SGVCOG Regional Food Recovery Program
August 20, 2024
DATE: August 20, 2024
TO: Honorable Mayor and City Council
FROM: Paul Cranmer, Public Works Services Director
By: Janessa Kalanjian, Management Analyst
SUBJECT: MEMORANDUM OF AGREEMENT WITH THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS FOR CONTINUED PARTICIPATION IN
THE SAN GABRIEL VALLEY REGIONAL FOOD RECOVERY PROGRAM
CEQA: Not a Project
Recommendation: Approve
SUMMARY
Senate Bill 1383 ("SB 1383”) was passed to reduce greenhouse gas emissions, address food insecurity by diverting edible food away from landfills and recover edible food that is disposed of. Through regulations developed by the Department of Resources Recycling and Recovery (“CalRecycle”), the bill requires jurisdictions to develop programs that aid in diverting edible food from landfills and make it available as consumable food instead.
On October 3, 2023, the City Council authorized the City Manager to execute a Memorandum of Agreement (“MOA”) with the San Gabriel Valley Council of Governments ("SGVCOG”) for participation in the San Gabriel Valley Regional Food Recovery Program (“Program”). The Program has helped to facilitate and manage the food recovery requirements under SB 1383 through a regional approach. The initial agreement term is ending and a new MOA is needed for continued participation in the Program.
It is recommended that the City Council approve, authorize, and direct the City Manager to execute a Memorandum of Agreement with the San Gabriel Valley Council of Governments for continued participation in the San Gabirel Valley Regional Food Recovery Program.
BACKGROUND
In January 2021, CalRecycle finalized regulations associated with SB 1383, which requires the State to reduce organic waste disposal by 75% and increase edible food recovery by 20% , by 2025. To achieve the edible food recovery component, the regulations require collaboration between several parties. J urisdictions, businesses identified as edible food generators (“Generators”), such as grocery stores and large
SGVCOG Regional Food Recovery Program
August 20, 2024
event venues, and food recovery organizations/services ( “FRO/S”), such as food banks and donation centers, must collaborate on this effort.
Generators must arrange to recover the maximum amount of their edible food that would otherwise go to landfills; and establish contracts with FRO/S that will accept their edible food and keep records of all edible food donated. FRO/S that work with mandated edible food generators must also maintain and submit records of edible food recovery. To facilitate these efforts, the City of Arcadia is required to identify all Generators within its jurisdiction, provide outreach materials, identify and maintain contact information for local FRO/S, and assess the current food recovery capacity and plan for additional capacity, if needed. To ensure that all Generators are recovering edible food as mandated by SB 1383, the City must also have a program in place to inspect Generators for compliance, respond to any complaints made on a specific Generator, issue a Notice of Violation for non-compliance, and maintain records of all inspections and notices issued.
On October 3, 2023, to help the City and its businesses comply with these requirements, the City Council authorized participation in the San Gabriel Valley Regional Food Recovery Program. The SGVCOG developed the Program to combine local efforts and expand the food recovery efforts within the region. The Program serves as a collaborative effort in establishing a regional food recovery hub of local FRO/S ’s and a consolidated inspection process for Generators in participating agencies. Through a competitive Request for Proposal (“RFP”) process, and after careful review of qualifications, SCS Engineers ("Consultant”) was selected by the SGVCOG as the consultant to assist with the inspection process. As part of the program, SGVCOG provides full contract management with the Consultant including coordinating all communication and scheduling of inspections, providing the City with regular updates as well as inspection and violation reports.
The cost for participation in the Program was $55,964 and was fully funded through the SB 1383 Local Assistance Grant Program (“Grant”). In the first round of the Grant , the City of Arcadia had an individual grant agreement with CalRecycle and utilized part of these funds to pay the SGVCOG for Program services. CalRecycle expanded the Grant to include regional or joint powers applications, allowing SGVCOG to submit a regional application on behalf of the cities participating in the Program. Arcadia and several other participating cities designated SGVCOG as the administrator of their next round of funding, allowing for a streamlined approach to food recovery efforts. In this second round of the Grant, Arcadia received $110,454. Arcadia allocated $95,184 to the regional food program and $15,270 to support the C ommunity Compost Bin located at the Arcadia Public Library, another SB 1383 effort.
DISCUSSION
The City previously entered int o a MOA with SGVCOG for participation in the regional food program. Since the original agreement term has ended and given the changes to the grant administration, a new MOA is needed.
SGVCOG Regional Food Recovery Program
August 20, 2024
Under the new MOA, SGVCOG will provide the following continued services related to Edible Food Recovery efforts:
• Continued management of the Edible Food Recovery program including coordinating all communication, review of any draft documents, and all invoicing and payments to the consultant that assists with the inspection process. • Contract management with the consultant conducting inspections. • Identification of businesses that qualify as Edible Food Generators, annual inspections, follow-ups and Complaint Reviews, as needed. • Reports and updates on inspection progress, results, any complaint reviews and violation reports.
• Regular meetings to discuss regional progress, specific city progress, and updates to the Program.
• Coordinate regional outreach efforts and provide materials and workshops.
In addition, SGVCOG will provide the following:
• Full management of SB 1383 Local Assistance Grant funds including tracking funds use, document management, correspondence with CalRecycle and all reporting requirements.
• Provide the City with grant fund usage reports related to food recovery efforts.
Because SGVCOG is administering this round of funding, they have received the City’s full grant funds. As part of the agreement, the City will receive reimbursement of up to $15,270 from SGVCOG for activities related to the community compost bin. This includes a renewed agreement with FoodEd, the non-profit that oversees the community compost bin and provides related public outreach for the community. Reimbursements will be based on invoices provided by the City and will be paid within 30 days of receipt.
Since the original agreement term has ended, it is recommended that City Council authorize a Memorandum of Agreement between the City and SGVCOG for continued participation in the S an Gabriel Valley Regional Food Recovery Program, and for the management of the second round of SB 1383 Local Assistance Grant funding.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines , as it can be seen with certainty that it will have no impact on the environment.
SGVCOG Regional Food Recovery Program
August 20, 2024
FISCAL IMPACT
The costs for participating in the regional food recovery program are fully funded by SB 1383 Local Assistance Grant funds. In 2023, the City was awarded $110,454 in grant funds with $95,184 allocated toward food recovery and edible food recovery efforts
through the Program, and $15,270 allocated for the Community Compost Bin project and outreach. This funding is part of a regional grant application and will be administered by SGVCOG. The City will provide invoices for any compost bin related expenses and receive reimbursement from SGVCOG up to the $15,270 grant amount. All expenses related to the food recovery program will be handled by SGVCOG and reports of expenses will be provided to the City. No General Fund monies will be used for participation in this regional program.
RECOMMENDATION
It is recommended that the City Council determine that this action does not constitute a project under the California Environmental Quality Act (“CEQA”); and approve, authorize, and direct the City Manager to execute a Memorandum of Agreement with the S an Gabriel Valley Council of G overnments for continued participation in the San Gabirel Valley Regional Food Recovery Program.
Attachment: Memorandum of Agreement
1596561.1
MEMORANDUM OF AGREEMENT
BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS AND THE CITY OF ARCADIA FOR
PARTICIPATION IN THE SAN GABRIEL VALLEY REGIONAL FOOD
RECOVERY PROGRAM
This Memorandum of Agreement (“MOA”) is dated for identification purposes as of August 20, 2024 by and between the City of Arcadia, a municipal corporation (“City”), and the San Gabriel Valley Council of Governments, a California joint powers authority (“SGVCOG”). City and SGVCOG may be referred to herein collectively as the “Parties” or individually as a “Party.”
RECITALS:
A. The passage of SB 1383 (Lara, 2016) implemented statewide targets to reduce statewide disposal of organic waste and increase recovery of currently disposed edible food for human consumption. Specifically, SB 1383 aims to recover at least 20% of currently disposed edible food for human consumption by 2025. The California Department of Resources Recycling and Recovery (CalRecycle) has developed regulations entitled “Short-lived Climate Pollutants: Organic Waste Reductions” (hereafter “SLCP Regulations”), which regulations are codified at Chapter 12 of Division 7 of Title 14 of the California Code of Regulations, sections 18981.1 et seq. 1 B. To recover 20% of edible food that would otherwise be sent to landfills by 2025, SB 1383 requires local jurisdictions to establish food recovery programs and strengthen their existing food recovery networks.
C. The SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley by the member cities and other local governmental agencies and has established and is administering a Regional Food Recovery Program (the “Program”).
D. City and the SGVCOG previously entered into a Memorandum of Agreement (“Original MOA”) to provide Program services, wherein the SGVCOG coordinated such services and was reimbursed by the City. The SGVCOG is now the direct recipient of the OWR 4 CalRecycle 1383 Local Assistance Grant for Program services on behalf of the City. The City has expressed its desire to continue to receive such Program services, which will be funded by the SGVCOG.
E. City and SGVCOG desire to set forth the terms of their ongoing collaboration with respect to this effort in this MOA and further agree as follows:
I. RECITALS
The above Recitals are made a substantive part of this MOA.
1 All Section references herein are to Title 14 of the California Code of Regulations unless otherwise stated.
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II. TERM:
A. The term of this MOA shall commence on July 31, 2024 and shall continue through the completion of all work completed under this MOA. The term of this MOA may be extended by mutual written MOA of the Parties.
III. RESPONSIBILITIES OF THE PARTIES:
A. SGVCOG Responsibilities:
1. Manage and administer CalRecycle and consultant agreements to ensure successful implementation of the Program.
2. Manage the budget for the Program, which includes utilizing any surplus funds from the Original MOA to support Program implementation . Manage invoicing and payments to be made to consultants.
3. Provide a point-of-contact to serve as the SGVCOG’s Project Manager.
4. Respond to and address City questions regarding Program implementation.
5. Coordinate conference calls and/or meetings with City and consultant as necessary.
6. Hold joint city food recovery meetings to support information sharing.
7. Provide support to the selected regional food recovery hub(s) and the food recovery network.
8. Review submitted invoices from the City. Upon receipt of a proper invoice, reimburse the City up to a not to exceed amount of $15,270, as described in the budget attached in Attachment B (the “Project Budget”) for expenditures that are in compliance with the CalRecycle grant.
9. Provide payment to the City for eligible expenses within 30 days of approval of City’s invoice.
B. City Responsibilities:
1. Maintain membership in the SGVCOG during the entire term of the Program.
2. Designate a point-of-contact to serve as the City’s Project Manager to provide direction and support and manage the day- to-day coordination with the SGVCOG and consultants.
3. Respond to requests, provide data and information as requested, review materials, and provide input to the SGVCOG and its consultants to support the implementation of the Program.
4. Coordinate City resources as needed to facilitate implementation of the Program within the City.
5. Participate in scheduled monthly conference calls and/or meetings with the SGVCOG and consultants throughout the term of the Program.
6. Participate in monthly joint city food recovery meetings.
7. Review and provide comments to, as applicable, consultant or the SGVCOG, on deliverables as necessary. Approve within five (5) business days any deliverables that can be approved by staff or ten (10) business days any items that need to be approved by city attorney or city manager.
8. Provide feedback and elevate questions to the SGVCOG’s Project Manager
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on the implementation of the Program.
9. Comply with requirements of jurisdictions under SB 1383.
10. Expend funds on goods, equipment, and services consistent with the Scope of Work and Project Budget.
11. Submit detailed invoices to the SGVCOG in accordance with the Scope of Work and Project Budget. Reimburse the SGVCOG for payments the SGVCOG has made to the City for City expenditures that are later determined by the SGVCOG through an audit or otherwise, to be not in compliance with the Scope of Work or Project Budget.
II. INELIGIBLE EXPENSES:
A. Work within the Scope of Work and Project Budget but funded by another source.
B. Work or expenditures not completed during the term of this MOA, including work performed prior to the effective date of this MOA.
C. Any other activities or expenditures not set forth in Attachment A or Attachment B.
III. INVOICING:
A. City shall submit invoices for any eligible expenses on a quarterly basis . Grantee must provide all necessary documentation, including but not limited to timesheets, invoices, or receipts, as support for the invoice. City shall not invoice the SGVCOG for expenditures which require the SGVCOG’s pre-approval and such pre-approval was not obtained.
IV. AMENDMENTS:
A. For any change which materially affects the project scope of work, or in any way modifies any term or condition included under this MOA, an amendment to the MOA shall be prepared and executed by the City and by the SGVCOG for such change to be effective.
B. Minor changes to the p roject scope of work or budget may be approved by the SGVCOG’s Project Manager, who shall in writing and in his or her reasonable discretion determine whether the change is minor. Any increase in the not to exceed amount of this MOA shall require an amendment.
IV. PROJECT MANAGEMENT:
A. For the purposes of this MOA, SGVCOG designates the following individual as its Project Manager : Mackenzie Bolger, Principal Management Analyst, whose contact information is set forth below.
1596561.1
B. For the purposes of this MOA, the City designates the following individual as its representative: Briget Arndell, Environmental Services Manager , whose contact information is set forth below.
C. Either Party may change the designations set forth herein upon written notice to the other Party.
V. DEFAULT; REMEDIES:
A. Default. A “Default” under this MO A is defined as any one or more of the following: (i) failure of either Party to comply with the terms and conditions contained in this MO A; and/or (ii) failure of either Party to perform its obligations set forth herein satisfactorily or make sufficient progress towards completion of the Regional Food Recovery Program.
B. Remedies. In the event of a Default by either Party, the non- defaulting Party will provide a written notice of such Default and thirty (30) days to cure the Default. In the event that the defaulting Party fails to cure the Default or commit to cure the Default and commence the same within such 30-day period and to the satisfaction of the non-defaulting Party, the non-defaulting Party may terminate this MOA. Such termination shall be effective immediately upon the provision of written notice by the non- defaulting Party to the default ing Party. The remedies described herein are non-exclusive. In the event of a Default by either Party, the non-defaulting Party shall have the right to seek any and all remedies available at law or in equity.
V. INDEMNIFICATION:
A. City agrees to defend, indemnify, and hold free and harmless the SGVCOG, its member agencies, and their respective elected and appointed boards, officials, officers, agents, employees, and volunteers, at City ’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the SGVCOG, its member agencies, and their respective elected and appointed boards, officials, officers, agents, employees, and volunteers aris ing out of or relating to the acts or omissions of City in connection with this MOA.
B. SGVCOG agrees to defend, indemnify, and hold free and harmless the City, its employees, and volunteers, at SGVCOG’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the City, its employees, and volunteers arising out of or relating to the acts or omissions of SGVCOG in connection with this MOA.
VII. INSURANCE:
A. City and SGVCOG shall maintain and keep in full force and effect during the term of this MOA insurance or a program of self -insurance against claims for injuries to persons or damages to property which may arise in connection with
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City’s or SGVCOG’s performance of its obligations hereunder.
VIII. OTHER TERMS AND CONDITIONS:
A. Notices. All notices required herein shall be sent by email, except for a notice of termination, default, or failure to cure, which shall be sent by certified mail, postage pre-paid, return receipt requested. Either Party may change its Project Manager or contact upon written notice to the other Party and shall promptly update the other Party in writing of any such changes.
To SGVCOG:
Mackenzie Bolger
Principal Management Analyst
1333 S. Mayflower Ave., Suite 360
Monrovia, CA 91016
(626) 214-1316
[email protected]
with a copy to: Marisa Creter
Executive Director
1333 S. Mayflower Ave., Suite 360
Monrovia, CA 91016
To City: Briget Arndell
Environmental Services Manager
11800 Goldring Road
Arcadia, CA 91006
(626) 254-2705
[email protected]
B. No Partnership. This MOA is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the MOA, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party.
C. Entire MOA. This MOA constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This MOA may be modified only in writing and signed by the Parties in interest at the time of such modification.
D. Governing Law. This MOA shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this MOA, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.
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E. Excusable Delays. Neither Party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquakes, fires, acts of a public enemy, pandemic, epidemic, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOA.
F. Waiver. Waiver by any Party to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this MOA shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought.
G. Headings. The section headings contained in this MOA are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.
H. Assignment. Neither P arty may assign its interest in this MOA, or any part thereof, without the prior written consent of the other P arty. Any assignment without consent shall be void and unenforceable.
I. Severability. If any provision of this MOA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
J. Authority to Execute . The person executing this MOA on behalf of a Party warrants that they are duly authorized to execute this MOA on behalf of said Party, and that by doing so said Party is formally bound to the provisions of this MOA.
K. Counterparts. This MOA may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
L. Electronic Signatures. This MOA may be executed with electronic signatures in accordance with Government Code Section 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
[Signature page to follow.]
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IN WITNESS WHEREOF, the Parties hereto have caused this MOA to be executed and to be effective on the date it has been fully executed by the Parties as set forth below.
FOR THE CITY OF ARCADIA:
By: __________________________
Dominic Lazzaretto
City Manager
Date: _________________________
ATTEST:
______________________________
Linda Rodriguez
City Clerk
APPROVED AS TO FORM:
_______________________________
Michael J. Maurer
City Attorney
FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS:
By: ____________________________
Marisa Creter
Executive Director
Date: ___________________________
APPROVED AS TO FORM:
________________________________
David DeBerry
General Counsel
ATTACHMENT “A” - SCOPE OF WORK
The SGVCOG Regional Food Recovery Program services under this agreement include the following:
Program Management
SGVCOG will organize meetings with the City and SGVCOG representatives to discuss the project deliverables and receive feedback on the project progress. The SGVCOG will also the following program management duties:
• Oversee consultant work,
• Track program budget, and
• Monitor, amend, and enforce contracts
Inspections and Enforcement
• Identification of food recovery organizations (FROs) and Tier 1 and Tier 2 edible food generators (EFGs) within the City
• Annual inspections of Tier 1 and 2 EFGs and FROs in the City, with reports of inspection outcomes
• Assessment of total amount of edible food generated by Tier 1 and 2 EFGs and available capacity of FROs to accept edible food
Public Outreach and Engagement
• Regional workshops to educate grocery stores, restaurants, and food recovery organizations on regulations and to share best practices and resources • Development of outreach materials, such as SB 1383 fliers • One-on-one engagement with Tier 1 and Tier 2 EFGs and FROs to provide education and guidance on 1383 compliance
Food Recovery Hub Development/FRO Support
• Coordination with and support of food recovery hubs to expand the region’s capacity to recover food and address food insecurity
• Support to smaller food recovery organizations to allow more local groups to sustain operations and comply with SB 1383
City-Specific Services
The SGVCOG has also allocated funds to support city -specific SB 1383 initiatives , which may include organics procurement, supplies, software, SB 1383 implementation staff time, or other pre- approved purchases. The budget for such services is outlined in Attachment B.
ATTACHMENT “B” – BUDGET AND INVOICING
The SGVCOG has allocated a total not -to-exceed amount of $15,270 to support city-specific SB 1383 initiatives as outlined in Table 1.
Table 1. Budget
Category Description Total Funds
Education and Outreach FoodEd Compost Program Materials and Workshops $2,120.00 Equipment Bin system, tools, signage, other necessary equipment $3,000.00 Personnel FoodEd Compost Program Management $10,150.00
Total Budget $15,270.00