HomeMy WebLinkAboutE-4 Staff Report - Approval of MOA Amendment No 3 - Edible Food Recovery ProgramCONSENT ITEM
E-4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
V IA: SERGIO GONZALEZ, CITY MANAGER
FROM: TIKAN SINGH, GENERAL MANAGER
DATE: JULY 17, 2023
SUBJECT: APPROVAL OF THE THIRD AMENDMENT TO THE MEMORANDUM OF
AGREEMENT WITH THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS (SGVCOG) FOR THE CITY’S PARTICIPATION IN THE
REGIONAL EDIBLE FOOD RECOVERY PROGRAM
BACKGROUND:
The City of Azusa is currently participating in the Regional Edible Food Recovery Program
administered by the San Gabriel Valley Council of Governments (SGVCOG) to meet the
requirements set by SB 1383 to recover 20% of edible food otherwise sent to landfills by 2025. On
August 15, 2022, the City Council accepted Organic Waste Recycling (OWR-1) grant funds from
the California Resources Recycling and Recovery (CalRecycle) for $70,912. OWR-1 is a local
assistance grant to help jurisdictions implement their SB 1383 programs. Grant funds were
budgeted for the continued implementation of a regional edible food recovery program to pay for
consultants, staff costs, education and outreach, and the purchase of equipment to increase the
capacity of local food recovery organizations to rescue edible food for distribution.
RECOMMENDATIONS:
Staff recommends the City Council take the following action:
1) Approve a Third Amendment to the Memorandum of Agreement between the City of
Azusa and the San Gabriel Valley Council of Governments (SGVCOG) for
implementing a Regional Edible Food Recovery Program, in a form acceptable to City
Attorney, on behalf of the City.
ANALYSIS:
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. To comply, the City of Azusa implemented an edible food recovery and enforcement
Approved
City Council
July 17, 2023
Third MOA Amendment – Regional Edible Food Recovery Program
July 17, 2023
Page 2
program through a regional program administered by the SGVCOG as specified in the initial
Memorandum of Understanding to complete an initial evaluation to identify food recovery
organizations and their capacity to accept edible food, estimate the amount of edible food generated
by commercial edible food generators, and to develop and implement an outreach and education
plan for participating cities. The City Manager signed the MOA on October 5, 2021, in an amount
not to exceed $16,959.
On November 15, 2021, the City Council approved a First Amendment to MOA due to changes in
the scope of work to include annual inspection services up to 2024 and provide additional funding
needed in an amount not to exceed $86,760.
On August 15, 2022, the City Council approved a Second Amendment to MOA to revise the
invoicing schedule and scope of work to reflect the updated number of inspections of Tier I and
Tier II edible food generators and food recovery organizations and to incorporate the City’s
participation in the development of sub-regional food recovery hubs of the San Gabriel Valley
Regional Food Recovery Program in an amount not to exceed $95,792. OWR-1 grants received by
the City were budgeted for the increased cost.
Staff is seeking approval for a Third Amendment to MOA to increase the compensation amount to
$106,634 to provide support for sub-regional food hubs, such as purchasing equipment and/or
covering staff costs; revise education and outreach tasks to reflect services to be provided; and add
an invoice for equipment cost earmarked in SB 1383 local assistance grant (OWR-1).
FISCAL IMPACT:
There is no fiscal impact on the City. The City’s participation in the SGVCOG Edible Food
Recovery Program funding will be split between SB 1383 Local Assistance Grant in the amount
of $66,059, and the remaining balance of $40,575 is funded by Athens Services edible food
recovery program support to the City.
Prepared: Reviewed and Approved:
Liza Sagun Tikan Singh
Environmental Programs Specialist General Manager
Fiscal Review by: Reviewed and Approved:
Talika Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachment:
1) Amendment #3 SGVCOG Food Recovery Memorandum of Agreement
1634628.1
AMENDMENT NO. 3
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. 3 (“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
October 5, 2021, and amended on November 17, 2021, and September 12, 2022, 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.SGVCOG and City agreed to amend the MOA under Amendment No. 1 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;
C.SGVCOG and City agreed to amend the MOA under Amendment No. 2 to revise the
invoicing schedule and scope of work to reflect the updated number of inspections of edible
food generators and food recovery organizations and to incorporate Tasks 7-9 to participate
in the expansion of the San Gabriel Valley Regional Food Recovery Program; and
D.SGVCOG and City desire to amend the MOA under this Amendment No. 3 to revise the
scope of work, invoicing schedule and the overall not-to-exceed MOA amount to support
the development of the selected subregional food recovery hub(s). Support to the
subregional food recovery hub(s) will be funded by the City’s awarded funds from the
California Department of Resources Recycling and Recovery’s (CalRecycle) SB 1383
Local Assistance Grant Program.
NOW THEREFORE, the Parties agree to amend the MOA as follows:
I.Article III. Responsibilities of the Parties, Section A. Subsection 7 shall be deleted in its
entirety and replaced with the following:
“7. Submit invoices to the City, in a total amount that does not exceed $106,634 (includes
consultant, SGVCOG administrative fees and all payments due from City), as follows:
•After the execution of the MOA, invoice the City for Tasks 1-4 of the Scope of
Work in an amount not to exceed $16,959.00. Payment of invoice will be due
within thirty (30) days of the City’s receipt thereof.
Attachment 1
1634628.1
• On or about November 15, 2021, 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 $23,616. Payment of the 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 $18,495. Payment of invoice will be due within thirty
(30) days of the City’s receipt thereof.
• On or about January 15, 2023, invoice the City to cover SGVCOG and consultant
staff costs under Tasks 7-9 of the Scope of Work from August 1, 2022, to March
30, 2024, in an amount that does not exceed $9,803.64. Payment of the invoice will
be due within thirty (30) days of the City’s receipt thereof.
• On or about August 1, 2023, invoice the City to support the subregional food
recovery hub development under Tasks 7-9 of the Scope of Work in an amount that
does not exceed $13,008.36. Payment of the 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 $24,752. Payment of 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 1-9 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.
II. Article III. Responsibilities of the Parties, Section A shall be amended to add the following:
8. Provide support to facilitate the development of the subregional food recovery hubs
III. Attachment A to Amendment No. 2 entitled “Tasks 7-9 Scope of Work San Gabriel Valley
Regional Food Recovery Program Phase II Expansion” shall be deleted in its entirety and
replaced with the revised Attachment A, which is attached hereto and incorporated herein
by this reference.
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, Amendment No. 1, or Amendment No. 2, 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 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
1634628.1
ATTACHMENT A
TASKS 7-9 SCOPE OF WORK
SAN GABRIEL VALLEY REGIONAL FOOD RECOVERY PROGRAM
PHASE II EXPANSION
Task 7 Project Management
Task 7.1 Kickoff Meeting
The Consultant shall conduct a kickoff meeting with the SGVCOG. The primary
objectives will be to review scope, schedule, project goals, and key issues.
Deliverables: Meeting notes and materials for kickoff meeting.
Task 7.2 Project Team Coordination
Monthly 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.
Deliverables: Meeting notifications, agendas, and notes.
Task 7.3 Project Management Update Meetings
The SGVCOG shall facilitate monthly meetings with the representatives of
participating cities to provide key project updates. These meetings can also be used
to obtain feedback and input on key discussions.
Deliverables: Meeting notifications, agendas, and presentations
Task 8 Subregional Food Recovery Hubs
Task 8.1 Food Recovery Hub Expansion Facilitation
The SGVCOG and Consultant shall develop and implement a process to identify
food recovery organizations (FROs) to serve as regional hubs. The Consultant shall
create a questionnaire/application to be shared with prospective FROs and assist
the SGVCOG in evaluating these food recovery organizations to select
approximately three food recovery organizations to serve as regional hubs. The
Consultant shall work with the SGVCOG and the selected food recovery
organizations to evaluate their current capacity and determine what would be
required to help increase their capacity in order to serve as a regional hub. The
Consultant shall evaluate elements including but not limited to the following:
• Food supply chain transportation and logistics;
• Existing network;
• Storage capacity and handling capabilities;
• Equipment; and
• Personnel needs.
1634628.1
The Consultant shall provide as-needed technical assistance to the SGVCOG and
the food recovery organization, as directed by the SGVCOG, to help identify and
secure the resources required to establish the FROs as regional food recovery hubs.
This could include but is not limited to recommending specific equipment and
storage, staffing needs, expansion of the food distribution network, and approaches
for maximizing food supply chain transportation and logistics. After the food
recovery hubs are established, the Consultant shall provide ongoing technical
assistance, as requested by the SGVCOG, to facilitate the success of the food
recovery hubs.
As part of the Consultant’s technical assistance, the Consultant shall assist on an
as-needed basis in facilitating workshops with the selected hubs, FROs, and edible
food generators to promote network building and provide a forum to share best
practices and resources.
Deliverables: Subregional food recovery hub questionnaire/application; monthly
report summarizing technical assistance provided.
Task 8.2 Capacity Expansion Support
The SGVCOG shall support the development of the selected subregional food
recovery hubs, such as purchasing equipment and/or covering staff costs. Funding
to support the hubs can be used to support the following:
• Equipment and Supplies (i.e., pallet jack, refrigeration, shelving, vehicles)
• Facility (i.e., improvements to accommodate equipment)
• Staff Salaries
• Technology (i.e., computers, software, apps)
• Training (i.e., safe food handling certifications)
Ownership of equipment purchased by the SGVCOG will be transferred to a
participating city by separate agreement.
The Consultant shall support coordinating with selected food recovery
organizations to facilitate the hub development process.
Deliverables: Presentation outlining support provided to selected food recovery
organizations; progress updates on capacity expansion efforts at monthly
meetings.
Task 9 Public Outreach
Task 9.1 Outreach and Education Plan
The SGVCOG shall expand on the existing comprehensive outreach and education
campaign for participating cities’ Tier 1 and Tier 2 edible food waste generators
and stakeholder groups and specify plans and schedules. The outreach and
education plan shall include, at a minimum, the following:
1634628.1
• Two workshops, such as educational workshops for edible food generators
and food recovery organizations,
• Three social media campaigns, and
• Two mailer/flyer mailing campaigns for participating cities throughout the
duration of this project. Upon request from City staff, materials can be
provided in Chinese and/or Spanish.
Deliverables: Outreach and education campaign plan; copies of outreach and
education materials