6 allowing cities and the County to jointly enforce SB 1383 requirements. The MOU will be effective upon execution by all parties and terminate on December 31, 2025.
All fees and revenue collected by the County for services performed under this MOU will be retained by the County as payment for the services provided to the City. Fees will be charged in accordance with the County Fee Ordinance, and the current County Fee Ordinance will be provided to the City.
Any additional services requested by the City will be performed at an additional cost in a manner mutually agreed upon by the City and County prior to the rendering of services. The City will reimburse the County for additional services at the hourly rate listed in the County Fee Ordinance for the service provided.
FISCAL IMPACT
There is no fiscal impact with this item.
Attachment(s):
1. San Bernardino County MOU
Approved By:�.
ATTACHMENT 1
MEMORANDUM OF UNDERSTANDING
Between
San Bernardino County Department of Public Health
Environmental Health Services
And
City of Yucaipa
For
Environmental Health Services
April 22,2024
This Memorandum of Understanding (MOU) is made and entered into by and between San Bernardino Countv Department of Public Health, Environmental Health Services Division (County) and the City of City of Yucaipa (City).
This MOU addresses the procedures to be followed by the County and the City for the provision of environmental health services in the City's incorporated areas.
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, The County desires to provide environmental health services in the areas designated below; and WHEREAS, City desires the provision of environmental health services in the areas designated below; and WHEREAS, County is qualified to provide the environmental health services designated below; and WHEREAS, City desires that such services be provided by the County, and the County agrees to perform these services as set forth below;
NOW THEREFORE, County and City mutually agree to the following items and conditions:
TABLE OF CONTENTS
I.
DEFINITIONS............................................................................................................3 II.
COUNTY RESPONSIBILITIES
......................................................................................4 III.
CITY RESPONSIBILITIES............................................................................................4 IV.
MUTUAL RESPONSIBILITIES
......................................................................................4 V.
FISCAL PROVISIONS.................................................................................................5 VI.
TERM.......................................................................................................................5 VII.
EARLY TERMINATION................................................................................................6 Vill.
GENERAL PROVISIONS.............................................................................................6 IX.
CONCLUSION............................................................................................................6
ATTACHMENT
ATTACHMENT A — Schedule of Services
I. DEFINITIONS
a. COMMERCIAL EDIBLE FOOD GENERATOR: Includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Section 33.1503 of County Ordinance 4434 or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
b. EDIBLE FOOD: Food intended for human consumption and collected or received from a Tier One or Tier Two Commercial Edible Food Generator. For the purposes of County Ordinance 4434 or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in County Ordinance 4434, or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
c. EDIBLE FOOD RECOVERY: Actions to collect, receive, and/or redistribute Edible Food for human consumption from Tier One and Tier Two Commercial Edible Food Generators that otherwise would be disposed.
d. ENFORCEMENT ACTION: An action of San Bernardino County, Department of Public Health, Division of Environmental Health Services (DENS) or its Enforcement Officers to address non- compliance with County Ordinance 4434 including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
e. FOOD DISTRIBUTOR: A company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
f. FOOD FACILITY: An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. g. FOOD RECOVERY: Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). h. FOOD RECOVERY ORGANIZATION: An entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety Code, which is:
(a) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code, and
(b) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
2. A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this County Ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
i. FOOD RECOVERY SERVICE: A Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery. A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of County Ordinance 4434 and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
j. INSPECTION: For the purposes of Edible Food Recovery, actions to review contracts and other records related to the recovery of Edible Food and may occur off -site via email and other forms of electronic communication, as well as the on -site review of an entity's records and collection, handling, and other procedures for the recovery of Edible Food to determine if the entity is complying with the requirements of County Ordinance 4434.
II. COUNTY RESPONSIBILITIES
A. The County offers the following services to incorporated cities. The County will provide to the City those specific services selected from this list and as set forth in San Bernardino County Code Title 3, Division 15, County Ordinance 4434, as provided in the Schedule of Services (Attachment A).
1. Conduct inspections of Commercial Edible Food Generators to monitor compliance with SB 1383 requirements and to gather data for jurisdiction reporting purposes during inspections.
2. Gather data from Food Recovery Organizations and Food Recovery Services during inspections of feeding sites or during regular communications, to determine the capacity to accept edible food donations.
3. Maintain up-to-date information available to the City regarding Food Recovery Organizations, Food Recovery Services and Commercial Edible Food Generators within its jurisdiction upon request.
4. Conduct education and outreach to City, Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services regarding the requirements set forth by SB 1383.
5. Conduct enforcement action to address non-compliance including, but not limited to, issuing administrative citations, notice of violation, fines, penalties, or using other remedies.
B. During the term of this MOU, the County Enforcement Officers and their deputies shall exercise the same powers and duties, including methods of enforcement, within the jurisdiction of the City as are conferred upon such officers by law as County officers. The County officers and their deputies shall enforce all provisions of the County Code relating to those services provided.
C. For purposes of this MOU, the jurisdiction of the City encompasses only the incorporated areas of the City and does not extend to spheres of influence.
III. CITY RESPONSIBILITIES
Compensate County as provided in Fiscal Provisions (Section V).
IV. MUTUAL RESPONSIBILITIES
A. In the performance of this MOU, County, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of this City.
B. Indemnification
The City agrees to indemnify, defend, and hold harmless the County and its officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of its negligent acts or omissions in performing its obligations under this MOU.
2. The County agrees to indemnify and hold harmless the City, its officers, agents, and volunteers from any and all claims, actions or losses, damages and/or liability resulting from the County's negligent acts or omissions in performing its obligations under this MOU.
3. In the event the County and City are found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under this MOU, the County and City shall each indemnify the other to the extent of its comparative fault or negligence.
C. Insurance
1. County and City are authorized self -insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Worker's Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms and conditions of this MOU.
2. The City shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors, and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the City or the City's employees or agents from waiving the right of subrogation prior to a loss or claim. The City hereby waives all rights of subrogation against the County.
3. Any and all deductibles or self -insured retentions in excess of $10,000 shall be declared to, and approved by, County's Risk Management.
D. In the event of any dispute hereunder, each Party to this MOU shall bear its own attorney's fees and costs regardless of who prevails in the outcome of the dispute.
V. FISCAL PROVISIONS
A. City and County agree that all fees and revenue collected by the County for services performed hereunder, including the issuance of permits, the conducting of inspections and so forth, shall be retained by the County as payment for the services provided to City under the terms of this MOU.
Fees shall be charged in accordance with the County Fee Ordinance, which may be amended from time to time. The current County Fee Ordinance shall be provided to City.
B. Any additional services requested by City to be performed by County shall be performed at an additional cost and in a manner mutually agreed upon by the City and County prior to the rendering of services. City shall reimburse County for additional services at the hourly rate prescribed in the County Fee Ordinance for such category of services.
VI. TERM
This MOU shall be effective upon execution by all parties and terminate on December 31, 2025.
VII. EARLY TERMINATION
This MOU may be terminated without cause by either party by serving a written notice to the other party thirty (30) days in advance of termination. The Director of Public Health is authorized to exercise the County's rights with respect to any termination of this MOU.
VIII. GENERAL PROVISIONS
A. When notices are required to be given pursuant to this MOU, the notices shall be in writing and mailed to the following respective addresses listed below.
City: City of NAME
Address
Address Line 2
County: San Bernardino County
Environmental Health Services
385 N. Arrowhead Avenue 2nd floor
San Bernardino, CA 92415-0160
B. Any alternations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this MOU. No oral understanding or MOU not incorporated herein shall be binding on any of the Parties hereto.
IX. CONCLUSION
A. This MOU, consisting of six (6) pages and Attachment A, is the full and complete document describing services to be rendered by County to City, including all covenants, conditions, and benefits.
B. The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.
C. This MOU may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same MOU.
The parties shall be entitled to sign and transmit an electronic signature of this MOU (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.
SAN BERNARDINO COUNTY
Dated
By b.
Director of Public Health (Authorized signature - sign in blue ink) Name: Chris Mann
(Print or type name of person signing contract)
Title: City Manager
(Print or Type)
Dated: 04/22/2024
Address: 34272 Yucaipa Blvd. Yucaipa, CA 92399
Attachment A: Schedule of Services
The San Bernardino County, Department of Public Health, Environmental Health Services Division (County) agrees to perform these services as set forth below
Conduct education and outreach to City, Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services regarding the requirements set forth by SB 1383, now County Ordinance 4434.
2. Conduct inspections of Commercial Edible Food Generators to monitor compliance with County Ordinance 4434 requirements and to gather data for jurisdiction reporting purposes during inspections. a. Verify Commercial Edible Food Generators, Food Recovery Organizations and Food recovery services arrange and maintain contracts or written agreements outlining terms for edible food donation and acceptance.
b. Verify Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services keep records of types of foods that will be collected or self -hauled, the quantity of food per month, in pounds, that will be collected or self -hauled, and the established frequency. c. Verify Commercial Edible Food Generators have established an employee edible food recovery training program and maintain records of employee training. d. Verify employees of Commercial Edible Food Generators directly involved in the Edible Food Recovery Program have a valid San Bernardino County food handler's card. e. Verify Edible Food is capable of being recovered by a Food Recovery Organizations or a Food Recovery Service is not intentionally spoiled.
3. Obtain data from Food Recovery Organizations and Food Recovery Services during inspections of feeding sites or during regular communications, to determine the capacity to accept edible food donations. a. Names, telephone numbers, and types of Food Recovery Organizations and Food Recovery Services within the jurisdiction.
b. Quantity, in pounds, of Edible Foods recovered from Commercial Edible Food Generators.
4. Maintain up-to-date information collected by DEHS regarding Food Recovery Organizations, Food Recovery Services and Commercial Edible Food Generators within the City's jurisdiction and make it available upon request to help them meet applicable requirements of SB1383.
5. Conduct enforcement action to address non-compliance including, but not limited to, issuing Administrative Citations, Notice of Violation, fines, penalties, or other remedies available to the County.