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HomeMy WebLinkAbout13 APPROVE AMNDMT 1 TO A JOINT AGMT FOR THE PILOT COMMERCIAL FOOD WASTE DIVERSION PROGRAM• Agenda Item 13 ~=- ~ AGENDA REPORT Reviewed: City Manager Finance Director N/A MEETING DATE: JULY 19, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPROVE AMENDMENT NO. 1 TO A JOINT COOPERATIVE AGREEMENT FOR THE PILOT COMMERCIAL FOOD WASTE DIVERSION PROGRAM SUMMARY Staff is requesting the City Council to approve an amendment to the joint agreement for the pilot food waste program to extend the program to no later than June 30, 2012. RECOMMENDATION It is recommended that the City Council approve Amendment No. 1 to the Joint Cooperative Agreement and authorize the Mayor and City Clerk to execute the contract documents. FISCAL IMPACT There is no fiscal impact to the City associated with this action. DISCUSSION In December 2009, the City Council approved a Joint Cooperative Agreement that formalized a partnership between the City of San Clemente and seven other South Orange County cities to conduct a pilot commercial food waste collection and diversion program. The goal of this pilot program is to evaluate the process of diverting commercial food waste from landfill disposal and to help develop a permanent solution for this waste stream. The pilot program was funded by a $400,000 grant from the County of Orange and was anticipated to be completed by mid-2011. However, program operating costs have been less than expected which will allow the pilot program to continue until the end of 2011. The attached Amendment No. 1 changes only the term of the original Joint Cooperative Agreement by extending the term of the Agreement to the earlier of the following: 1) County acceptance of the Final Project Report; or 2) June 30, 2012. All other portions of the Agreement remain unchanged. The City Attorney's office has reviewed and approved Amendment No. 1 to the Joint Cooperative Agreement--., _. ~ s .Stack, P.E. r f Public Works/City Engineer Attachment: Amendment No. 1 to the Joint Agreement S:\City Council Items\2011 Council Items\Approval of Amendment No. 1 to Pilot Food Waste Program Agreement.docx FIRST AMENDMENT TO 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 First Amendment to Joint Cooperative Agreement for the Pilot Commercial Food Waste Diversion Program (this "First Amendment") is made and entered into on this day of , 2011, 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 A. The Parties entered into a Joint Cooperative Agreement for the Pilot Commercial Food Waste Diversion Program (the "Agreement") on November 17, 2009. B. The Parties wish to amend the Agreement in the manner provided herein. COVENANTS Section 1: Section 4 of the Agreement is hereby amended by extending the term of the Agreement to the earlier of the following: 1) County acceptance of the Final Project Report as noted in the Pilot Commercial Food Waste Diversion Program Proposal, provided as Exhibit A to the Agreement; or 2) June 30, 2012. Section 2: Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite their signatures. CITY OF SAN CLEMENTE 100 Avenida Presidio San Clemente, CA 92672 By: Mayor Attest: By: City Clerk Approved as to Form: By: City Attorney CITY OF DANA POINT 33282 Golden Lantern Dana Point, CA 92629 By: Mayor or Designee Attest: By: City Clerk Approved as to Form: By: City Attorney 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 OF LAGUNA HILLS 24035 El Toro Road Laguna Hills, CA 92653 By: Mayor Attest: By: City Clerk Approved as to Form: 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: City Clerk Approved as to Form: 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: By: City Attorney City Attorney