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HomeMy Public PortalAbout04) 7C_Amend-Food Recovery Program-Staff Report aavery_v4 CM final w attachmentMANAGEMENT SERVICES DEPARTMENT MEMORANDUM Date: November 16, 2021 To: The Honorable City Council From: Bryan Cook, City Manager By: Ashley Avery, Management Analyst Subject: AMENDMENT TO MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF TEMPLE CITY FOR PARTICIPATION IN THE SAN GABRIEL VALLEY REGIONAL FOOD RECOVERY PROGRAM RECOMMENDATION: The City Council is requested to: 1.Authorize the City Manager to sign and execute Amendment No. 1 to the Memorandum of Agreement (MOA) (Attachment "A") with the San Gabriel Valley Council of Governments (SGVCOG) for participation in the San Gabriel Valley Regional Food Recovery Program 2.Authorize budget appropriation of $23,642 for Fiscal Year 2021-22 from AB 939 funds. BACKGROUND: 1.In 2016, Senate Bill (SB) 1383 was passed by the California State legislature and signed by the Governor Brown. It implemented statewide targets to reduce the disposal of organic waste and increase the recovery of edible food for human consumption. SB 1383 requires local jurisdictions to establish food recovery programs and strengthen existing food recovery networks. Jurisdictions must meet the requirements of SB 1383 by January 1, 2022. AGENDA ITEM 7.C. City Council November 16, 2021 Page 2 of 3 Recovery Program with the development and implementation of a compliant edible food recovery program. 3. In October 2021, Temple City entered in the MOA with SGVCOG for participation in the San Gabriel Regional Food Recovery Program. ANALYSIS: Temple City executed the MOA with SGVCOG for participation in the San Gabriel Valley Edible Food Recovery Program in October 2021. The MOA currently, includes the development and implementation of a regional food recovery program. This program will assist participating cities meet the edible food recovery component required by SB 1383. It is administered and managed by SGVCOG and is being implemented by SCS Engineers, the consultant retained by SGVCOG. In addition to the development of edible food recovery programs, SB 1383 requires the inspection and enforcement of these programs. The Amendment to the MOA will allow the City to participate in the development and implementation of an Inspection Program, also to be conducted by SCS Engineers and extend the term of the MOA to August 1, 2024. The total cost for the Inspection Program is not to exceed $66,910.00. For Temple City, this inspection program will include: Up to 11 inspections of Tier 1 food generators twice per calendar year Up to 12 inspections of Tier 2 food generators once per calendar year Up to 2 visits to food recovery agencies/organizations located within the City’s jurisdiction per calendar year Temple City collects $54,000 annually in AB 939 funds and currently has a fund balance of $621,000. This program falls with the guidelines of eligible use of AB 939 funds; hence the City has a non-general fund revenue source to pay for this program currently and into the future. Participating in this inspection program will help Temple City comply with the inspection component of edible food recovery programs required by SB 1383. Staff recommends participation in the program. City Council November 16, 2021 Page 3 of 3 CITY STRATEGIC GOALS: Participation in the San Gabriel Regional Food Recovery Program is consistent with the City Strategic Goals of Good Governance, Public Health and Safety, Sustainable Infrastructure, and Economic Development. FISCAL IMPACT: The total cost for participation in the Inspection Program will be an amount not to exceed: $23,642 for Fiscal Year 2021-22 $21,343 for Fiscal Year 2022-23 $21,925 for Fiscal Year 2023-24 Totaling $66,910 for the 3-year term of the MOA. The City currently receives $54,000 annually in AB 939 funds, and currently has an unallocated fund balance of $621,000. ATTACHMENT: A.Amendment No.1 to Memorandum of Agreement Between the San Gabriel Valley Council of Governments and the City of Temple City For Participation in the San Gabriel Valley Regional Food Recovery Program 1634628.1 AMENDMENT NO. 1 TO MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF TEMPLE CITY FOR PARTICIPATION IN THE SAN GABRIEL VALLEY REGIONAL FOOD RECOVERY PROGRAM This Amendment No. 1 (“Amendment”) to the Memorandum of Agreement (“MOA”) Between the San Gabriel Valley Council of Governments (the “SGVCOG”) and the City of Temple City (the “City”) For Participation in the San Gabriel Valley Regional Food Recovery Program, dated November 16, 2021, shall be effective upon the date executed by both Parties hereto (“Effective Date”). RECITALS A.SGVCOG and City entered into the MOA under which SGVCOG retained a consultant to perform specified tasks (Tasks 1-4 of the MOA’s Scope of Work) toward the development of a regional approach toward compliance with SB 1383’s food recovery components; and B.City seeks to establish and implement an inspection and enforcement program (“Inspection Program”) for Tier 1 and Tier 2 commercial edible food generators and food recovery organizations and services to comply with Title 14, California Code of Regulations, Sections 18995.1, 18995.3, and 18995.4; and C.SGVCOG and City desire to amend the MOA to develop and implement an Inspection Program (Tasks 5-6 of the MOA’s Scope of Work), revise the invoice submittal process, and extend the term of the MOA to August 1, 2024. NOW THEREFORE, the Parties agree to amend the MOA as follows: I.Article II. Term, shall be deleted in its entirety and replaced with the following: “The term of this MOA shall commence upon execution of the MOA by the Parties and shall continue through August 1, 2024. The term of the MOA may be extended by mutual written agreement of the Parties.” II.SGVCOG shall cause its consultant to perform Tasks 5-6 of the Program’s Scope of Work as set forth in Attachment A to the MOA. II.Article III. Responsibilities of the Parties, Section A. Subsection 7 shall be deleted in its entirety and replaced with the following: “7. Submit four invoices to the City, in a total amount that does not exceed $83,869.00 (includes consultant, SGVCOG administrative fees and all payments due from City), as follows: ATTACHMENT A 1634628.1 • Invoice the City for Tasks 1-4 of the Scope of Work in an amount not to exceed $16,959.00 after execution of the MOA. Payment of the first invoice will be due within thirty (30) days of the City’s receipt thereof. • On or about the Effective Date, invoice the City for the work to be performed under Tasks 5-6 of the Scope of Work from the Effective Date to December 31, 2022, in an amount that does not exceed $23,642.00. Payment of the second invoice will be due within thirty (30) days of the City’s receipt thereof. • On or about November 1, 2022, invoice the City for the work to be performed under Tasks 5-6 of the Scope of Work from January 1, 2023 to December 31, 2023, in an amount that does not exceed $21,343.00. Payment of the third invoice will be due within thirty (30) days of the City’s receipt thereof. • On or about November 1, 2023, invoice the City for the worked to be performed under Task 6 of the Scope of Work from January 1, 2024 to August 1, 2024 in an amount that does not exceed $21,925.00. Payment of the fourth invoice will be due within thirty (30) days of the City’s receipt thereof. • Any amounts paid by the City under this Amendment that are not expended in performance of Tasks 1-6 by August 1, 2024, will be refunded to the City by September 15, 2024, unless City and SGVCOG agree to extend the term of the MOA beyond August 1, 2024. SGVCOG shall provide to the City an accounting of funds at the same time of the refund, if any. IV. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the MOA. V. This Amendment integrates all of the terms and conditions mentioned herein and supersedes all negotiations with respect to matters referenced herein. Except as specifically amended hereby, the MOA shall remain in full force and effect. To the extent there is any conflict or inconsistency between the terms and provisions of this Amendment and the MOA, this Amendment shall control. 1634628.1 The Parties hereby enter into this Amendment upon the Effective Date as is set forth above. FOR THE CITY OF TEMPLE CITY: By:___________________________ Bryan Cook City Manager Date:__________________________ ATTEST: ______________________________ Peggy Kuo City Clerk APPROVED AS TO FORM: _______________________________ Greg Murphy City Attorney FOR THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS: By: ____________________________ Marisa Creter Executive Director Date:___________________________ APPROVED AS TO FORM: ________________________________ David DeBerry General Counsel 1634628.1 ATTACHMENT A – TASK 5 & 6 SCOPE OF WORK SAN GABRIEL VALLEY REGIONAL FOOD RECOVERY PROGRAM Task 5 Inspection Program Development Task 5.1 Develop Inspection Schedule and Plan Based on the information identified in Task 2, the Consultant shall develop a schedule and plan to implement a program, including a mechanism that allows for the submission of anonymous complaints and determining the validity of those complaints based on Section 18995.3 of the adopted guidelines, to conduct inspections of participating cities’ Tier 1 commercial edible food generators and food recovery organizations and services for compliance with the adopted SB 1383 guidelines. Please note that cities must conduct inspections of Tier 1 commercial edible food generators and food recovery organizations and services for compliance beginning January 1, 2022. Inspections of Tier 2 commercial edible food generators for compliance with the adopted guidelines must begin on January 1, 2024. By law, the Consultant does not have authority to issue citations; however, the Consultant shall develop an effective method to quickly and effectively inform participating cities to issue educational materials and/or citations in the event that noncompliance is identified during inspections. Between January 1, 2022 and December 31, 2023, cities must provide educational materials describing the applicable requirements of the adopted guidelines in response to violations. Starting on January 1, 2024, cities must enforce the adopted guidelines pursuant to Sections 18995.4 and 18997.2 of the adopted guidelines in response to violations. Deliverable: A report detailing the proposed schedule and plan to implement an inspection program in participating cities, including details of an effective method to quickly and effectively inform participating cities to issue educational materials and/or citations in the event that noncompliance is identified during inspections. The report must be presented to the SGVCOG and participating cities for review before November 29, 2021. Task 6 Inspection Program Implementation Task 6.1 Project Team Coordination Monthly 30-minute project team meetings, regular phone and e-mail correspondence, and other communications with the SGVCOG to ensure that the tasks listed in this SOW stay on schedule and within budget. Deliverable: Meeting notifications, agendas, and notes. Task 6.2 Implement Inspection Schedule and Plan 1634628.1 Upon the approval by the SGVCOG and participating cities, the Consultant shall begin implementing the inspections beginning January 1, 2022 and until August 1, 2024. The Consultant shall document the number of inspections conducted by type for commercial edible food generators and food recovery organizations, the number of complaints pursuant to Section 18995.3 of the adopted guidelines that were received and investigated, and the number of Notices of Violations issued (in partnership with participating cities) based on investigation of those complaints. Additionally, the Consultant shall, in partnership with participating cities, document the number of Notices of Violation, penalty orders, and enforcement actions that were resolved, categorized by type of entity subject to the adopted guidelines. Each of the following 14 cities shall receive the following inspection allocations if they decide to participate in this Task: • Alhambra o Up to 21 first-visit Tier 1 generator inspections per calendar year o Up to 21 second-visit Tier 1 generator inspections per calendar year o Up to 24 first-visit Tier 2 generator inspections per calendar year o Includes 3 visits to the food recovery agencies/organizations that are located in the City’s jurisdiction per calendar year • Azusa o Up to 14 first-visit Tier 1 generator inspections per calendar year o Up to 14 second-visit Tier 1 generator inspections per calendar year o Up to 10 first-visit Tier 2 generator inspections per calendar year o Includes 1 visit to the food recovery agencies/organizations that are located in the City’s jurisdiction per calendar year • Covina o Up to 12 first-visit Tier 1 generator inspections per calendar year o Up to 12 second-visit Tier 1 generator inspections per calendar year o Up to 16 first-visit Tier 2 generator inspections per calendar year o Includes 4 visits to the food recovery agencies/organizations that are located in the City’s jurisdiction per calendar year • Duarte o Up to 6 first-visit Tier 1 generator inspections per calendar year o Up to 6 second-visit Tier 1 generator inspections per calendar year o Up to 18 first-visit Tier 2 generator inspections per calendar year o Includes 2 visits to the food recovery agencies/organizations that are located in the City’s jurisdiction per calendar year • Glendora o Up to 15 first-visit Tier 1 generator inspections per calendar year o Up to 15 second-visit Tier 1 generator inspections per calendar year o Up to 18 first-visit Tier 2 generator inspections per calendar year o Includes 3 visits to the food recovery agencies/organizations that are located in the City’s jurisdiction per calendar year • Irwindale 1634628.1 o Up to 10 first-visit Tier 1 generator inspections per calendar year o Up to 10 second-visit Tier 2 generator inspections per calendar year o Up to 4 first-visit Tier 2 generator inspections per calendar year o Includes 2 visits to the food recovery agencies/organizations that are located in the City’s jurisdiction per calendar year • La Canada Flintridge o Up to 7 first-visit Tier 1 generator inspections per calendar year o Up to 7 second-visit Tier 1 generator inspections per calendar year o Up to 8 first-visit Tier 2 generator inspections per calendar year o Includes 1 visit to the food recovery agencies/organizations that are located in the City’s jurisdiction per calendar year • Monrovia o Up to 11 first-visit Tier 1 generator inspections per calendar year o Up to 11 second-visit Tier 1 generator inspections per calendar year o Up to 13 first-visit Tier 2 generator inspections per calendar year o Includes 3 visits to the food recovery agencies/organizations that are located in the City’s jurisdiction per calendar year • Monterey Park o Up to 16 first-visit Tier 1 generator inspections per calendar year o Up to 16 second-visit Tier 1 generator inspections per calendar year o Up to 18 first-visit Tier 2 generator inspections per calendar year o Includes 1 visit to the food recovery agencies/organizations that are located in the City’s jurisdiction per calendar year • Pomona o Up to 36 first-visit Tier 1 generator inspections per calendar year o Up to 36 second-visit Tier 1 generator inspections per calendar year o Up to 41 first-visit Tier 2 generator inspections per calendar year o Includes 17 visits to the food recovery agencies/organizations that are located in the City’s jurisdiction per calendar year • San Marino o Up to 3 first-visit Tier 1 generator inspections per calendar year o Up to 3 second-visit Tier 1 generator inspections per calendar year o Up to 8 first-visit Tier 2 generator inspections per calendar year o Includes 1 visit to the food recovery agencies/organizations that are located in the City’s jurisdiction per calendar year • South Pasadena o Up to 8 first-visit Tier 1 generator inspections per calendar year o Up to 8 second-visit Tier 1 generator inspections per calendar year o Up to 3 first-visit Tier 2 generator inspections per calendar year o Includes 2 visits to the food recovery agencies/organizations that are located in the City’s jurisdiction per calendar year • Temple City o Up to 11 first-visit Tier 1 generator inspections per calendar year 1634628.1 o Up to 11 second-visit Tier 1 generator inspections per calendar year o Up to 12 first-visit Tier 2 generator inspections per calendar year o Includes 2 visits to the food recovery agencies/organizations that are located in the City’s jurisdiction per calendar year • Walnut o Up to 9 first-visit Tier 1 generator inspections per calendar year o Up to 9 second-visit Tier 1 generator inspections per calendar year o Up to 11 first-visit Tier 2 generator inspections per calendar year o Includes 1 visit to the food recovery agencies/organizations that are located in the City’s jurisdiction per calendar year Deliverable: Documentation of the number of inspections conducted by type for commercial edible food generators and food recovery organizations, the number of complaints pursuant to Section 18995.3 of the adopted guidelines that were received and investigated, and the number of Notices of Violations issued (in partnership with participating cities) based on investigation of those complaints. Additionally, the Consultant shall, in partnership with participating cities, provide documentation of the number of Notices of Violation, penalty orders, and enforcement actions that were resolved, categorized by the type of entity subject to the adopted guidelines. Such documents shall be provided on a monthly basis. *Not all 14 participating cities that participate in Tasks 1-4 of the San Gabriel Valley Regional Food Recovery Program will participate in Tasks 5-6. The final contract amount will depend on the number of cities that choose to participate in Tasks 5-6.