HomeMy WebLinkAboutSIMPLE GREEN - 1996-11-18 CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
November 20, 1996
Fred Waterfall, Director of Marketing
Simple Green, Division of Sunshine Makers, Inc.
15922 Pacific Coast Highway
Huntington Beach, California 92649
Dear Mr. Waterfall:
The City Council of the City of Huntington Beach at the regular meeting held
November 18, 1996, approved execution of the enclosed agreement between the
city and Simple Green, Division of Sunshine Makers, Inc., to provide scholarships
in connection with the city's Adopt-A-Beach program.
Enclosed is a duly executed copy of the agreement for your records.
Sincerely,
Connie Brockway
City Clerk
Enclosure: Agreement
G:followup:agrmtltr/Simple:jc
(Telephone: 714.536.5227)
J
&7m
Council/Agency Meeting Held: /! ��•�
Deferred/Continued to:
@--Approved ❑ C ndit'onally prov d ❑ Denied LICity Clerk's Sig tune
Council Meeting Date: November 18, 1996 Department ID Number: CS 96-042
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator
PREPARED BY: RON HAGAN, Director, Community Services,
SUBJECT: ADOPT-A=BEACH PROGRAM
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status Attachments
Statement of Issue: Should the city continue its Adopt-A-Beach Program with Simple
Green and the EGBAR Foundation?
Funding Source: Not applicable; this program saves the General Fund approximately
$30,000 per year in beach maintenance labor costs.
Recommended Action: Approve the agreement with Simple Green for the Adopt-A-Beach
Program, and authorize.the Mayor and City Clerk to execute same.
Alternative Actionlsl:
1. Do not approve the Adopt-A-Beach Program, and hire additional city personnel to
maintain the beach during the winter months; or
2. 'Recruit an alternative sponsor for the Adopt-A-Beach.Program.
Analysis: The city and Simple Green, a division of Sunshine Makers, Inc., through its
EGBAR Foundation, have had an Adopt-A-Beach agreement since 1992. This partnership
has proven highly successful and has saved the city over $30,000 a year in beach
maintenance labor costs. It is the desire of the city and Simple Green to extend the Adopt-
A-Beach Program for another five years.
This public/private partnership works as follows: in exchange for Simple Green/EGBAR
Foundation sponsoring seventeen beach cleanup stations (between lifeguard towers) for the
five month winter Adopt-A-Beach Program, Simple Green has permission to use the "SURF
CITY" mark and logo for promotional purposes, identify itself as the official biodegradable,
non-toxic, all purpose cleaner of Surf City Huntington Beach, use beach areas as
designated by the city for promotional events; and maintain signs on lifeguard towers that
remind people to keep the beach clean and to volunteer for the.Adopt-A-Beach Program.
REQUEST FOR COUNCIL ACTION
MEETING DATE: November 18, 1996 DEPARTMENT ID NUMBER: CS 96-042
Each community, nonprofit group that adopts one of the seventeen locations for the five
month winter cleanup period receives a $500 cash award from Simple Green for their
programs and activities. Therefore, not only is the beach kept clean by a large volunteer
effort over the winter months when the city has-no resources for beach maintenance, but
also, community groups are doing fund-raising for their activities as well as gaining an
.appreciation for keeping their beaches and community clean. All types of community groups
have participated in the Adopt-A-Beach Program over the past five years. We have had
school and sports groups, service and booster clubs, senior citizen organizations, scout
troops, etc. Everyone connected with the program has praised its innovative approach to
public/private sector cooperation. Without the Adopt-A-Beach Program, the city would have
to budget an additional $30,000 per year to hire recurrent employees to clean beaches
during the five month winter period.
Staff recommends the city continue its Adopt-A-Beach Program with Simple Green for
another five years.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
Page Number
Agreement and insurance
0021331.01 -2- 11/01/96 11:04 AM
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND SIMPLE GREEN, A DIVISION OF SUNSHINE MAKERS, INC.,
TO PROVIDE SCHOLARSHIPS IN CONNECTION WITH THE
CITY'S ADOPT-A-BEACH PROGRAM
THIS AGREEMENT, made an entered into this 18th day of November
1996, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the
State of California, hereinafter referred to as "CITY," and SIMPLE GREEN, a division of
SUNSHINE MAKERS, INC., a California corporation, hereinafter referred to as
"CONTRACTOR."
WHEREAS, CITY desires to engage the services of various non-profit community
groups to participate in the CITY's Adopt-a-Beach program; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code relating to procurement of service contracts have been
complied with; and
CONTRACTOR has been selected by the City Council to assist in securing said
services,
NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows:
1. WORK STATEMENT,
CONTRACTOR shall provide seventeen (17)five Hundred Dollar($500)
scholarships to designated non-profit community groups and perform all services as described
in Exhibit"A,"which is attached hereto and incorporated into herein by this reference. Said
services shall sometimes hereinafter be referred to as "PROJECT."
. CONTRACTOR shall designate a project coordinator/manager, who shall
represent in and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
1
3waimple/10/30/96
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONTRACTOR in the
performance of this Agreement.
.3. TERM
The term of this agreement shall be for five (5) years, commencing on
November 18, 1996 through April 15, 2001.
4. TIME OF PERFORMANCE
The services of the CONTRACTOR are to commence as soon as practicable
after the execution of this agreement and all tasks specified in Exhibit"A" shall be completed
as soon as practicable. The time for performance of the tasks identified in Exhibit"A" are
generally to be shown in the Scope of Services on the Work Program/Project Schedule. This
schedule may be amended to benefit the PROJECT if mutually agreed by the CITY and
CONTRACTOR.
5. COMPENSATION
In consideration of the performance of the services described in Section 1
above, CITY agrees to perform all duties specified in Section III, page 2 of the attached letter
dated December 10., 1991, included herein as if fully set forth at this place.
6. EXTRA WORK
In the event CITY requires additional services not included in Exhibit"A," or
changes in the Scope of Services described in Exhibit"A," CONTRACTOR will undertake such
work only after receiving a written amendment to this agreement from CITY.
7. METHOD OF PAYMENT OF SCHOLARSHIPS
The method of payment shall be as reflected in Exhibit"A."
2
3W81MPW10/30/96
8. INDEMNIFICATION AND HOLD HARMLESS
CITY hereby agrees to indemnify and hold and save harmless CONTRACTOR,
its officers and employees from any and all liability, including any claim of liability and any and
all losses or costs arising out of the negligent performance of this agreement by
CONTRACTOR, its officers or employees.
9. INDEPENDENT CONTRACTOR
CONTRACTOR is, and shall be, acting at all times in the performance of this
agreement as an independent contractor. CONTRACTOR shall secure at its expense, and be
responsible for any and all payments for all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONTRACTOR
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
10. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in accordance with the
professional standard of care for similar work performed be professionals of the same
discipline in this locale. CITY may.terminate CONTRACTOR's services hereunder at any time
with our without cause, and whether or not PROJECT is fully complete. Any termination of this
agreement by CITY shall be made in writing through the Director of Community Services,
notice of which shall be delivered to CONTRACTOR as provided herein.
11. ASSIGNMENT AND SUBCONTRACTORS
This agreement is a personal service contract and the work hereunder shall not
be assigned or delegated by either party to any other person or entity without the consent of
the other party.
3
Wsimpie/l0/30M
12. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this agreement. No officer or employee of CITY shall have
any financial interest in this agreement in violation of Califomia Govemment Code §1090, et
seq.
13. NOTICES
Any notices or special instructions required to be given in writing under this
agreement shall be given either by personal delivery to CONTRACTOR's agent (as designated
herein), or to the Director of Community, as the situation shall warrant, or by enclosing the
same in a sealed envelope, postage prepaid, and depositing the same in the United States
Postal Services, addressed as follows:
TO CITY: TO CONTRACTOR:
Ron Hagan Fred Waterfall, Director of Marketing
Director of Community Services Simple Green, Division of Sunshine Makers, Inc.
City of Huntington Beach 15922 Pacific Coast Highway
2000 Main Street Huntington Beach, CA 92649
Huntington Beach, CA 92647
14. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of 8
U.S.C. §1324a regarding employment verification.
15. ATTORNEY FEES
In the event suit is brought by either party to enforce the terms and provisions of this
agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
4
311deimple/ =0196
16. ENTIRETY
The foregoing, and Exhibit"A" attached hereto, set forth the entire agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
SIMPLE GREEN, div. SUNSHINE MAKERS, CITY OF HUNTINGTON BEACH, A
INC. municipal corporation of the State of
California
By.
Bruce P. FaBrizlo, P ident
Mayor
By: ATTES •
llina - r r-b :Sec tary -
City Clerk
REVIEWED AND APPROV
APPROVED AS T FORM:
City Administrator -
hb City Attorney
MITI D AND 4
Director of Commune y Services
5
3/k/slmple/10/8/96
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
COMMUNITY SERVICES DEPARTMENT
(714)536.5486
December 10 , 1991
Mr. Fred Waterfall
Director of Marketing/Special Events
Simple Green
Division of Sunshine Makers , Inc .
15922 Pacific Coast Highway
Huntington Beach, CA 92649
Dear Fred:
Re: Simple Green/Surf City, H.B. Adopt-A-Beach Corporate
Partnership
Thank you for your interest regarding the City of Huntington
Beach and Simple Green joining to provide a program to keep our
beaches clean during the winter months. As a follow up to
talking with Jessica, I have changed the proposal from the Egbar
Foundation to Simple Green.
I . INTRODUCTION
The City of Huntington Beach is faced with a severe budget
reduction in beach maintenance from October through March each
year. The beach maintenance operation during the summer months
has sixteen full-time personnel . From October to March, this is
• reduced to four people. The primary responsibility of this four-
man crew is to rake and sanitize the beaches, clean the rest
rooms and parking lots, and maintain all of the infrastructure,
such as the volleyball courts, toll booths, etc. Trash pickup by
city crews during these months is virtually impossible. Because
of these cutbacks, city beaches are piling up with trash depos-
ited by beach users . The City is seeking a corporate partnership
that would provide .an answer to this problem.
II . THE PROPOSED PARTNERSHIP
The City of Huntington Beach wishes to implement an Adopt-
A-Beach Program. The program would provide the opportunity for
community, nonprofit groups, such as, service clubs and organi-
zations, Boys and Girls Clubs , Scout Troops, school clubs and
organizations, church groups, and senior citizen groups to make
an application to the city to adopt a portion of the city beach
between two lifeguard towers. The selected community group would
provide weekly trash pickup at the designated site from October 1
through March 31 each year .
A Quality Life Through Education. Recreation and Culture
-EXHIBIT.."A"
Mr . Fred Waterfall December 10 , 1991
Page two
If the group successfully completes its adopt-a-beach
commitment, it would be awarded a $1 , 000 scholarship at the end
of the program. -The proposed program would have- two benefits to
the city: - 1 ) It would provide volunteer groups to pickup trash
on a weekly basis, thereby, keeping the beaches clean; and 2 ) It
would provide a way for nonprofit community groups to raise funds
for their community activities in the form of the annual scholar-
ship.
III . HOW SIMPLE GREEN CAN PI Y A PART
The City is looking for a corporate partnership that would
sponsor the $1 , 000 scholarships . In exchange for providing the
scholarships, the City would provide signage on each of the life-
guard towers indicating the corporation' s involvement in the
program. In addition, the city would do several promotion and
marketing campaigns providing exposure for the corporation in
this unique beach cleanup activity. In other words, .we would
provide signage on the lifeguard towers with the Simple Green
corporate name and colors with graphics and text to be designed
by Simple Green. We would also promote the program over HBTV3
and in numerous special events held on the beach throughout the
year. Of course, Simple Green would have the right to film
commercials and do other advertising showing its involvement in
the Adopt-A-Beach Program. Each year, in May, Simple Green would
present the nonprofit community groups with a scholarship check
for their successful completion of the Adopt-A-Beach Program.
This presentation would be made at a televised City Council
meeting.
IV. WHAT THE CITY OF HUNTINGTON BEACH WOULD DO
The Community Services Department, through its marine
safety and beach maintenance operations, would administer the
Adopt-A-Beach Program. The City would send out the attached
applications for the Adopt-A-Beach Program to all Huntington
Beach nonprofit groups and organizations. When the applications
were returned, the City -and Simple Green would review the organi-
zations and choose the appropriate organizations that would have
the capability of providing the necessary manpower to accomplish
the program. The City would then have the organizations sign the
attached memorandum of understanding which holds Simple Green
harmless and provides for the City to assume all liability for
the program. The City would provide a check-in point at
Mr. Fred Waterfall December 10 , 1991
Page three
Lifeguard Headquarters where the organizations would sign in on a
weekly basis . City staff would monitor the beach areas to make
sure that each organization does its weekly clean-up. In
addition, the City would promote recycling by providing special
bins for aluminum, glass and paper products collected as part of
the Adopt-A-Beach Program.
V. AQDTML NAL__D FOR THE FUTURE
In addition to the Adopt-A-Beach Program, we would also
like to explore with the Egbar Foundation, the possibility of
having the Egbar character make appearances at major city events ,
such as the Fourth of July Parade, and Ocean Pacific Surfing
Championships . We would also like to explore Simple Green doing
promotional programs at the beach over the summer months that may
include special clean up days , special contests with Simple Green
product sample distribution, and sponsorship of upcoming
activities on the new pier and Pier Plaza when they are
completed.
VI . SUMMARY
I would suggest that' the program be started on a small
scale and built into a larger one each year, with the maximum
number of scholarships eventually being twenty Adopt-A-Beach
groups each year. Since this school year has already begun, I
would recommend we designate five areas. on the south beach side
(between First Street and Beach Boulevard) and solicit community
groups to adopt these areas for the months of February and March.
If the five groups were successful in cleaning the beach every
week, Simple Green would provide them with a $200 scholarship.
This would require a first year commitment from Simple Green of.
$1, 000 . In the fall of 1992, if the spring program year were
successful , we could increase the program to seven or ten Adopt-
A-Beach areas which would require a commitment in June of 1993 of
$7, 000 to $10 , 000 in scholarships from Simple Green. The City
and Simple Green would do an annual evaluation of the program to
determine the parameters of the following year' s program based on
the number of community groups desirous of participating in the
program and Simple Green' s ability to provide scholarships .
The proposed partnership between Simple Green and the City
of Huntington Beach offers a unique opportunity for both
organizations to gain exposure for providing a community clean up
program that not only benefits the beach area but also provides
Mr. Fred waterfall December 10 , 1991
Page four
scholarships for nonprofit community service groups to further
their work in Huntington Beach. If Simple Green would also like
to provide its product to the City, we could make it the
"official city clean up product" and do endorsement programs
.accordingly.
Please contact me at 536-5292 after you have reviewed this
revised proposal so that we can work on the implementation if you
decide ' it would be beneficial. I will have the City Attorney
draft a proposed agreement between Simple Green and the City for
your review.
Sin rel ,
VI •
RO HAG
Director
Community Services
RH:cs
Attachments
cc: Jessica FaBrizio
L..� J� i.l_� '� J..iJ�T� �J.�_ _.... - llAT);(AfMrDD11'Y!
. ,
09/30/96
PRODUCER THIS CERTIFICATE IS ISSUED AS A MAITER OF INFORMATION
LocktOn Insurance Brokers, Inc ONLY AND CONFERS NO RIGF1TS UPON THE CERTIFICATE
HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
655 South Hope Street, 8th Fl ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Las Angeles CA 90017 COMPANIES AFFORDING COVERAGE
COMPANY
Ylwne No. 213.689-0065. Fax No. 213.68�._QO A Commerce & Industry
INSURED COMPANY
ob.I b B
Sunshine Makers, Inc. - n COMPANY
DINA
15922 Pacific Coast Hwy -
Huntington Beach CA 92649 COMPANY
n
C VitAGZJ;3
THIS IS TO CERTIFY THAT.THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD
INDICATED,NOTWITI-ISTAN DING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH R1:'SFEC'1'TU W111CH THIS
cf-RTIPICAITG MAY HE ISSUED OR MAY PERTAIN,THE INSURANCE Ai"l'ORDL;D BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALI,TFIE'1'MMS..
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MM/DD/YY) DATE.(MM(DD!YY)
GENERAL LIABILITY ! ' GENE_RALAGGREGATE s 2000000
A X COMMERCIAL ORNCRALI.IARII.ITY' 3408116 08/27/96 08/27/97 PRODUCTS-COMP/OPAGG IS 1000000
CI.AiMS MADE n OCCUR PERSONAL do ADV INJURY I; 100QQpQ
X OWNLR'S do CONTRACTOR'S PROT
EACH OCCURRENCE S 1000000
X Pol 1 ut i on _ ' FIRE DAMAGE(Any oils IIN) $50000
MED EXP(Any om pelsol0 115000
AUTOMOBILE LIABILITY
CAI j v ANY AUTO C:OMRINF.D SINGLE LIMn' S
L IIU� S TD
ALL OWNED AUTOS C j r �•, T�N C, BODILY INJURY
-_-- SCHEDULIM AUTOS fly. OR;r�,l, tray Person) .: _ ._, $ -
..._IH[RED AUTOS L�� I BODILY INJURY
�NIIN,OWNED Alfl'OS i D Z`y � �� (Per axidanl) S
A ttOr$@� PROPERTY DAMAGE ;
CARAOE L1A11If,1TY AUTO ONLY-EA ACCIDENT $
ANY AIITU EAID
-i OTHER THAN AUTO ONLY:
r^,I
O 8A AGGREGATE S .. ---
I EXCESS LIABILITY ^C I EACH OCCIIkRFNCI? $
UMBRELLA KJKM NEO AGGREGATE ;
OT14PR THAN UMRAEI.I.A CORM
W'OMMUS COMPENSATION AND WC S'1'A'1'li- UTIL• :::::.':...::.:-.
I D(PLOVRRS'LIABILITY
...... .... .
EL EACH ACCIDENT ;
I TJIE PROPRIETORI
INCI. r;L DISEASE-POWCY 11MIT ;
PARTNERS!ExECUTIvr Id
... ...,...__ _..
OFFICERS ARE: RXCI, EL DISEASE-CA EMPLOYEE Is
OTHER —
DESCRIPI'lON Or'UY>;RA'1'IllNtiil.,C1CAl7UN5/VEH1CL1tS/SYEGAL ITEMS
Rirtific to hold sr is named as additional insured as respects operations of
e named insurede.
TTt'III'`ICATE:HSa1.A1~R ".CANLLATIgN
HUNBE01 SIIOULD ANY OF TNR ABOVR DESCRIBED POLIUM BE CANCELLED BEFORE TIM
City of Huntington Beach EXPWATION DATE THEREOF,THE ISSUING COMPANY WILL RNDFAVOR TO MAIL
l t s Agents, Officers, and *3 Q DAYS WRITTEN NOTICE.TO THE CBk'I-IFICATE HOLDER NAMED TO TIM LEFT,
Employees
2000 Main Street
Huntington Beach CA 92648 XSt � 4FX7 ?C�f9{ •X
ADTHORIZED REPRESENTATIVE
1COR xfirS:fI;9,5): L � iCtL'CfIIATII?N 108
r
NAMED INSURED: SUNSHINE MARKERS, INC.
POLICY NUMBER: 3406115 COMMERCIAL GENERAL LIABXLITY
THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED - - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies ineuranc:e provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Yersan or Organization: City of Huntington Beach
its Agents, Officers, and Employees
2000 Main Street
Huntington Beach, CA 92648
(If no entry appears above, information required to complete this endorsement
will be shown in the Declarations as applicable to this endosement. )
WHO IS ITT INSURED (Section 11) is amended to include as an insured the person
or organization shown in the Schedule, but only with respect to liability
arising out of "your work" for that insured by or for you.
CG 2U 10 11 S5 Copyright, Insurance Services Office. Inc., 1984 MM