MOU – Implementation of SB 1383 Regulations
1 Memorandum of Understanding
Between ______________ and
Sonoma County Waste Management Agency
Regarding the Compost Hub Pilot Project
This Memorandum of Understanding (“MOU”) is made this ____ day of ___________, 2023 (“Effective Date”) by and between the ____________, a _____________ (“City”) and the SONOMA COUNTY WASTE MANAGEMENT AGENCY, a California joint powers authority (“Agency”) (collectively the “Parties”).
RECITALS
WHEREAS, the Agency is a joint powers authority established pursuant to the California Joint Exercise of Powers Act (Gov. Code section 6500 et seq.), and one of the Agency’s core programs is to provide education regarding recycling, composting and other methods of waste diversion to the Agency’s members and the public; and WHEREAS, City has agreed to host a Compost Hub Pilot Project (referred to as a “Compost Hub”) on City-owned property for residents to pick up compost free of charge and Agency desires to provide City with compost to distribute at its Compost Hub; and WHEREAS, the Parties wish to collaborate to host, maintain, and further develop the Compost Hub to support Sonoma County residents, referred to as “the public,” in acquiring, making, and using compost; and
WHEREAS, the Parties desire to distribute compost produced from recovered organic waste to implement the regulations promulgated by the California Department of Resources Recycling and Recovery in response to Senate Bill 1383 (Chapter 395, Statutes of 2016).
NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows:
AGREEMENT
1. Term. This MOU shall commence on the Effective Date and remain in full force and effect for one (1) year from the Effective Date until terminated as set forth in Section 5 of this MOU.
2. Responsibilities of the City.
(a) Location. City shall identify a community garden, City-owned farm, or other suitable City-owned location to serve as its Compost Hub. City shall inform Agency of the identified Compost Hub location, including any changes to the location.
MOU – Implementation of SB 1383 Regulations
2 (b) Hours of Operation. City shall set regular hours of operation yearround for the Compost Hub. The Compost Hub, at a minimum, shall be open to the public one two (12) days a week month for four (4) hours each weekof those days, rain or shine.
If the City is unable to open the Compost Hub on a particular day, it shall reschedule and inform Agency and the public. The City’s designated Compost Hub site manager shall offer appointment scheduling opportunities online, to create additional access points for those that cannot make the first weekend of every month. City shall inform Agency of its operating hours and any scheduling changes.
(c) Delivery of Compost. City’s designated Compost Hub site manager shall contact an Agency-designated compost facility representative to coordinate compost deliveries to the Compost Hub as needed. City may choose to receive compost from one of the following compost facilities: (1) Cold Creek Compost (which provides Agrow-Blend Compost); (2) Napa Recycling (which provides Organic Compost); and (3) WM Redwood (which provides Homegrown Compost). Compost shall be delivered to the Compost Hub in truckloads of 20 to 40 cubic yards per delivery. City understands and agrees that deliveries will depend on available supply and therefore cannot be guaranteed. City agrees to ensure that compost delivery trucks have access to unload compost into a pile at the Compost Hub.
(d) Compost Distribution. City shall make available and accessible Agency-provided compost to City residents to pick up free of charge at the Compost Hub during its hours of operation. Residents can take compost by self-service. None of the Parties are required to, but may choose to, deliver compost to the public or help the public load compost into buckets, truck beds, or other containers. (e) Outreach. City shall advertise the dates and times that it will open the Compost Hub on the City’s website, social media, and at appropriate City-sponsored events and outreach materials. City shall inform the public of any rules, regulations, or requirements with visiting the Compost Hub or the distribution of compost. City agrees to collaborate with Agency to create signage that helps guide the public in navigating and utilizing the Compost Hub safely. City shall provide or post educational materials about the benefits of compost at the Compost Hub. City shall collaborate with Agency on public outreach and share outreach materials with Agency.
(f) Documentation. City shall assist Agency in collecting signed waivers from Agency volunteers who volunteer at the Compost Hub. City shall make available the optional survey developed by the Agency to residents who use the Compost Hub in order to collect feedback.
(g) Compliance with Applicable Laws. City shall observe and comply with all applicable federal, state, and local laws and maintain in full force and effect any and all licenses, permits, qualifications and approvals which are legally required to operate the Compost Hub.
(h) Indemnification/Hold Harmless. City shall indemnify, defend, and hold harmless Agency, its officers, officials, employees, agents, and volunteers from and MOU – Implementation of SB 1383 Regulations
3 against any and all loss, damages, liability, claims, suits, costs and expenses, including reasonable attorney’s fees, arising from the Parties’ City’s performance of this MOU, except matters that are based upon the sole negligence or intentional acts or omissions of the Agency, its officers, officials, employees, agents, and volunteers. (i) Insurance. City shall maintain insurance as described below:
(A) Workers' Compensation Insurance. Workers'
compensation insurance with statutory limits as required by the California Labor Code. (B) General Liability Insurance. Commercial general liability insurance covering bodily injury and property damage using an occurrence policy form, in an amount no less than One Million Dollars ($1,000,000.00) combined single limit for each occurrence.
(C) Automobile Insurance. Automobile liability insurance covering bodily injury and property damage in an amount no less than One Million Dollars ($1,000,000) combined single limit for each occurrence. Said insurance shall include coverage for owned, hired, and non-owned vehicles.
(D) Additional Requirements. The insurance policies shall either be endorsed with the following specific language or contain equivalent language in the policies:
(1) The Agency, its Board of Directors, officers,
employees, agents, and volunteers are named as additional insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement.
(2) The inclusion of more than one insured shall not
operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the company's liability.
(3) The insurance provided herein is primary coverage to the Agency with respect to any insurance or self-insurance programs maintained by the Agency.
(4) This policy shall not be cancelled or materially changed without first giving thirty (30) days’ prior written notice to the Agency.
3. Responsibilities of the Agency.
(a) Delivery of Compost. Agency shall assist City in coordinating the delivery of compost with compost facilities as needed. The compost is available for free, on a first-come, first-served basis, “as is” and with all faults. Agency makes no warranty or guarantee, either express or implied, that the compost will be effective, MOU – Implementation of SB 1383 Regulations
4 useful or safe in any manner. Agency reserves the right to revise the list of available compost facilities and the amount of compost per delivery at any time. (b) Educational Resources and Tools. Agency will share information regarding the compost vendor, available compost lab reports, and recommendations for optimal compost use to City. Agency agrees to design, make and deliver educational resources to the Compost Hub, including on-site education materials and handouts to be distributed to the public at the Compost Hub. Agency also agrees to create a public survey for City to help collect data regarding the public’s use of the Compost Hub.
4. Responsibilities of Both Parties.
(a) Evaluation. The Parties agree to convene after the first three months following the opening of the Compost Hub to evaluate Compost Hub operations, promotional efforts, and the public’s engagement based on the survey results and feedback collected otherwise. The evaluation will result in recommendations shared between the Parties on improvements to the Compost Hub and the ongoing partnership between organizations.
(b) Outreach. The Parties agree to promote the Compost Hub through social media, electronic newsletters, community partners, and physical signage. City shall provide guidance on promotional efforts based on the capacity of the Compost Hub. (c) Promotion of Use of Reusable Containers. The Parties agree to encourage the public to take compost by bringing using reusable containers, such as 5- gallon buckets and burlap bags.
5. Termination. Either Party may terminate this Agreement at any time upon 30 days’ written notice to the other Party.
6. Notice. During the term of this MOU, all notices shall be made in writing and either served personally, sent by first class mail, or sent by email provided confirmation of delivery is obtained at the time of email transmission, addressed as follows:
To: Agency Sonoma County Waste Management Agency
Attention: Xinci Tan
2300 County Center Drive, Ste. B-100
Santa Rosa, CA 95403
Telephone Number: 707-837-6134
Email: [email protected]
To City of [City Name]: City of [City Name]
Attention: City Manager
___________________
MOU – Implementation of SB 1383 Regulations
5 [City], CA _____
Telephone Number:
Email:
Either Party may change the address to which notice is to be given by providing the other Party with written notice of such change at least fifteen (15) calendar days prior to the effective date of the change.
Service of notices shall be deemed complete on the date of receipt if personally served or if served using email provided confirmation of delivery is obtained at the time of email transmission. Service of notices sent by first-class mail shall be deemed complete on the third day following deposit with the United States Postal Service.
7. Governing Law and Venue. This MOU shall be deemed to be executed within the State of California and construed in accordance with and governed by laws of the State of California. Venue in any proceeding or action arising out of this MOU shall be in Sonoma County, California.
8. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, or agreements, whether written or oral.
9. Amendment. This MOU may only be amended by a writing signed by both Parties.
[Signatures on following page]
MOU – Implementation of SB 1383 Regulations
6 SIGNATURE PAGE FOR
Memorandum of Understanding
Between the City of [City Name] and
Sonoma County Waste Management Agency
Regarding the Compost Hub Pilot Project
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.
CITY OF [CITY], A Municipal Corporation
of the State of California
By:
City Manager
APPROVED AS TO FORM:
City Attorney
SONOMA COUNTY WASTE
MANAGEMENT AGENCY, A California
Joint Powers Authority
By:
Leslie Lukacs
Executive Director
APPROVED AS TO FORM:
Agency Counsel
5583482.1