Title
Environmental Management Department recommending the Board Approve the following:
1) Accept a grant award from the State of California, Department of Resources Recycling and Recovery, SB 1383 Local Assistance Grant Program, OWR4 Cycle, Fiscal Year 2022-23, in the amount of $416,857 for the term beginning upon award and acceptance of funds through April 1, 2026;
2) Authorize the Environmental Management Department Director to execute the Grant Agreement and all grant-related documents including, but not limited to, amendments, requests for payment, reports, and all associated documents necessary to secure grant funds and implement the approved grant program;
3) 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;
4) Find that this Contract is exempt from competitive bidding in accordance with Procurement Policy C-17, 3.4 Sole Source, Sections 2 and 3; and
5) Approve and authorize the Chair to sign Agreement 8726 with Breathe CA to assist with meeting regulation requirements of SB 1383 for an amount of $166,305.03 and a term upon execution and ending June 30, 2025;
FUNDING: SB 1383 OWR3/OWR4 Grants.
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 Ca, to meet regulation requirements and which shall be funded by the SB 1383 local assistance Grants OWR3 and OWR4 described below.
On April 24, 2023, the County received a notification letter that County would receive a funding award of $212,198. On July 18th, 2023 the Board (Legistar File 23-1058) accepted the Grant funds, authorizing the Environmental Management Department, in accordance with the eligible activities and costs stipulated in the OWR3 Grant Program, to expend the funds for the purpose of deploying educational programs, cover administrative costs, potentially purchase a vehicle for inspections, and acquire software for tracking purposes.
Grantees may incur eligible costs only during the Grant Term, which starts on the date CalRecycle sends the award email and ends May 2, 2025. 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 (Attachment D). The grantee must also comply with all the stated Terms and Conditions of the grant (Attachment F).
On February 26, 2024, the County received a notification letter that 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 (Attachment D). The grantee must also comply with all the stated Terms and Conditions of the grant.
In accordance with Board of Supervisors Policy A-6, the Board is the sole authority for accepting grant awards and approving grant agreements. After acceptance of a grant award and approval of the grant agreement, the Board may elect to delegate authority to execute the grant agreement and other grant-related documents.
The recommended acceptance of these OWR4 Grant Program funds authorizes the Environmental Management Director 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.
SB1383 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 SB1383 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.
CalRecycle's website lists authorized and recommended programs within Counties to operate these programs and they directed El Dorado County to use BREATHE. 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 Agreement we bring to you today with Breathe Ca meets the educational requirements of SB 1383 as dictated by acceptance of the Grants OWR3 and OWR4, and will be funded by both. The contract term will begin immediately upon execution and extend through June 30, 2025. 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.
ALTERNATIVES
N/A
PRIOR BOARD ACTION
See Discussion/Background above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel has approved the Agreement.
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, OWR3 and OWR4 cycles.
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, Director
Environmental Management Department