HomeMy WebLinkAbout12 PILOT COMMERCIAL FOOD WASTE PGM 12-01-09Agenda Item 12
•
AGENDA REPORT C tylManager
Finance Director N/A
MEETING DATE: DECEMBER 1, 2009
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: DOUGLAS S. STACK, ACTING DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVAL OF A JOINT COOPERATIVE AGREEMENT FOR THE PILOT
COMMERCIAL FOOD WASTE DIVERSION PROGRAM
SUMMARY
The City of Tustin, working in cooperation with the Cities of Aliso Viejo, Dana Point, Laguna Hills,
Laguna Niguel, Rancho Santa Margarita, San Juan Capistrano, and the unincorporated Community
of Rossmoor, desires to enter into a Joint Agreement which establishes the framework for the
implementation of a Pilot Commercial Waste Diversion Project (Project). The Project is funded
through a Regional Recycling and Waste Diversion Grant administered by the County of Orange.
The City of San Clemente will be acting as lead agency and CR&R Incorporated will be providing
the necessary waste collection and recycling services.
RECOMMENDATION
It is recommended that the City Council approve the Joint Cooperative Agreement with the City of
San Clemente and authorize the Mayor and City Clerk to execute the agreement on behalf of the
City.
FISCAL IMPACT
There is no fiscal impact to the City. In-kind services will be provided by each agency, respectively.
The Regional Recycling and Waste Diversion Grant provided by the County of Orange, is in the
amount of $400,000.
DISCUSSION
Approximately 40% of the City's waste stream is from business customers. Restaurants,
supermarkets and other food handling businesses present a special challenge for waste haulers
due to the presence of food waste in the mixed waste stream.
In an effort to address the food waste issue on a regional basis, the City of San Clemente has
agreed to act as the lead agency fora $400,000 County of Orange Grant Program to implement a
Pilot Commercial Food Waste Diversion Project (Project) for Orange County cities serviced by
CR&R, Inc. Other participants in this Project are the cities of Aliso Viejo, Dana Point, Laguna Hills,
Laguna Niguel, Rancho Santa Margarita, San Juan Capistrano, and the unincorporated Community
of Rossmoor.
The Project is intended to establish commercial food waste diversion equipment and facilities to
generate business interest in diverting food waste from Orange County landfills. It is estimated that
the Project could result in the diversion of approximately 20 to 40 tons per week from County
landfills.
As the lead agency for the Project, the City of San Clemente has agreed to execute a Funding
Assistance Agreement with the County of Orange and subsequently execute an agreement with
CR&R, Inc. to provide the services needed for implementation.
Approval of a Joint Cooperative Agreement for a Food Waste Diversion Program
December 1, 2009
Page 2
The proposed agreement requires each participating City to provide staff as needed to publicize the
Project, identify target businesses within each City, and cooperate with County reporting
requirements. The Project will last for approximately one year and all participants will review the
results at its conclusion to determine lessons learned and whether it is an operationally and
financially viable Waste Diversion option for cities to pursue further implementation.
The City Attorney has reviewed and approved this Joint Cooperative Agreement and staff
recommends City Council approval.
u I .Stack
A ~ g irector of Public Works/City Engineer
Joe yers
Admi Istrative Services Manager
Public Works Department
Attachment: Joint Cooperative Agreement
Approval of Coop Agmt -Pilot Food Waste Diversion Program Agmt.docx.
JOINT COOPERATIVE AGREEMENT
FOR THE PILOT COMMERCIAL FOOD WASTE DIVERSION PROGRAM
BETWEEN THE
CITY OF SAN CLEMENTE;
CITY OF ALISO VIEJO;
CITY OF DANA POINT;
CITY OF LAGUNA HILLS;
CITY OF LAGUNA NIGUEL;
CITY OF RANCHO SANTA MARGARITA
CITY OF SAN JUAN CAPISTRANO; and
CITY OF TUSTIN
THIS JOINT COOPERATIVE AGREEMENT ("Agreement") is made and entered into this
day of , 2009, by and between the City of San Clemente ("San
Clemente"), the City of Aliso Viejo ("Aliso Viejo"), the City of Dana Point ("Dana Point"), the City
of Laguna Hills ("Laguna Hills"), the City of Laguna Niguel ("Laguna Niguel"), the City of Rancho
Santa Margarita ("Rancho Santa Margarita"), the City of San Juan Capistrano ("San Juan
Capistrano"), and the City of Tustin ("Tustin"), which hereinafter are sometimes referred to
individually as the "Party" or collectively as the "Parties."
RECITALS
WHEREAS, San Clemente, in cooperation with the Cities of Aliso Viejo, Dana Point,
Laguna Hills, Laguna Niguel, Rancho Santa Margarita, San Juan Capistrano, and Tustin, and the
unincorporated Community of Rossmoor, submitted a Proposal ("Proposal") to the Orange County
Waste and Recycling Department ("County") for a Regional Recycling and Waste Diversion Grant
to implement a Pilot Commercial Food Waste Diversion Project ("Project") within the jurisdictional
boundaries of the Parties;
WHEREAS, the Project, which is described in the Proposal, is targeted toward collecting
food waste from at least the top five generators of restaurant or market food waste ("Generators")
within the jurisdictional boundary of each Party for up to twelve months to evaluate the
effectiveness of diverting food wastes from landfill disposal;
WHEREAS, the Proposal identified San Clemente as the Lead Agency for the Project on
behalf of the Parties, and identified CR&R Inc. ("CR&R") to provide food waste collection services
for the Project;
WHEREAS, on August 25, 2009, the County Board of Supervisors approved the Proposal
for the Maximum Level of Service as described in the Proposal; and
WHEREAS, the Parties desire to enter into this Agreement in order to establish a
framework for cooperation in completing the administrative, publicity and evaluation tasks of the
Project.
4. Term.
Unless extended by amendment to this Agreement, the term of this Agreement shall expire
on the earlier of the following: 1) County acceptance of the Final Project Report as noted in
the Proposal; or 2) June 30, 2011.
5. San Clemente Responsibilities.
a. As Lead Agency for the project and as required by the County, San Clemente shall enter
into a separate County Agreement for the Project at the Maximum Level of Service as
described in the Proposal. The County Agreement is attached as Exhibit "B" to this
Agreement. San Clemente shall provide to each Party a copy of the executed County
Agreement for the Project.
b. As Lead Agency for the Project, San Clemente shall enter into a separate agreement
with CR&R ("CR&R Agreement") to implement the food waste collection tasks of the
Project as described in the Proposal. The CR&R Agreement is attached as Exhibit "C"
to this Agreement. San Clemente shall provide to each Party a copy of the executed
CR&R Agreement for the Project.
c. San Clemente shall be responsible for providing approximately two hundred fifty (250)
hours of San Clemente personnel and/or consultant time with incidental expenses, as
needed to carry out its share of the Project within its jurisdictional boundaries and in its
role as Lead Agency for the Project, including administration, publicity, data evaluation,
and reporting tasks as described in the Proposal.
d. San Clemente may, in consultation with the Parties, authorize or accept a greater or
lesser share of total Project benefits. Any such action must be in conformance with the
minimum requirements of the Proposal for attaining the Maximum Level of Service
with respect to food waste diversion.
e. San Clemente shall submit the personnel time documented by the Parties to the extent
required by the County Agreement, along with documentation of non-reimbursable
expenditures by CR&R, and documentation of payment by San Clemente of
reimbursable expenditures to CR&R Inc., on a quarterly basis to the County to
document allowable expenditures and the Local Matching Contribution under the terms
of the County Grant for the Project.
f. San Clemente shall be responsible for submitting reports and documents required by the
County Agreement to the County. San Clemente shall be responsible for maintaining
the schedule for the Project. San Clemente shall compile all necessary information and
analyses for the Project activities on a timely basis for incorporation into the required
reports and documents. Upon request by the Parties, San Clemente shall submit copies
of all progress reports and expenditure reports submitted to the County concurrently to
the Parties.
3
third business day after the notice is deposited in the United States Mail with postage
prepaid, certified mail, return receipt requested; or on the first business day after the
notice is delivered to a recognized overnight courier service and addressed as above.
Notwithstanding the above, Parties may also provide notices by facsimile transmission
or electronic mail, and any such notice so given shall be deemed to have been given
upon receipt during normal business hours, or in the event of such receipt after business
hours, on the following business day.
c. The Parties hereto may change the address to which notices are to be sent by giving
written notice of such change to the other Parties.
9. Termination.
a. Any Party may terminate this Agreement if another Party has materially defaulted in its
obligations herein set forth, and the terminating Party has provided the defaulting Party
with written notifications of such determination, and the defaulting Party has refused to
cure same. The written notification shall set forth the nature of the actions required to
cure such default if curable. The defaulting Party shall have thirty (30) days from the
date of the written notification to cure such default or to appeal. If such default is not
cured or appealed within the thirty (30) days, the termination shall be deemed effective.
b. If San Clemente is the defaulting Party, then San Clemente and the other Parties agree to
confer and select a new Lead Agency to continue with the Project, and to reassign any
Project resources or assets from San Clemente to the other Parties.
c. If a Party other than San Clemente is a defaulting Party, then any Project resources or
assets allocated to the defaulting Party under the Project shall be forfeited and returned
or reassigned to San Clemente for use on the Project, which could include reallocation
of the defaulting Party's resources/assets to San Clemente and/or one or more of the
other non-defaulting Parties.
d. Termination pursuant to this Section 9 shall be made by providing written notice to the
non-terminating Party, which notice shall state the date upon which such termination is
effective. Notice shall be served as provided in Section 8.
10. Indemnification
a. San Clemente hereby agrees to indemnify, defend (with counsel acceptable to each
Party), release and hold harmless each Party, its elected and appointed officials, officers,
employees, agents (including their contractors and subcontractors), licensees, and
representatives (collectively, the "Party Indemnitees"), and each of them, and their
property, from all loss, liability, damages, claims, costs and expenses (including
attorneys' fees and court costs) arising out of or based upon the willful misconduct or
negligent acts or omissions of San Clemente or the San Clemente Indemnitees in
performing this Agreement; provided, however, that nothing contained in this
subparagraph shall operate to relieve each Party or its Party Indemnitees from any loss,
5
exclusive jurisdiction of any litigation between the Parties arising out of this Agreement.
b. This Agreement shall be governed by, and construed under, the law of the State of
California.
c. In addition to any other rights or remedies, any Party may take legal action, in law or in
equity, to cure, correct, or remedy such default, to recover damages for such default, to
compel specific performance of this Agreement, to obtain declaratory or injunctive
relief, or to obtain any other remedy consistent with the purposes of this Agreement.
The rights and remedies of the Parties are cumulative and the exercise by any Party of
one or more of such rights or remedies shall not preclude the exercise by it, at the same
or different times, of any other right or remedies for the same default or any other
default by the other Parties.
d. Service of process shall be made in any manner permitted by law and shall be effective
whether served within or outside of California.
15. Attorne, s~Fees.
In any legal proceeding involving the interpretation of this Agreement, the Party prevailing
in the final judgment in such action or proceeding, in addition to any other relief which may
be granted, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include
reasonable costs for investigating such action, conducting discovery, retaining expert
witnesses, and all other necessary costs the court allows which are incurred in such
litigation.
16. Waiver and Interpretation.
Titles or captions contained herein are inserted as a matter of convenience and for reference,
and in no way define, limit, extend, or describe the scope of this Agreement or any
provisions hereof. No provision in this Agreement is to be interpreted for or against a Party
because that Party or its legal representative drafted such provision.
17. Amendments.
No amendment to, addition to, alteration of, or variation nor any oral understanding or
agreement not incorporated herein, shall be valid unless made in writing and signed and
approved by the Parties.
18. Entire Agreement.
This document sets forth the entire agreement between the Parties, and supersedes any prior
or contemporaneous oral or written agreements on the subject matter herein.
19. Authority.
7
IN WITNESS WHEREOF, each Party hereto has executed this Agreement by its duly
authorized representatives as ofthe date set forth above.
CITY OF SAN CLEMENTE
100 Avenida Presidio
San Clemente, CA 92672
By:
Mayor
Attest:
By:
City Clerk
Approved as to Form:
By:
CITY OF ALISO VIEJO
12 journey, Suite 100
Aliso Viejo, CA 92656
By:
Mayor
Attest:
By:
City Clerk
Approved as to Form:
By:
City Attorney
City Attorney
CITY OF DANA POINT
33282 Golden Lantern
Dana Point, CA 92629
By:
Mayor
Attest:
By:
City Clerk
Approved as to Form:
By:
CITY OF LAGUNA HILLS
24035 El Toro Road
Laguna Hills, CA 92653
By:
Mayor
Attest:
By:
City Clerk
Approved as to Form:
City Attorney
9
By:
City Attorney
CITY OF LAGUNA NIGUEL
27801 La Paz Road
Laguna Niguel, CA 92677
By:
Mayor
Attest:
By:
City Clerk
Approved as to Form:
By:
City Attorney
CITY OF RANCHO SANTA MARGARITA
22112 El Paseo
Rancho Santa Margarita, CA 92688
By:
Mayor
Attest:
By:
Cit} ~lerk
Approved as to Form:
By:
City Attorney
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
By:
Mayor
Attest:
By:
City Clerk
Approved as to Form:
By:
City Attorney
CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92780
By:
Mayor
Attest:
By:
City Clerk
Approved as to Form:
<',~,~/
By:
ity Attorney
10