Contract Amendment Page 1 of 6
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6 AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND
THE TUOLUMNE COUNTY RESOURCE CONSERVATION DISTRICT FOR
SB 1383 RECYCLED ORGANICS PROCUREMENT SERVICES FOR THE SB 1383 ANNUAL RECYCLED
ORGANICS PROCUREMENT TARGET
($3,600 [Original Amount], $100,000 [Amendment No. 1])
This Amendment is made and entered into this day of ___________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and the Tuolumne County Resource Conservation District ("CONTRACTOR").
WHEREAS, on August 20, 2024, CITY and CONTRACTOR entered into an agreement for SB 1383 procurement services; and
WHEREAS, CITY and CONTRACTOR wish to amend the Agreement to increase the scope of work, allow for one-year extensions, allow assignment, and increase the compensation in an amount not to exceed $100,000, for a total compensation amount not to exceed $103,600.
NOW, THEREFORE, the Parties agree as follows:
1. Section 4, “Term,” of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence on September 2, 2024, and be completed on June 30, 2025, with up to three (3) optional one-year extensions by the CITY. The term of this Agreement may be extended by written amendment executed by the City Manager and a duly authorized representative of the CONTRACTOR.”
2. 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 A, CITY agrees to pay CONTRACTOR a fee in an amount not to exceed $103,600, pursuant to rates stated in Exhibit B, attached and incorporated by reference. For each one-year extension option exercised by the CITY, the CITY agrees to pay CONSULTANT a fee in an amount not to exceed $100,000.”
Contract Amendment Page 2 of 6
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6 3. Section 13, “Nonassignability,” of the Agreement is amended to read:
“Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY.
Notwithstanding the above, the CITY hereby consents to the subcontracting of services for the purposes of procurement, delivery, or application of SB 1383 compliant compost pursuant to Exhibit A.”
4. Exhibit A, “Scope of Services,” of the Agreement is hereby replaced in its entirety with the attached Exhibit A, incorporated by reference.
5. Exhibit B, “Payment Rates,” of the Agreement is hereby replaced in its entirety with the attached Exhibit B, incorporated by reference.
6. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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6 IN WITNESS WHEREOF, CITY OF SAN MATEO and the Tuolumne County Resource Conservation District have executed this Amendment No. 1 on ___________________.
CITY OF SAN MATEO CONTRACTOR
Alex Khojikian
City Manager
Date Lindsay Mattos
Its Authorized Agent
District Manager
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.
Date
APPROVED AS TO FORM ADDITIONAL CORPORATE
OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Tricia Peller
Administrator
Date
Contract Amendment Page 4 of 6
CAO Approved June 2024
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6 EXHIBIT A
SCOPE OF SERVICES
In consideration of the payments set forth in this agreement, Contractor shall provide the following services:
Compost Procurement
oContractor shall coordinate a compost procurement, delivery, 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). oContractor shall act as a direct service provider to the City of San Mateo consistent with SB 1383 regulations.
oContractor shall identify and recruit compost procurement and application projects that will help the City of San Mateo meet its SB 1383 recovered organic waste procurement requirements.
oContractor shall procure high-quality SB 1383 compliant 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.
Record Keeping & Reporting
oContractor 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.
oContractor 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.
oContractor shall collect a photo release form from all individuals who are photographed and 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 public presentations, reports, or other outreach. Contractor shall provide all signed forms to the City of San Mateo upon request. oContractor 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 recovered organic waste procurement compliance recordkeeping and reporting upon request.
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6 Administration
oContractor shall submit invoices quarterly.
oEach 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.
oContractor shall submit a final report by June 30, 2025, 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 volume/weight (in tons) accredited to the City of San Mateo, and any other relevant information.
Subcontractors
oThe 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 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. Under no circumstances shall Contractor obligate the City of San Mateo to any financial obligation beyond the do not exceed amount for this agreement through subcontracting.
Additional Projects
oContractor 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 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.
Contract Amendment Page 6 of 6
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6 EXHIBIT B
PAYMENT RATES
Compost procurement, delivery, and application not to exceed $60/ton.