HomeMy Public PortalAboutAgreement_2021-11-16 to 2024-08-01_San Gabriel Valley Council of Governments_Regional Food Recovery Program_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:
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• 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.
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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:
1z. - (v -2D2
ATTEST:
J f
Peggy Kuo
City Clerk
APPROVED AS TO
Greg
City Attorney
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FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS:
By' Cti
Marisa reter
Executive Director
Date:
I 3/a2
DeBer
General Counsel
ORM:
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
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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
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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 "1 ier 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
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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.
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