HomeMy WebLinkAboutE-7 Staff Report - Approval of MOA Amendment for Edible Food Recover Program CONSENT ITEM
E-7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: LIZA SAGUN, ENVIRONMENTAL PROGRAMS SPECIALIST
DATE: NOVEMBER 15, 2021
SUBJECT: APPROVAL OF AMENDMENT TO MEMORANDUM OF AGREEMENT WITH SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENTS FOR REGIONAL EDIBLE FOOD RECOVERY PROGRAM
BACKGROUND:
Senate Bill 1383 (Short-lived Climate Pollutants) was signed into law in a statewide effort to reduce methane emissions
created by organic waste, including the recovery of at least 20% of edible food traditionally sent to landfills by food
generators such as grocery stores, restaurants, wholesale food vendors, etc. This new requirement is scheduled to go into
effect on January 1, 2022, and as a responsible jurisdiction, the City of Azusa (“Azusa”) is required to implement an edible
food recovery recycling and enforcement program. The proposed action would engage the San Gabriel Valley Council of
Governments (SGVCOG) to coordinate the implementation of an edible food recovery recycling and enforcement program
for designated food generators within the City of Azusa.
RECOMMENDATION:
Staff recommends the City Council take the following action:
1) Approve the amendment to the Memorandum of Agreement between the City of Azusa and San Gabriel Valley
Council of Governments (SGVCOG) for the implementation of a Regional Edible Food Recovery Program.
ANALYSIS:
Since the requirements of SB 1383 apply to all San Gabriel Valley cities, Azusa participated in the development of a
regional edible food recovery program, which was coordinated by the SGVCOG. As such, pursuant to the recommendations
from the SGVCOG’s City Managers’ Steering Committee and the Public Works Technical Advisory Committee to proceed
with the proposed Regional Edible Food Recovery Program, the SGVCOG released a Request for Proposal (RFP) on July
20, 2021. The Scope of Work outlined in the RFP includes:
•Tasks 1-4: Project management, compliance and capacity assessments, outreach and education efforts, and final
development report to be completed on February 2022
•Tasks 5-6: Development and implementation of a food recovery inspection program from January 1, 2022 to August
1, 2024
The SGVCOG Governing Board awarded the contract to SCS Engineers at its Board meeting on September 16, 2021. The
cost to administer Tasks 1 to 4 was split among fourteen (14) participating San Gabriel Valley cities, including the City of
Azusa. The City of Azusa’s share was $16,959 including both consultant and five percent SGVCOG administrative fees.
The Memorandum of Agreement (MOA) was signed by the City Manager on October 5, 2021, and Tasks 1-4 are in progress
and expected to be completed on schedule. Staff recommends proceeding with Tasks 5-6 starting January 1, 2022.
The cost to administer Tasks 5 & 6 was calculated based on the estimated number of Tier 1 & Tier 2 businesses will be
required to participate in program and the number of San Gabriel Valley cities continuing with the implementation and
inspection program. Tier 1 businesses typically have more produce, fresh grocery, and shelf-stable foods to donate such as
wholesale food vendors, food service providers, food distributors, and grocery stores and supermarkets over 10,000 sq. ft.
area. Tier 2 businesses typically have more prepared foods to donate, which require more careful handling to meet food
safety requirements (i.e. time and temperature controls). Tier 2 businesses include restaurants over 5,000 sq. ft., hotels with
on-site food facility and 200+ rooms, health facilities with on-site food facility and 100+ beds, large venues and events,
APPROVED
CITY COUNCIL
11/15/2021
MOA Amendment Edible Food Recovery Program
November 15, 2021
Page 2
local education agencies with on-site food facility and State agency cafeterias over 5,000 sq. ft. or 250+ seats. Athens
Services, the City’s franchised hauler, has identified eleven (11) Tier 1 and seven (7) Tier 2 businesses currently required
to participate. The list will be reviewed and adjusted annually by the Consultant.
The City of Azusa’s share for participating in the program are as follows:
• January 1, 2022 - December 31, 2022: Not-to-exceed $24,597
• January 1, 2023 - December 31, 2023: Not-to-exceed $22,297
• January 1, 2024 – August 1, 2024: Not-to-exceed $22,907
The MOA executed by the City Manager needs to be amended to include Tasks 5 & 6 for a total cost not-to-exceed $69,801
to cover program charges from January 1, 2022 to August 1, 2024. The MOA Amendment requires City Council approval.
FISCAL IMPACT:
There is no fiscal impact to the City. The total cost for Tasks 1 to 6 in amount not-to-exceed $86,760 will be paid from the
annual Edible Food Recovery Program support of $50,000 per year as part of the amended contract with Athens Services.
Prepared by: Reviewed and Approved:
Liza Sagun Manny Robledo
Environmental Programs Specialist Director of Utilities
Reviewed and Approved: Reviewed and Approved:
Paul Reid Sergio Gonzalez
Environmental Programs Manager City Manager
Attachments:
1) Amendment 1 SGVCOG Food Recovery Memorandum of Agreement
2) SGVCOG Food Recovery Memorandum of Agreement
1
AMENDMENT NO. 1
TO
MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS AND THE CITY OF AZUSA 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 Azusa
(the “City”) For Participation in the San Gabriel Valley Regional Food Recovery Program, dated
November 15, 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 through 4 of the Program 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 i) develop and implement an Inspection
Program for food generators and food recovery organizations located within the City of
Azusa, as defined under Tasks 5 and 6 of the Program’s Scope of Work (“Attachment A”),
ii)revise the invoice submittal process, and iii) 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.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 $86,760.00
(includes consultant, SGVCOG administrative fees and all payments due from City), as
Attachment 1
2
follows:
• Invoice the City for Tasks 1 through 4 of the Scope of Work in an amount not to
exceed $16,959.00 after execution of the MOA. Payment of this first invoice will
be due within thirty (30) days of the City’s receipt thereof.
• On or about the Effective Date of this Amendment, invoice the City for the work
to be performed under Tasks 5 and 6 of the Program Scope of Work from the
Effective Date to December 31, 2022, in an amount that does not exceed
$24,597.00. Payment of this 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 and 6 of the Program Scope of Work from January 1, 2023 to December
31, 2023, in an amount that does not exceed $22,297.00. Payment of this 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 Tasks 5 and 6 of the Program Scope of Work from January 1, 2024 to August
1, 2024 in an amount that does not exceed $22,907.00. Payment of this 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 6 of the Program Scope of Work 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.”
III. The following Subsection 8 shall be added to Article III. Responsibilities of the Parties,
Section A as follows:
“8. SGVCOG shall cause its consultant(s) to perform Tasks 5 and 6 of the Program
Scope of Work, as defined in Attachment A, for Tier 1 and Tier 2 commercial edible
food generators and food recovery organizations located within the City of Azusa, as
directed by the City.”
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.
[Signature page to follow]
3
The Parties hereby enter into this Amendment upon the Effective Date as is set forth above.
FOR THE CITY OF AZUSA:
By:___________________________
Sergio Gonzalez
City Manager
Date:__________________________
ATTEST:
______________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
APPROVED AS TO FORM:
_______________________________
Best Best & Krieger LLP
City Attorney
FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS:
By: ____________________________
Marisa Creter
Executive Director
Date:___________________________
APPROVED AS TO FORM:
________________________________
David DeBerry
General Counsel
4
ATTACHMENT A
TASKS 5 AND 6
OF
SAN GABRIEL VALLEY REGIONAL FOOD RECOVERY
PROGRAM SCOPE OF WORK
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.
5
Deliverable: Meeting notifications, agendas, and notes.
Task 6.2 Implement Inspection Schedule and Plan:
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
6
o Includes 3 visits to the food recovery agencies/organizations that are
located in the City’s jurisdiction per calendar year
• Irwindale
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
7
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
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.
Attachment 2