The URL can be used to link to this page

Home My WebLink AboutAgr 2022-08-18 (Single Use Foodware County of Marin)Page 1 of 5 AGREEMENT BETWEEN COUNTY OF MARIN AND TOWN OF TIBURON REGARDING ENFORCEMENT OF THE FOODWARE ORDINANCE This AGREEMENT (AGREEMENT), made and entered into this _____ day of ______________, 2022, by and between the COUNTY OF MARIN, hereinafter referred to as “COUNTY”, and the TOWN OF TIBURON, hereinafter referred to as “TOWN”, both in the State of California, collectively the “PARTIES”, for participation in the County Environmental Health Services (EHS) Reusable Foodware Ordinance Implementation and Enforcement Program (the “PROGRAM”). SECTION 1: RECITALS 1.1 Parties have the mutual desire and responsibility to protect the health, welfare, and safety of its citizens and economy. The proliferation of non-reusable (or disposable) foodware, packaging, and plastics has contributed to street litter, ocean pollution, marine, and other wildlife harm along with the greenhouse gas emissions from the production of the disposable materials. 1.2 Using reusable dishware significantly reduces the generation of unnecessary waste, and in most applications saves money, reduces disposal costs, and improves customer experience. 1.3 Non-reusable foodware threatens public health because many types contain fluorinated chemical additives are known or suspected carcinogens or endocrine disruptors. These additives are known to leach from foodware into food and beverage containers and into compost, soil, and water. 1.4 On May 10, 2022, COUNTY adopted a local Reusable Foodware Ordinance, and which includes language offering enforcement services via COUNTY’S Environmental Health Services for cities and towns in the County of Marin adopting the same ordinance for the food vendors in their jurisdictions. 1.5 TOWN is adopting a local Reusable Foodware Ordinance and wishes to utilize the enforcement services offered by COUNTY through COUNTY’S Environmental Health Services. 1.6 TOWN and COUNTY have determined that the public interest would be best served by the performance of these functions as provided in the Reusable Foodware Ordinance and as provided in this AGREEMENT. SECTION 2: PURPOSE OF THE AGREEMENT This AGREEMENT is entered into by and between the PARTIES to define the responsibilities of the PARTIES for the implementation enforcement of Reusable Foodware Regulations as defined in Town of Tiburon Municipal Code Chapter 10B. SECTION 3: PROGRAM DEFINITION AND SCOPE COUNTY shall act as the enforcement agency for the Reusable Foodware Ordinance, as detailed in Chapter 10B. As detailed in Chapter 10B, enforcement of Chapter 10B will begin on November 10, 2023. 18 August DocuSign Envelope ID: 5D1344C5-79ED-4D43-B0BD-8BEF3473F6AF Page 2 of 5 TOWN participation in the Program is encouraged but completely voluntary. However, development and implementation of such a program requires staff time and resources which would be exacerbated if jurisdictions joined the Program piecemeal over the course of several years. To address these potential cost impacts, there will be a one-time fee to join the Program. However, to encourage and incentivize jurisdictions to join during the initial development phase, COUNTY will waive the on-boarding fee for any jurisdiction that opts into the program within twelve (12) months of the COUNTY’S adoption of the ordinance. The one-time on-boarding fee was calculated based on the time and resources needed to revise COUNTY’S EHS Division systems to include additional businesses after the initial development period (estimated as 0.5 hours per food facility). The fee is scaled based on the number of food facility operators within the jurisdiction (see Table 1). Table 1: Environmental Health Division One-Time Enforcement Program Fee for Reusable Foodware Ordinance Jurisdiction Number of Food Facilities One-Time On-Boarding Fee Belvedere 3 $311 Corte Madera 58 $6,003 Fairfax 45 $4,658 Larkspur 49 $5,072 Mill Valley 70 $7,245 Novato 198 $20,493 Ross 6 $621 San Anselmo 56 $5,796 San Rafael 322 $33,327 Sausalito 70 $7,245 Tiburon 31 $3,209 If jurisdictions adopt the ordinance after the twelve (12) month period following COUNTY adoption, the EHS Division can still provide enforcement, but the fee would no longer be waived for those jurisdictions. SECTION 4: RESPONSIBILITIES 4.1 TOWN SHALL: a.TOWN has or shall adopt a Reusable Foodware Ordinance in compliance with andmirroring the Reusable Foodware Ordinance adopted by the COUNTY on May 10, 2022.b. Pay the onboarding fee as detailed in Section 4 above within 30 (thirty) days of writtenrequest for payment by COUNTY, unless otherwise waived. 4.2 COUNTY SHALL: a.Act is enforcement agency for the Reusable Foodware Ordinance for the TOWN as detailedin its Reusable Foodware Ordinance and in this AGREEMENT.b. Provide updates to TOWN of any modifications to its Ordinance or modifications to theenforcement Program. DocuSign Envelope ID: 5D1344C5-79ED-4D43-B0BD-8BEF3473F6AF Page 3 of 5 SECTION 5: TERM OF AGREEMENT AND TERMINATION. 5.1 This AGREEMENT shall remain in force unless terminated by either PARTY. Either PARTY may terminate this AGREEMENT by giving three (3) months written notice to the other PARTY. 5.2 In the event of termination of this AGREEMENT, any supplementary agreements may also be terminated in accordance with the termination provisions contained in such agreements. 5.3 If TOWN amends its Reusable Foodware Ordinance which, in the COUNTY’S sole determination and discretion, does not comport with the COUNTY’s Reusable Foodware Ordinance and Program, COUNTY may terminate this AGREEMENT at any time. SECTION 6: COMPLIANCE WITH LAW. In the performance of its obligations pursuant to this AGREEMENT, PARTIES shall comply with all applicable federal, state and local laws, ordinances and regulations in any manner affecting the performance of this AGREEMENT, and must at all times comply with such laws, ordinances, and regulations as they may be amended from time to time. SECTION 7. INDEMNIFICATION AND GENERAL LIABILITY TOWN shall indemnify, hold harmless, release and defend COUNTY, its officers, agents and employees from any and all liability, actions, claims, damages, costs or expenses, including attorneys' fees and the costs and expenses of suit which may be asserted by any complainant, arising in any respect, out of TOWN’s negligent or intentional acts or omissions arising under or related to this AGREEMENT. SECTION 8. OBLIGATIONS. Termination of this AGREEMENT will not invalidate the indemnification obligations of TOWN to COUNTY and/or obligations properly incurred by TOWN before the termination date to the extent those obligations cannot be canceled. SECTION 9. INTEGRATION. This AGREEMENT represents the entire AGREEMENT of the PARTIES with respect to the subject matter thereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. SECTION 10. AMENDMENT. Except as otherwise provided herein, this AGREEMENT may not be changed, modified or rescinded except in writing and approved by all parties hereto. SECTION 11. INDEPENDENT AGENCY. Each party performs the terms and conditions of this AGREEMENT as an entity independent of the other party. Each party’s agents or employees shall not be agents or employees of the other party to this AGREEMENT. SECTION 12. ASSIGNMENT. DocuSign Envelope ID: 5D1344C5-79ED-4D43-B0BD-8BEF3473F6AF Page 4 of 5 This AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party. SECTION 13. BINDING ON SUCCESSORS, ASSIGNEES OR TRANSFEREES. This AGREEMENT shall be binding upon the successor(s), assignee(s) or transferee(s) of TOWN. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this AGREEMENT other than as provided above. SECTION 14. SEVERABILITY. Should any part of this AGREEMENT be declared unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decisions shall not affect the validity of the remainder of this AGREEMENT, which shall continue in full force and effect provided that the remainder of this AGREEMENT can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. SECTION 15. SUCCESSORS; NO THIRD-PARTY BENEFICIARIES. Nothing in this AGREEMENT, whether express or implied, shall be construed to give any person or entity (other than the PARTIES hereto and their respective successors and assigns) any legal or equitable right, remedy or claim under or in respect of this AGREEMENT or any covenants, conditions or provisions contained herein. SECTION 16. CONTACTS AND NOTICES. All notices under this AGREEMENT shall be in writing (unless otherwise specified) delivered to the parties by hand, by commercial courier service, or by United States mail, postage prepaid, addressed to the parties at the addresses set forth below or such other addresses as the parties may designate by notice. For COUNTY: Greg Pirie, Deputy Director, Environmental Health Services County of Marin – Community Development Agency 3501 Civic Center Drive, Room 236 San Rafael, CA 94903 For TOWN: Dina Tasini, Director of Community Development Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 DocuSign Envelope ID: 5D1344C5-79ED-4D43-B0BD-8BEF3473F6AF Page 5 of 5 COUNTY: TOWN: By: _________________________ By: _________________________ ____________________________ ____________________________ Print Name Greg Chanis ____________________________ ____________________________ Print Title Town Manager APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: _____________________________ ___________________________ COUNTY Counsel Benjamin Stock, Town Attorney DocuSign Envelope ID: 5D1344C5-79ED-4D43-B0BD-8BEF3473F6AF