HomeMy WebLinkAboutAGMT - Golden Rain Foundation (SB 1383 Recovered Organic Waste Procurement Compliance) ABA
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Direct Service Provider Agreement
for SB 1383 Recovered Organic Waste Procurement Compliance
This Direct Service Provider Agreement("Agreement")is made and entered into this
16t day of August,2024("Effective Date")by and between the CITY OF SEAL BEACH
("City")and the GOLDEN RAIN FOUNDATION("Provider").City and Provider may be
individually referred to as a"Party"and collectively referred to as the"Parties".
Purpose.This Agreement sets forth the terms and conditions under which Provider
agrees to procure and use or give away to third-party users recovered organic waste
products in the form of compost meeting the requirements of California Code of
Regulations,Title 14,Section 18993.1(f)(1)("Compost")on behalf of City to assist
City in compliance with California Senate Bill 1383(SB 1383)and its implementing
regulations, particularly the Recovered Organic Waste Procurement requirements
in California Code of Regulations,Title 14,Sections 18993.1 and 18993.2.
Term.The term of this Agreement shall commence on the Effective Date and
remain in effect until August 15, 2025.
Provider Obligations.Provider is not obligated to procure a minimum amount of
Compost on behalf of City;however,when and if Provider procures Compost from
the County of Orange Waste and Recycling for use, or give away to third-parties
users, in the City, Provider shall procure such Compost on behalf of City as the
City's direct service provider and maintain and provide written documentation of
such procurement to City as described herein.
Provider shall maintain records of the following information for all Compost
procured pursuant to this Agreement:
a. Written invoice, manifest or other document evidencing procurement of the
Compost
b. The amount in tons or cubic yards of Compost procured and used or given
away for use
c. The name physical location and contact information of the facility from
whom the Compost is procured
d. The date on which the compost is procured
e. The type of Compost procured
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f. Where the Compost was used and,if applicable,where it was applied or that
it was given away for third-party use
g. Documentation that all Compost procured under this Agreement is not
attributable to any other jurisdiction's recovered organic waste procurement
target
Provider shall submit records maintained pursuant to this Agreement on a quarterly
basis.
Provider Warranties.The Provider warrants and covenants that all Compost
procured pursuant to this Agreement(a)meets the product requirements and
standards of California Code of Regulations,Title 14,Section 18993.1-18993.2,(b)
is not, has not, and will not be attributed to the procurement requirement of any
other jurisdiction, and (c)will be used by Provider or given away to third-party users
and not sold by Provider.
Independent Contractor. Provider shall act as an independent contractor in the
performance of this Agreement and in no respect shall Provider be considered an
agent or employee of City. No provisions of this Agreement shall be intended to
create a partnership or joint venture between Provider and City. Provider agrees
Provider's agents and employees have not right to Worker's Compensation or other
City-sponsored employee benefits.
Indemnification. Provider agrees to hold City harmless,for any injuries to person or
property arising out of the Provider's procurement,delivery or use of Compost
pursuant to this Agreement.
Entire Agreement.This Agreement contains the entire agreement between the
Parties with respect to the subject matter of this Agreement.
By signing below, both parties acknowledge and agree to the terms outlined in this
Direct Service Provider Agreement.
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CITY OF SEAL BEACH GOLDEN RAIN FOUNDATION
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Ji R. Ingram,City Ma a er Jan Isom, President
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Gloria Harper, City Clerk 9q,°et p 2.1.�'GR
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APPROVE AS TO FORM
Nicholas Ghirelli, City Attorney
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