CC Resolution 13164 - West Valley Solid Waste Management Authority Agreement RESOLUTION NO. 13164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL TO
APPROVE THE AUTHORIZATION AGREEMENT BETWEEN THE CITY OF
CAMPBELL AND THE WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY
AND AUTHORIZE THE CITY MANAGER TO SIGN THE AUTHORIZATION
AGREEMENT
WHEREAS, the West Valley Solid Waste Management Authority (WVSWMA) was
established as a Joint Power Authority by the City of Campbell and the cities of Monte
Sereno, Saratoga, and the Town of Los Gatos (collectively referred to as the "Member
Agencies"), to arrange for and manage the waste reduction, collection, reuse, disposal,
recycling and diversion of discarded materials originating in the participating
municipalities; and
WHEREAS, the ,WVSWMA Member Agencies are parties to the Memorandum of
Agreement entered into on June 14, 2013 for the Santa Clara County Recycling and
Waste Reduction Technical Advisory Committee (RWRC TAC), which is a separate
Committee that advances the interests of party jurisdictions by performing technical and
policy review to inform parties and advise the Commission on solid waste management
issues, and bring together varied expertise and viewpoints for planning and
implementing the Commission approved annual workplan and budget; and
WHEREAS, California's Short-Lived Climate Pollutant Reduction law (SB 1383, Lara,
Chapter 395, Statutes of 2016) establishes methane reduction targets for California,
including a target to increase recovery by 20 percent of currently disposed edible food
for human consumption by January 1, 2025; and
WHEREAS, SB 1383 requires each jurisdiction in California to establish and monitor a
robust food recovery program, which will strengthen the relationships between
commercial edible food . generators and food recovery organizations within their
communities, requiring certain food businesses to send the maximum amount of edible
food they would otherwise dispose to food recovery organizations and/or services; and
WHEREAS, the RWRC TAC members as well as the WVSWMA Member Agencies
have previously agreed to jointly administer and fund the cost of a countywide edible
Food Recovery Program through the Memorandum of Understanding Among Local
Public Agencies in Santa Clara County for Food Recovery Program Costs entered into
and covering the time period of July 1, 2023 to June 30, 2024 ("Former MOU") to satisfy
their respective obligations under SB 1383 and the corresponding regulations; and
WHEREAS, due to the expiration of. the Former MOU, the RWRC TAC members
including the City of Campbell, have prepared a successor Memorandum of
Understanding for the Food Recovery Program ("Successor MOU"); and
•
WHEREAS, based on the WVSWMA's longstanding representation of Member
Agencies, the City desires to authorize the WVSWMA to act on its behalf, serve as its
representative, enter into the Successor MOU and fund the City's participation in the
countywide Food Recovery Program; and
WHEREAS, the Authority is willing to act on the City's behalf, serve as the City's
representative, enter into the Successor MOU and fund City's participation in the Food
Recovery Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
does hereby approve the Authorization Agreement between the City and the West
Valley Solid Waste Management Authority and authorizes the City Manager to execute
the Authorization Agreement and future extensions of the Agreements for the
countywide Food Recovery Program.
PASSED AND ADOPTED this 4th day of June, 2024 by the following roll call vote:
AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Susan M. Landry, ayor
ATTEST:
of
Andrea Sande City Clerk
a .
AUTHORIZATION AGREEMENT
THIS AUTHORIZATION AGREEMENT is made and entered into as of June _, 2024,
by and between the West Valley Solid Waste Management Authority (hereinafter
"Authority") of Santa Clara County, California, a Joint Powers Authority organized under
the laws of the State of California, and the City of Campbell, (hereinafter referred to as
the "City "). Authority and City shall be referred to collectively as the "Parties".
This Agreement is entered into with reference to the following facts and circumstances:
WHEREAS, Authority was 'established by the City and the cities of Monte Sereno and
Saratoga, and the Town of Los Gatos (collectively referred to as the "Member
Agencies"), pursuant to the provisions of the Joint Exercise of Powers Act (Title -1,
Division 7, Article'', Section 6500 et seq. of the California Government Code) to arrange
for and manage the waste reduction, collection, reuse, disposal, recycling, and diversion
of discarded materials originating in the participating municipalities; and
WHEREAS, the Member Agencies are parties to the Memorandum of Agreement
("MOA") entered into on June 14, 2013 for the Santa Clara County Recycling and Waste
Reduction Technical Advisory Committee ("TAC"), which is a separate Committee
created to assist the County of Santa Clara Recycling and Waste Reduction
Commission ("RWRC or Commission") that advances the interests of party jurisdictions
by performing technical and policy review to inform parties and advise the Commission
on solid waste management issues, and bring together varied expertise and viewpoints
for planning and implementing the Commission approved annual workplan and budget;
and
WHEREAS, California's Short-Lived Climate Pollutant Reduction law (SB 1383, Lara,
Chapter 395, Statutes of 2016) establishes methane reduction targets for California,
including a target to increase recovery by 20 percent of currently disposed edible food
for human consumption by January 1, 2025; and
•
WHEREAS, to meet the mandated statewide goal, SB 1383 requires each jurisdiction in
California to establish and monitor a robust food recovery program, which will
strengthen the relationships between commercial edible food generators and food
recovery organizations within their communities, requiring certain food businesses to
send the maximum amount of edible food they would otherwise dispose to food
recovery organizations and/or services; and
WHEREAS, the Parties with other local agencies have previously agreed to jointly
administer and fund the cost of a countywide edible Food Recovery Program ("the
Program") through the Memorandum of Understanding Among Local Public Agencies in
Santa Clara County for Food Recovery Program Costs entered into and covering the
time period of July 1, 2023 to June 30, 2024 ("Former MOU") to satisfy their respective
obligations under SB 1383 and the corresponding regulations; and
•
WHEREAS, due to the expiration of the Former MOU, the Parties and other local
agencies are currently preparing a successor Memorandum of Understanding for the
Program ("Successor MOU"); and
WHEREAS, based on the expertise of the staff of the Authority, the City desires to
authorize the Authority and its staff to act on its behalf, serve as its representative, enter
into the'Successor MOU and fund City's participation in the Program; and
WHEREAS, the Authority is willing to act on the City's behalf, serve as the City's
representative, enter into the Successor MOU and fund City's participation in the
Program. •
NOW, THEREFORE, for good and valuable consideration, the adequacy and
sufficiency of which, is hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. AUTHORIZATION. The City hereby authorizes the Authority to enter into the
Successor MOU on its behalf, perform all obligations and requirements under
the Successor MOU and serve as the City's representative in the Program.
2. FINANCIAL OBLIGATIONS. The Authority shall pay, on behalf of the City, all
fees owed by the City or its proportional share of the amounts owed by the
Member Agencies due under the Successor MOU.
3. TERM OF AUTHORIZATION. This authorization shall be valid.until such time
the City revokes the authorization by providing written notice to the Authority.
In addition, in the event the Authority does not adequately allocate funds for
participation in the Program, this Agreement shall terminate.
4. INDEMNIFICATION. Each Party ("Indemnitor") agrees to defend, indemnify,
and hold harmless the other Party, its respective officials, officers, employees,
agents and volunteers (collectively "Indemnitees") from any and all claims,
demands, damages, liability, losses, expenses, attorneys fees or costs
(collectively "Claims"), which Indemnitee may sustain or incur or which may
be imposed upon it, but only in proportion to and to the extent such Claims
result from, arise out of,, or in any manner are caused by Indemnitor's
negligent or intentional acts or omissions relating to this Agreement.
5. NON-ASSIGNABILITY. This Agreement shall not be assigned by either Party
without first obtaining the express written consent of the other Party.
6. ENTIRE AGREEMENT. The Parties agree that this Agreement constitutes
the sole and only Agreement between them regarding the Authority's
authorization to act on City's behalf in the Program and correctly sets forth
their obligations and duties with respect to each other.
7. AMENDMENT. This Agreement may be amended only by written consent of - '
the Parties.
8. GOVERNING LAW. This Agreement shall be construed in accordance with
and governed by the laws of the State of California.
9. SEVERABILITY. The unenforceability, invalidity, or illegality of any
provision(s) of this Agreement shall not render the other provisions
unenforceable, invalid, or illegal.
IN WITNESS HEREOF, the parties hereto are authorized and have executed this
Agreement on the day and year first written above.
AUTHORITY:
West Valley Solid Waste Management Authority
By:
Date Name: Rob Hilton
Title: Executive Director
CITY/TOWN:
City of Campbell
By:
Date Name: Brian Loventhal
Title: City Manager