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AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF SAN MATEO and SAN MATEO RESOURCE CONSERVATION DISTRICT FOR PROFESSIONAL CONSULTANT
SERVICES FOR COMPOST PROCUREMENT PROGRAM DEVELOPMENT
($73,216.26 [Original Agreement], $0 [Amendment No. 1], $90,839.54 [Amendment No. 2]) WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and San Mateo Resource Conservation District (“Consultant”), entered into an Agreement for Compost Procurement Program Development (“Agreement”) on July 26, 2022; and WHEREAS, on January 29, 2023, the City and Consultant executed Amendment No. 1 which included additional scope of services by Consultant; and WHEREAS, City and Consultant wish to amend the Agreement to increase the budget by $90,839.54, for a total Agreement amount of $164,055.80, to allow for additional scope of work, updated fees, and to extend the term of the Agreement as reflected in Exhibits A2 and B2, attached and incorporated by reference.
NOW, THEREFORE, the parties agree as follows:
1. Section 1 – Scope of Services of the Agreement is amended to read:
“The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A2 to this Agreement, attached and incorporated by reference.”
2. Section 4 – Term of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence on July 1, 2022 and be completed on May 1, 2026.
3. Section 5 – Payment of the Agreement is amended to read:
“Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A2, CITY agrees to pay CONSULTANT a fee in an amount of $164,055.80, pursuant to rates stated in Exhibit B2 to this Agreement, attached and incorporated by reference.
4. The remaining terms of the Agreement remain in full force and effect. 9 8
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IN WITNESS WHEREOF, CITY OF SAN MATEO and San Mateo Resource Conservation District have executed this Amendment No. 2 on .
CITY OF SAN MATEO CONSULTANT
Matt Fabry
Public Works Director
Kellyx Nelson
Executive Director
San Mateo Resource Conservation District
APPROVED AS TO FORM
Linh P. Nguyen
Assistant City Attorney
Attachments:
Exhibit A2 – Scope of Services
Exhibit B2 - Rates
Template Version November 16, 2016
Exhibit A2
Compost Broker Scope of Work
In consideration of the payments set forth in this agreement, San Mateo Resource Conservation District (Contractor) shall provide the following services:
Contractor shall develop and coordinate a compost procurement and application program that will assist the City of San Mateo meet its recovered organic waste product procurement requirements under CA Senate Bill 1383 (SB 1383). The program will consist of the following aspects:
1. Outreach & Technical Assistance:
o Contractor shall conduct outreach to agricultural producers or other organizations such as but not limited to farmers, ranchers, landowners, open space districts, nonprofits, and universities about the compost procurement and application program established under this agreement, benefits of compost use, and carbon farming. Contractor shall translate any material created to conduct outreach to Spanish, and Simplified Chinese as needed. o Contractor shall provide agricultural producers and other organizations with technical assistance to incorporate compost into their operations, such as soil sampling, identifying compost application rates, etc.
o Contractor shall provide agricultural producers with information for funding opportunities for compost application, such as CDFA’s Healthy Soils Program and NRCS’s farm bill programs.
2. Compost Procurement
o Contractor shall identify and recruit compost procurement and application projects for the compost procurement and application program established under this agreement that will help the City of San Mateo meet its SB 1383 recovered organic waste procurement requirements.
o Contractor shall cover up to 75% of compost/hauling/spreading costs or provide funding as cost-share for other funding sources (whichever is less). If the program is oversubscribed, Contractor shall develop a system for equitable distribution of compost or ranking system to identify projects.
o Contractor shall track procurement credits attributed to the City of San Mateo , and where necessary, shall ensure that a signed agreement between City of San Mateo and project owner/compost recipient is in place prior to the purchase of compost. This shall be done in order for the City of San Mateo to claim SB 1383 procurement credit for procured compost in instances where the Contractor is not directly purchasing compost procured under this agreement.
o Contractor shall procure high-quality compost that is eligible to count towards the City of San Mateo’s SB 1383 procurement target as described in the CA Senate Bill 1383 regulations.
3. Record Keeping & Reporting
o Contractor shall keep documentation proving that SB 1383 procurement credit attributed to the City of San Mateo under this agreement is solely for the use of the City of San Mateo and not claimed by any other entity or jurisdiction for their SB 1383 reporting. o Contractor shall collect a release of liability waiver from all individuals who receive compost through the compost procurement and application program established under this agreement. Contractor shall provide all signed waivers to City of San Mateo upon request.
o Contractor shall collect a photo release form from all individuals who receive compost through the compost procurement and application program established under this agreement allowing the City of San Mateo to use photos taken under this agreement in Template Version November 16, 2016
public presentations, reports, or other outreach. Contractor shall provide all signed forms to the City of San Mateo upon request.
o Contractor shall take pictures and/or videos of compost application projects. o Contractor shall calculate the net carbon sequestration associated with this agreement and attributed to the City of San Mateo.
o Contractor shall provide the City of San Mateo with all procurement records associated with this agreement and required for the City of San Mateo’s SB 1383 recycled organic waste procurement compliance recordkeeping and reporting.
4. Scaling Compost Procurement Opportunities
o Contractor shall identify equipment and infrastructure necessary to increase compost use amongst agricultural producers in San Mateo County, provide cost estimates, and, if deemed necessary by the Contractor, design an equipment sharing program. o Contractor shall explore innovative strategies for the jurisdictions within San Mateo County to provide ongoing funding for this program beyond the term of the CalRecycle SB 1383 local assistance grant.
5. Administration
o Contractor shall submit invoices quarterly. The City of San Mateo will receive 12.923 of the SB 1383 procurement credits associated with the contractor’s compost procurement and application program, and therefore will be responsible for $164,055.80 which is
12.923% of the total project cost of $1,269,470.88.
o Each quarterly invoice shall be accompanied by a progress report, which shall include updates on the Contractor’s outreach, technical assistance, and compost procurement and application efforts completed during the reporting period. The progress report may also include images of compost application projects for the jurisdiction to use in public reports, presentations, or other outreach.
o Contractor shall submit a final report by March 1, 2026 summarizing all outreach, technical assistance, and compost procurement and application efforts completed through this agreement; all costs associated with the project; the SB 1383 procurement and carbon sequestration credit accredited to the City of San Mateo; and a summary of the needs, strategies, opportunities identified in Task 4, and any other relevant information.
6. Procurement Only Subcontractors
o The City of San Mateo expressly authorizes Contractor to subcontract with farmers, ranchers, nonprofits, and other organization to procure compost for application on land they own or manage (“Procurement Only Subcontractors”) in order to meet the Contractor’s requirements under this agreement and facilitate the City of San Mateo’s compliance with its recovered organic waste product procurement requirements under SB 1383. Contractor shall require Procurement Only Subcontractors to provide an executed release of liability form and executed photo release form prior to procuring any compost on Contractor’s behalf. Contractor shall require all Procurement Only Subcontractors to provide Contractor with all procurement records associated with Procurement Only Subcontractor’s compost procurement required for the City of San Mateo’s SB 1383 recycled organic waste procurement compliances recordkeeping and reporting. Under no circumstances shall Contractor obligate the City of San Mateo’s to any financial obligation beyond the do not exceed amount for this agreement through subcontracting.
7. Additional Projects
o Contractor shall identify projects that help the City of San Mateo meet its SB 1383 recovered organic waste procurement requirements beyond compost procurement and application such as mulch procurement and application, composted mulch procurement and application, and/or other projects that help a jurisdiction to meet its procurement target. With written prior approval from the City of San Mateo and Template Version November 16, 2016
agreement from Contractor, Contractor shall carry out identified projects for this program if the cost of a project is comparable or less than compost application projects. Contractor shall collect a release of liability waiver and procurement records the City of San Mateo requires for its SB 1383 procurement compliance from all individuals or organization who receive any material through the program established under this agreement.
Template Version November 16, 2016
Exhibit B2
Rates
Position Title/Description Staff Name Salary &
Fringe Per
Hour
Administrative Officer Lau Hodges $116
Biologist Cleopatra Tuday $101
Senior Conservation Program Manager Amy Kaeser $100
Conservation Program Manager Timothy Federal $90
Conservation Program Manager Eliza Milio $94
Conservation Program Specialist Sara Polgar $76
Conservation Project Coordinator Maaya Hensman $55
Senior Conservation Project Manager Kasey Butler $81
Forest Ecologist David Cowman $82
Conservation Project Manager Christina Kelleher $77
Conservation Project Manager Caileen Viehweg $73
Conservation Project Manager Doug Millar $74
Conservation Project Manager Eddie Sanchez $73
Senior Conservation Project Manager Grace Allen $73
Conservation Project Manager Erica Harris $82
Senior Conservation Project Manager Stephanie
MacDonald
$82
Conservation Project Manager Jeff Raifsnider $72
Director of Advancement Adria Arko $116
Director of Stewardship Joe Issel $137
Engagement Officer Barb Kipreos $94
Executive Director Kellyx Nelson $160
Santa Cruz Mountains Stewardship Network Manager Dylan Skybrook $90 Director of Water Resources Jarrad Fisher $133
Senior Conservation Technician Andrew Hall $82
Water Quality Program Manger Noah Katz $94
Conservation Project Associate Ainé Javier $52
Administrative Assistant Cesar Aguilar $56
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Conservation Project Manager Ryan Silsbee $73