HomeMy WebLinkAboutItem 12i - SGVCOG Regional Food Recovery ProgramSGVCOG Regional Food Recovery Program
August 20, 2024
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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. Jurisdictions, businesses
identified as edible food generators (“Generators”), such as grocery stores and large
SGVCOG Regional Food Recovery Program
August 20, 2024
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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 Community Compost Bin located at the Arcadia
Public Library, another SB 1383 effort.
DISCUSSION
The City previously entered into 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
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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 San 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
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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 San
Gabriel Valley Council of Governments 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.
1596561.1
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
1596561.1
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 project 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 MOA 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 MOA; 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 defaulting 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 arising
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
1596561.1
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
mbolger@sgvcog.org
with a copy to: Marisa Creter
Executive Director
1333 S. Mayflower Ave., Suite 360
Monrovia, CA 91016 mcreter@sgvcog.org
To City: Briget Arndell
Environmental Services Manager
11800 Goldring Road
Arcadia, CA 91006
(626) 254-2705
barndell@arcadiaca.gov
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.
1596561.1
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 Party may assign its interest in this MOA, or any part
thereof, without the prior written consent of the other Party. 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.]
1596561.1
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