/preparing workshop instruction area/having staff present to facilitate workshops
• Handout reproductions
Total Program costs, excluding reoccurring costs/responsibilities carried by hosts sites are:
Twenty-four Workshops per year - $4,200.00
For additional information concerning this proposal or any aspect of the proposed program,
please call Bart Carr at (510) 299-1522.
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Attachment "B"
Compost Consortium Workshop Schedule - 1997
Date Jurisdiction Time
March 12 Pleasant Hill 7-9 p.m. (Wed)
March 29 Martinez 9-11 a.m.
March 29 Pittsburg 9-11 a.m.
April 12 Concord 9-11 a.m.
April 17 Pleasant Hill 7-9 p.m. (Thurs)
April 19 Contra Costa County 9-11 a.m.
April 26 Antioch 9-11 a.m.
May 17 Concord 9-11 a.m.
May 20 Martinez 7-9 p.m. (Tues)
May 31 Contra Costa County 9-11 a.m.
June 21 Antioch 9-11 a.m.
July 23 Contra Costa County 7-9 p.m. (Wed)
September 3 Pittsburg 7-9 p.m. (Wed)
September 6 Antioch 9-11 a.m.
September 13 Martinez 9-11 a.m.
September 20 Concord 9-11 a.m.
September 27 Contra Costa County 9-11 a.m.
October 4 Martinez 9-11 a.m.
October 4 Pittsburg 1-5 p.m.
October 18 Antioch 9-11 a.m.
October 23 Pleasant Hill 7-9 p.m. (Thurs)
November 1 Pittsburg 9-11 a.m.
November 8 Concord 9-11 a.m.
November 12 Pleasant Hill 7-9 p.m. (Wed)
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