Title Environmental Management Department recommending the Board:
1) Make findings in accordance with Section 3.13.030 (B) of the County Ordinance that specialty skills and qualifications not expressly identified in County classifications are involved in the performance of the work;
2) Find that this Agreement is exempt from competitive bidding in accordance with Procurement Policy C-17, 3.4 Sole Source, Sections 2 and 3; and
3) Approve and authorize the Chair to sign Agreement 9617 with Breathe California to assist with meeting regulation requirements of SB 1383 for the amount of $169,164.00 and a term beginning upon execution and ending April 1, 2026.
FUNDING: Non-General Fund / State of California, Department of Resources Recycling and Recovery, SB 1383 Local Assistance OWR4 Grant.
Body
DISCUSSION / BACKGROUND
The Department of Resources Recycling and Recovery (CalRecycle) offered the SB 1383 Local Assistance Grant Program pursuant to Chapter 395, Statutes of 2016. This non-competitive grant program provided one-time funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383. To this end, the Environmental Management Department is proposing herein a contract with Breathe California (BREATHE), to meet regulation requirements and which shall be funded by the SB 1383 local assistance Grant OWR4 described below.
On February 26, 2024, the County received a notification letter that the County would receive a funding award of $416,857. Grantees may incur eligible costs only during the Grant Term, which starts on the date CalRecycle sends the award email and ends April 1, 2026. All grant expenditures must be for activities, products, and costs specifically included in the approved Budget. Costs must be incurred after the term start date. All services must be provided, and goods received during this period, to be eligible costs (Legistar file 24-1210, Attachment E). The grantee must also comply with all the stated Terms and Conditions of the grant.
The recommended acceptance of these OWR4 Grant Program funds authorized the Environmental Management Director, or designee, to execute the Grant Agreement and all reports and associated documents necessary to secure and expend the funds for the purpose of implementing this OWR4 Grant Program. Environmental Management will continue to obtain Board approval for acceptance of all grant and payment program funds pursuant to Board Policy A-6.
SB 1383 requires schools and local education agencies to prevent, reduce the generation of, and recycle organic waste. If they have an on-site food facility, they are required to recover edible food. While the laws and policies of SB 1383 help encourage changes in how we sort and separate our waste, education is essential for achieving effective long-term benefits. Investing in education about organics in our schools and children will significantly influence behavior changes at home.
Since 2018, BREATHE has been launched in more than 60 schools. The program is designed to reduce the amount of compostable and recyclable waste in landfills through education, outreach, and training. BREATHE provides administrative and key staff support, along with hands-on learning for students.
The Procurement of this Contract with BREATHE qualifies as exempt from Competitive Bidding pursuant to Purchasing Policy C-17 3.4 Section 2 and 3. Policy 3.4, Section 2 states that when “only one vendor is capable of providing the required item or service because…(a) a technological, specialized, unique character of the good (b) competition is precluded because of….secret processes or similar circumstances and no equivalent good is available or (G) when so directed by the Court, the funding source, as mandated by the State, or other relevant authority.” CalRecycle provides a list of qualified Vendors to perform the services required by SB1383 and BREATHE Ca is our qualified Vendor in El Dorado County. Section 3 further offers "Competitive Bidding would produce no economic benefit to the County." This Contract is necessitated by specific requirements of SB1383 and funded by CalRecycle to meet them. The funds must be spent in this manner or returned, therefore there is no economic benefit to the County to participate in a bidding process.
The Agreement with BREATHE meets the educational requirements of SB 1383 as dictated by acceptance of and funded by the OWR4 grant. The contract term will begin immediately upon execution and extend through April 1, 2026.
ALTERNATIVES
N/A
PRIOR BOARD ACTION
See Discussion/Background above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Procurement and Contracts, a division of the Chief Administrative Office
County Counsel
CAO RECOMMENDATION/COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Costs associated with this Agreement. Funding is provided through the SB 1383 local assistance grant, OWR4 cycle.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Clerk of the Board will obtain the Chair's signature on two (2) originals of the Agreement; and
2) Clerk of the Board will forward one (1) fully executed original Agreement to the Chief Administrative Office, Contracts and Procurement Unit, for further processing.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Jeffrey Warren, REHS
Director of Environmental Management