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HomeMy WebLinkAboutReso 186-2021 (21-795)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 186-2021 File Number: 21-795 Enactment Number: RES 186-2021 RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN MATEO TO ESTABLISH AN EDIBLE FOOD RECOVERY PROGRAM CONSISTENT WITH CALIFORNIA CODE OF REGULATIONS, TITLE 14, DIVISION 7, CHAPTER 12 (SHORT-LIVED CLIMATE POLLUTANTS) WHEREAS, in September 2016, Governor Edmund Brown Jr. set methane emissions reduction targets for California (SB 1383 Lara, Chapter 395, Statutes of 2016) in a statewide effort to reduce emissions of Short -Lived Climate Pollutants (SLCP); and, WHEREAS, the City of South San Francisco has and will continue to collaborate with CalRecycle as well as South San Francisco Scavenger Company, Inc., and San Mateo County, to implement SB 1383 programs in accordance with state guidelines and requirements; and, WHEREAS, San Mateo County's Board of Supervisors has enacted a Mandatory Organic Waste Disposal Reduction Ordinance as required by the California Code of Regulations, Title 14, Division 7, Chapter 12 Short -Lived Climate Pollutants; and WHEREAS, to promote consistency within jurisdictions throughout San Mateo County and leverage economies of scale, the County has offered to lead the creation of a County -wide Edible Food Recovery Program on behalf of the unincorporated areas of the county and all the jurisdictions in the County; and WHEREAS, the City of South San Francisco City Council supports this Memorandum of Understanding and authorizes the County to operate an Edible Food Recovery Program on behalf of and within the City. NOW, THEREFORE, the City Council of the City of South San Francisco resolves as follows: 1. The Memorandum of Understanding (MOU) with the County of San Mateo for the establishment of an Edible Food Recovery Program consistent with California Code of Regulations, Title 14, Division 7, Chapter 12 Short -Lived Climate Pollutants, attached hereto and incorporated herein as Exhibit A, is hereby approved. City of South San Francisco Page 1 File Number: 21-795 Enactment Number: RES 186-2021 2. The City Manager is authorized to executed the MOU on behalf of the City in substantially the same form as Exhibit A, subject to approval as to form by the City Attorney, and is authorized to take any additional actions consistent with the intent of this resolution. At a meeting of the City Council on 10/27/2021, a motion was made by Councilmember Nicolas, seconded by Councilmember Flores, that this Resolution be approved. The motion passed. Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember Coleman, and Councilmember Flores Attest by 4�1 Rosa Govea Acosta, City Clerk City of South San Francisco Paye 2 1 MEMORANDUM OF UNDERSTANDING BETWEEN JURISDICTION OF CITY OF SOUTH SAN FRANCISCO AND COUNTY OF SAN MATEO FOR THE ESTABLISHMENT OF AN EDIBLE FOOD RECOVERY PROGRAM CONSISTENT WITH CALIFORNIA CODE OF REGULATIONS, TITLE 14, DIVISION 7, CHAPTER 12 SHORT-LIVED CLIMATE POLLUTANTS THIS MEMORANDUM OF UNDERSTANDING (MOU), entered into this 1st day of December 2021, by and between the County of San Mateo, hereinafter called "the County", and the “City of South San Francisco”, hereinafter called "the Jurisdiction"; W I T N E S S E T H: WHEREAS, the County’s Board of Supervisors has enacted a Mandatory Organic Waste Disposal Reduction Ordinance as required by the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants; and WHEREAS, to promote consistency within jurisdictions throughout San Mateo County and leverage economies of scale, the County has offered to lead the creation of a County-wide Edible Food Recovery Program on behalf of the unincorporated areas of the county and all the jurisdictions in the county; and WHEREAS, the City of South San Francisco’s City Council approved this Memorandum of Understanding on _______________ and authorizes the County to operate an Edible Food Recovery Program on behalf of and within the Jurisdiction. NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. Tasks to be Completed by the Jurisdiction A. The County will create and coordinate the Edible Food Recovery program on behalf of the Jurisdiction, if the Jurisdiction performs each of the following actions: a) adopts and makes part of its municipal code an enforceable ordinance establishing an Edible Food Recovery program as required under the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants, including the specific provisions provided to the Jurisdiction by the County of San Mateo for edible food recovery definitions, requirements for Tier One and Tier Two Edible Food Generators, and requirements for Food Recovery Organizations and Food Recovery Services; and b) enters into this Memorandum of Understanding; and c) provides the County with a list and schedule of “large events” as defined by the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants occurring in the Jurisdiction; and 2 d) after consultation with the County, is responsible for coordinating the required edible food recovery regulations for those “large events” occurring in the Jurisdiction; and e) authorizes, by ordinance, the County to enforce California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants in Section 1(A)(a) above, and to incorporate such authorization to include, without limitation, the authority to inspect, investigate, hold hearings, issue citations, and/or assess administrative fines on behalf of the Jurisdiction as its Designee for Edible Food Recovery; and f) develops a method to accept written complaints, including anonymous complaints, regarding an entity that may be potentially non-compliant with the Edible Food Recovery requirements as required under the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants, and direct all such complaints to the County; and g) acknowledges, by ordinance, that, notwithstanding this Memorandum of Understanding, the Jurisdiction is, as stated in California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants, ultimately responsible for compliance with the said Code. 2. Services to be Performed by the County A. The County shall create and coordinate an Edible Food Recovery Program compliant with California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants on behalf of the Jurisdiction so long as this Memorandum of Understanding is in effect in its entirety. B. The County shall provide such services and activities for the Jurisdiction as described in Exhibit A, attached hereto and incorporated by reference herein. C. The County shall offer only to provide services relating directly to the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants Edible Food Recovery regulations with the exception of a yearly analysis to be conducted by the County to estimate the amount of Green House Gas (GHG) emissions reduction to be attributed to edible food recovery activities in the Jurisdiction for use in their climate action plans. D. The County shall provide the Jurisdiction with the information and data necessary for the Jurisdiction to make their required reports to CalRecycle. E. The County will not be obligated to provide services if modifications are made to the ordinance by the Jurisdiction, which omits existing provisions and/or reduces the impact of the ordinance in any way. 3. Consideration The benefit of this MOU to the Jurisdiction is that it alleviates the need for staff, cost analysis, capacity assessment, expenditures for infrastructure, labor, administration, and record keeping for the edible food recovery activities in their jurisdiction. 3 The benefit of this MOU to both the County and the Jurisdiction is that this approach will create one uniform, standardized, and coordinated effort throughout the incorporated and unincorporated areas of San Mateo County. 4. Relationship of Parties It is expressly understood that this is an agreement between two independent entities, the County and the Jurisdiction, and that no individual agency, employee, partnership, joint venture, or other relationship is established by this MOU. The intent by both the County and the Jurisdiction is to create an independent collaborative relationship. 5. Hold Harmless A. Except as provided in subsection (B) below, the Jurisdiction shall indemnify and save harmless the County and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Memorandum of Understanding, brought for, or on account of, any of the following: a) Injuries to or death of any person, including the Jurisdiction or its employees/officers/agents; b) Damage to any property of any kind whatsoever and to whomsoever belonging; or c) Any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of the County and/or its officers, agents, employees, or servants. However, the Jurisdiction’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which the County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty of the Jurisdiction to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code. B. With respect to coordinating, implementing, and/or enforcing the required edible food recovery regulations for those “Large Events” (as defined by the California Code of Regulations, Title 14, Division 7, Chapter 12) occurring in the Jurisdiction pursuant to section 1.A.d. above, a) The County shall indemnify, defend, and hold harmless the Jurisdiction and its officers, agents, and employees against all damages, claims, liabilities, losses, and other expenses, including without limitation attorneys’ fees and related costs, whether or not a lawsuit or other proceeding is filed, to the extent that they arise out of the negligence or willful misconduct of County officers, agents, or employees arising out of coordinating, implementing, and/or enforcing the required edible food recovery regulations for those Large Events occurring in the Jurisdiction. 4 b) The Jurisdiction shall indemnify, defend, and hold harmless the County and its officers, agents, and employees against all damages, claims, liabilities, losses, and other expenses, including without limitation attorneys’ fees and related costs, whether or not a lawsuit or other proceeding is filed, to the extent they arise out of the negligence or willful misconduct of Jurisdiction officers, agents, or employees arising out of coordinating, implementing, and/or enforcing the required edible food recovery regulations for those Large Events occurring in the Jurisdiction. C. A party seeking indemnity and defense under this section shall provide the indemnifying and defending party with prompt notice of any claim and give control of its defense and settlement to the indemnifying and defending party. The party seeking indemnity and defense shall also cooperate in all reasonable respects with the indemnifying and defending party, its insurance company, and its legal counsel in its defense of such claim. The obligation to defend and indemnify pursuant to this section shall not cover any claim in which there is a failure to give the indemnifying and defending party prompt notice, but only to the extent that such lack of notice prejudices the defense of the claim. The indemnifying and defending party may not settle any potential suit hereunder without the other party’s prior written approval, which will not to be unreasonably withheld, conditioned, or delayed. If a party who owes indemnity and defense under this section fails to promptly indemnify and defend a covered claim, the other party shall have the right to defend itself, and in such case, the party owning indemnity and defense shall promptly reimburse the other party for all of its associated costs and expenses. D. The obligations imposed by this section shall survive termination or expiration of the Memorandum of Understanding. 6. Amendment of MOU and Merger Clause This MOU, including the Exhibit attached hereto and incorporated herein by reference, constitutes the sole MOU of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. In the event that any term, condition, provision, requirement or specification set forth in this body of the MOU conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any exhibit and/or attachment to this MOU, the provisions of this body of the MOU shall prevail. Any prior MOU, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and will become effective when signed by both parties. 7. Records The County shall maintain and preserve all records relating to this MOU in its possession and those of any third-party performing work related to this MOU for a period of five (5) years from the termination of this MOU. 5 8. Assignability The County shall have the right to assign this MOU or any portion thereof to a third party or subcontract with a third party to perform any act required under this MOU without the prior written consent of the Jurisdiction. 9. Notices Any written notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited with the United States Postal Service, postage prepaid, or when transmitted by email communication, addressed: In the case of the County, to: Carolyn Bloede, Director County of San Mateo Office of Sustainability 455 County Center, 4th Floor Redwood City, CA 94065 Email: [email protected] In the case of the Jurisdiction, to: Eunejune Kim, Director of Public Works/City Engineer City of South San Francisco 550 North Canal Street South San Francisco, CA 94080 Email: [email protected] 10. Controlling Law and Venue The validity of this MOU, the interpretation of its terms and conditions, and the performance of the parties hereto shall be governed by the laws of the State of California. Any action brought to enforce this action must be brought in the Superior Court of California in and for the County of San Mateo. 11. Term and Termination Subject to compliance with the terms and conditions of the MOU, the term of this MOU shall commence on January 1, 2022 and shall automatically be renewed from year to year on the same terms and conditions. This MOU may be terminated without cause by the Jurisdiction or the County’s Director of Office of Sustainability or the Director’s designee at any time upon thirty (30) days written notice to the other party. 6 12. Authority The parties warrant that the signatories to the MOU have the authority to bind their respective entities. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands. COUNTY OF SAN MATEO CITY OF SOUTH SAN FRANCISCO By:____________________________ By:____________________________ Carolyn Bloede Mike Futrell Director, Office of Sustainability City Manager Date: __________________________ Date: __________________________ 7 EXHIBIT A - SCOPE OF ACTIVITIES The activity listed below relating to the County of San Mateo’s Edible Food Recovery Program will be conducted by the County and the Jurisdiction. I. Establishment 1.The County will develop and coordinate a standardized and uniform San Mateo County- wide Edible Food Recovery Program consistent with and compliant to California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants. The program will operate within the Jurisdiction’s boundaries and replace the need for the Jurisdiction to create such a program on their own. This program will operate in the unincorporated areas of the county as well as all jurisdictions in the county agreeing to similar MOUs. II.Enforcement 1.The County will conduct enforcement of the ordinance within the Jurisdiction using a complaint-based system consistent with the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants. The County will respond to complaints, investigate, and resolve reported issue(s). 2.The County will follow enforcement provisions detailed in the ordinance and described in the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants. 3.The County will keep detailed records of enforcement in the Jurisdiction for a minimum of five (5) years. 4.The County will provide the necessary records to the Jurisdiction for the Jurisdiction’s required reporting about Edible Food Recovery work to CalRecycle. 5.The County will notify the Jurisdiction promptly about any related issues that arise that require the Jurisdiction’s assistance or to request the Jurisdiction lead in resolving the issue(s) related to noncompliance. 6.The Jurisdiction will work with the County on any related issues requiring jurisdictional assistance or lead in resolving the issue(s) related to complaints and/or noncompliance by any Tier 1 and Tier 2 Edible Food Generator or Food Recovery Organization and Service as defined in the California Code of Regulations, Title 14, Division 7, Chapter 12 Short- Lived Climate Pollutants and operating within the Jurisdiction’s boundaries. 3875538.2