HomeMy WebLinkAboutSUNSHINE MAKERS, INC. dba SIMPLE GREEN - 2000-08-07 CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
LETTER OF TRANS1%11TTAL OF ITE1%1 APPROVED BY THE CITY COUNCIL/
REDEVELOPti7ENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: August 16, 2000
TO: Simple Green, Div of Sunshine Makers ATTE1'TION: Fred Waterfall, V.P.
Name
15922 Pacific Coast Highway DEPARTtiIENT:
Street
Huntington Beach, CA 92649 REGARDING: Agreement to provide cash
City,state,zip
donations for Adopt-A-Beach Program
See Attached Action Agenda Item E-14 Date of Approval 08-07-00
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page x Agreement x Bonds Insurance x
RCA Deed Other
CC: R. Hagan Com. Serv. x x x
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Depar ment RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Dept. Insurance
(Telephone:714-536-5227)
Council/Agency Meeting Held: 1
Deferred/Continued to:
proved ❑ Conditionall A oved ❑ Deni Da - ity C ignature
until Meeting Date: August 7, 2000 Department ID Number: CSO0-032
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERt�
SUBMITTED BY: RAY SILVER, City Administrator
PREPARED BY: RON HAGAN, Director, Community Service
SUBJECT: AGREEMENT WITH SUNSHINE MAKERS,TIC. TO PROVIDE
CASH DONATIONS FOR ADOPT-A-BEACH PROGRAM
Statement of Issue,Funding Source,Recommended Action,Alternative Action(sj,Analysis.Environmental Status,Attachment(s)
Statement of Issue: Should the city enter into a five-year agreement with Simple Green to
continue the very successful Adopt-A-Beach Program?
Funding Source: Saves the city approximately $40,000 annually in off-season
maintenance costs.
Recommended Action: Motion to approve the Agreement with Sunshine Makers, Inc., dba
Simple Green, to provide cash donations in connection with the city's Adopt-A-Beach
Program; and authorize the City Administrator and City Clerk to execute the agreement.
Alternative Action(s):
1. Do not approve the Agreement with Sunshine Makers, Inc., and discontinue the Adopt-A-
Beach Program;
2. Modify the FY00/01 Beach Maintenance budget to include additional recurrent
maintenance staff during the winter months.
Analysis: Since 1992, the city and Simple Green have operated the Adopt A-Beach
Program. Simple Green, located in Huntington Harbour, has been the city's corporate partner
to provide cash stipends to the community, nonprofit groups that clean a portion of the city's
beach for a five-month period. In the past, the amount of the stipend has been $500 per
group. Simple Green has generously offered to increase the cash award to $750 per group
for the next five years. The groups use the Adopt-A-Beach Program as a community service
to help keep the city's beach clean during the winter, and as a fund-raiser for community
activities throughout the year.
R QUEST FOR COUNCIL ACTIN
MEETING DATE: August 7, 2000 DEPARTMENT ID NUMBER: CS00-032
In exchange for the cash awards to Adopt-A-Beach volunteers, Simple Green is allowed to
place signs with Simple Green logos on the back of the city's lifeguard towers which remind
the public to keep the beach clean. Simple Green provides concrete trash receptacles with
nine-inch Simple Green logos on the municipal pier. For the California Coastal Commission
annual beach clean-up day, Simple Green provides trashcans, t-shirts, and Simple Green
products for.volunteers. Finally, as part of the contract, Simple Green provides free Simple
Green product to the Community Services and Public Works Departments. The city uses
Simple, Green's environmentally safe, biodegradable, non-toxic, all-purpose cleaner for
maintenance at the beach, parks, etc. In addition to the savings realized for beach
maintenance recurrent staff, the cash value of the proposed agreement is over $30,000
annually. Thus, the total cash value of the five-year partnership with Simple Green is
$150,000.
Simple Green has been an excellent corporate partner and the Adopt-A-Beach Program has
been highly successful in the community. For a limited amount of commercial exposure,
Simple Green has been one of the main reasons that the city has been able to provide clean
beaches for residents and visitors. Staff recommends Council approve the five-year
agreement with Simple Green and continue the Adopt-A-Beach Program.
Environmental Status: nla
Attachments :
City Clerk's
- . . - NumberDescription
Agreement with Sunshine Makers, Inc., dba Simple Green
RCA Author: RH:cr
DocumenU -2- July 17,2000 11:16 AM
ATTACHMENT 1
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SUNSHINE
MAKERS, INC., DOING BUSINESS AS SIMPLE GREEN, TO PROVIDE CASH
DONATIONS IN CONNECTION WITH THE CITY'S ADOPT-A-REACH PROGRAM
THIS AGREEMENT, made and entered into tills 7th day of August , 2000, by and
between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and SUNSHINE MAKERS, INC., a California
corporation, doing business as SIMPLE GREEN, hereinafter referred to as "SIMPLE GREEN."
WHEREAS, CITY sponsors its Aclont-A-Beach program with respect to the entirety of its
beach system; that is, the beaches located both north and south of the Municipal Pier (Beach
Boulevard to Seapoint Avenue) fronting the Pacific Ocean ("CITY's Beach"); as well as the four
beaches located within Huntington Harbour("Huntington Harbour Beaches"); and
CITY implements this program by entering into written agreements with various non-
profit, community services groups and organizations (approximately 20 in number) pursuant to
which these groups and organizations, usually for a described 5-month period of the time during
the winter months, agree to provide weekly litter pickup within a designated area of CITY's
Beach or the Huntington Harbour Beaches; and
At the end of the 5-month period, these groups and organizations become eligible for
payment of a 5750.00 scholarship, cash award; such awards to be funded by SIMPLE GREEN,
but actually paid to such groups and organizations by CITY; and
The $750.00 scholarship cash awards are presented to these groups and organizations,
usually during the Spring of the year following the clean-up activities, either at a City Council
meeting or other location agreed upon by CITY and SIMPLE GREEN; and
Magee,`simple green:?G 00 I
During the term of this Agreement, SIMPLE GREEN agrees to donate the sum of
$15,000.00 per year to be used for these scholarships, in return for which CITY will allow
SIMPLE GREED, to, inter alia, advertise its products at various locations on CITY's Beach and
the Huntington Harbor Beaches; 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
SIMPLE GREEN has been selected by the City Council to assist in securing said
services,
NOW, THEREFORE, it is agreed by CITY and SIMPLE GREED as follows:
1. TERM
The term of this Agreement shall be for 4 years and 9 months, commencing on
November 1, 2000 and extending through July 31, 2005. If the parties wish to extend the term of
this Agreement beyond July 31, 2005, it will be necessary for them to negotiate and enter into a
new agreement.
2. SIMPLE GREED'S OBLIGATIONS
No later than April 1, 2001 (for the 2000-2001 winter clean-up period); and again
no later than April 1, 2002 (for the 2001-2002 winter clean-up period); and again no later than
April 1, 2003 (for the 2002-2003 winter clean-up period); and again no later than April 1, 2004
(for the 2003-2004 winter clean-up period); and finally no later than April 1, 2004 (for the 2004-
2005 winter clean-up period), SIMPLE GREEN shall provide an annual donation of 515,000.00
for CITY to provide cash scholarship awards to designated non-profit community groups as part
of its ADOPT-A-BEACH program.
00agreu/simple greeni716 00 2
SIMPLE GREEN shall designate a project coordinator/manager, who shall represent it
and be its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
3. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with SIMPLE GREEN in
the performance of this Agreement.
4. COMPENSATION
In consideration for SIMPLE GREEN's annual 515,000.00 cash donation for said
scholarships, CITY agrees to allow SIMPLE GREEN to engage in the activities described in
Paragraph 5 of this Agreement.
5. SCOPE OF SERVICES
CITY agrees to allow SIMPLE GREEN to place SIMPLE GREEN's signage, of
an educational nature, on CITY Lifeguard Towers located on CITY's Beach; as well as at
mutually agreed-upon locations within the Huntington Harbour Beaches. Such signage shall
conform to the dimensions available on the Lifeguard Towers or structures located within the
Huntington Harbour Beaches. The text and graphics of such signs shall be approved by CITY's
Director of Community Services ("Director") prior to SIMPLE GREEN's installation of them on
the Lifeguard Towers or on structures located within the Huntington Harbour Beaches. SIMPLE
GREEN waives any legal objection to the Director's right to approve the text or graphics orally
such sign. CITY will also permit SIMPLE GREEN to use CITY's trademark and to promote
"Simple Green" as the official "biodegradable. non-toxic, all-purpose cleaner of Surf City,
Huntington Beach." CITY further agrees to allow SIMPLE GREEN to do promotional events on
CITY's Beach a maximum of 6 times per year. Two of the 6 events shall be in coordination with
00agreelsimple green/7/6100 3
official coastal cleanup programs sponsored by CITY. The remaining 4 promotional activities
on CITY's Beach shall be determined by SIMPLE GREEN's submitting a request to the Director
for space at events on CITY's Beach in which SIMPLE GREEN would like to participate. CITY
shall make its best efforts to accommodate SIMPLE GREEN's request for promotional activities
at these events. However, final approval of SIMPLE GREEN's participation, or the extent of its
participation, is at the sole discretion of CITY. SIMPLE GREEN shall provide trash receptacles
for the Municipal Pier, and other CITY Beach locations mutually agreed to by the parties. Such
trash receptacles shall be of a design and quality mutually agreed to by the parties. SIMPLE
GREEN shall be allowed to place its logo on these trash receptacles but not to exceed a 9-inch
circle. STIVIPLE GREEN shall purchase all such trash receptacles and coordinate with the
assigned CITY staff person for delivery and placement. SIMPLE GREED and CITY may,
during the term of this Agreement, wish to purchase additional beach furniture (such as benches)
with SIMPLE GREEN's logo installed on such furniture. The type, design, location and
placement of such additional beach furniture shall, prior to installation, be mutually agreed to in
writing by the parties. CITY shall notify SIMPLE GREEN in advance of the presentation date
of all scholarship cash awards to designated non-profit community groups participating in the
Adopt-A-Beach program and invite SllV1PLE GREEN to be a part of the presentation at the
scheduled City Council meeting, or other location, where such presentation will take place.
SIMPLE GREEN shall provide CITY with SIMPLE GREEN's cleaning products as requested by
CITY to the extent possible as determined by SIMPLE GREEN. SIMPLE GREEN shall not
charge CITY for any of its products provided or delivered to CITY under this Agreement.
ODagree-Isimple green;7.'G GQ 4
6. EXTRA WORK
In the event CITY requires additional services not included in this Agreement, or
changes in the Scope of Services described in this Agreement, SIMPLE GREEN will undertake
such work only after the parties have agreed and signed a written amendment to this Agreement.
7. METHOD OF PAYMENT
SIMPLE GREEN shall pay its annual $15,000.00 cash donations directly to CITY
on or before the deadlines specified in Paragraph 2 of this Agreement. CITY shall place all such
monies in its general fund. CITY shall present the cash scholarships to the community groups
and organizations by July I" next following the winter time period in which such groups and
organizations performed beach clean-up activities. Any monies not used for community group
scholarships for the Adopl-A-Beach Program, plus accrued interest earned on such monies, shall
be spent by CITY for beach improvements.
8. INDEMtiIFICATION AND HOLD HARMLESS
CITY hereby agrees to indemnify, hold and save harmless SIMPLE GREEN. 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 SIMPLE GREEN,
its officers or employees.
9. INDEPENDENT CONTRACTOR
SIMPLE GREEN is, and shall be, acting at all times in the perfonmance of this
Agreement as an independent contractor. SIMPLE GREEN shall secure at its expense, and be
responsible for any and all payment of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for SIMPLE GREEN
00agreelsimple green/WWO0 5
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
10. TERM- NATION OF AGREEMENT
Either party may terminate this Agreement, with or without cause, upon 30 days
written notice to the other party. Notice shall be given in accordance with Paragraph 13 of this
Agreement. By the end of such 30 day notice period, SIMPLE GREEN shall have removed, at
its own cost and expense, all of its signage and logos from CITY Lifeguard Towers; from beach
furniture; from anywhere else on CITY's Beach; and from any approved location within the
Huntington Harbour Beaches; as well as.shall have removed from any of the above-listed
locations any beach furniture and/or trash receptacles that it solely owns.
11. ASSIGNMENT AND SUBCONTRACTING
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.
12. CITY EMPLOYEES AND OFFICIALS
SfYIPLE GREEN 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 California Government 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 SIMPLE GREEN's agent (as designated
herein) or to CITY's Director of Community Services as the situation shall warrant, or by
00agree/simple green/7/0100 6
enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United
States Postal Service, addressed as follows:
TO CITY: TO SIMPLE GREEN:
V, P,s �,�ws Pr�41 ions
Ron Hagan Fred Waterfall, g
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 92648
14. IMMIGRATIO)\
SIMPLE GREEN 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 the United States Code §1324a regarding employment veri fication.
15. ATTOR\EY'S FEES
In the event suit (including arbitration proceedings) 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 and court costs.
00agrreelsimple green/7/6%00 7
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.
SLVIPLE EEN CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California
By:
Bruce P. Fabrizio
President —`
City . mtnistra
,j rATTEST: 41X City Clerk
AND
APPROVED AS TO FORM:
By:
Chuck Leo, Ph.D. \� o City,4ttorney t3 'j b t7 0
Secretary 7cc17-O40
INITIATED. IE �'ED AND APPROVED:
rector f Community Services
00agrec:simplc green.'',.G00 8
i •
RCA ROUTING SHEET
INITIATING DEPARTMENT: COMMUNITY SERVICES
SUBJECT: APPROVE AGREEMENT WITH SIMPLE GREEN FOR
ADOPT-A-BEACH PROGRAM CASH AWARDS
COUNCIL MEETING DATE:I------ .- August 7, 2000
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Ordinance (w1exhibits & legislative draft if applicable) Not Applicable
Resolution (Mexhi bits & legislative draft if applicable) Not Applicable
—Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
CSigned in full b the gLtZ Aff omey) Attached
Subleases, Third Party Agreements, etc.
-LApproved as to form by City Attomey) Not Applicable
Certificates of Insurance (Approved q the City Attomy) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds If applicable) Not Applicable
Staff Report If applicable) Not Applicable
Commission, Board or Committee-Re2ort If a22licable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
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Administrative Staff Ue.
Assistant City Adminiittator (Initial)
City Administrator (Initial j_
rCity Clerk 41
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EXPL�ANAT..-!.O.N.:F...OR::,FtE.-.T..--URN':OF:::I.T-EM:i;'�.1 " '- . . . . ....................................
(Below Space For City Clerk's Use Only)
RCA Author.
CITY OF HUINTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
tiUNTINGTOM BEACH Connie Brockway, City Clerk
Office of the City Clerk
Liz Ehring, Deputy City Clerk II
To: p
Date: OD Meeting Date: O 7 0 _ Agenda Item:
Proposed City Cguncil Agenda 1ARms: The City Cleric's Office/City Administrator's Office must return your
agenda item due to the following requirements that have not been met. When your Agenda Item is ready to
resubmit, please return to: Elaine Kuhnke, Management Assistant, Administration
t. Signature(s) Needed
A On RCA
B On Agreement
C Other
2. Attachments
A Missing
B Not identified
C Other
3. Exhibits
A Missing
B Not identified
C Other
4. Insurance Certificate(Proof Of Insurance)
A Not attached
B Not approved by City Attorney's Office
C Signed form notifying City Clerk that department will be respa ible for obtaining insurance certificate on this item.{See form a(tached)
5. Wording On Request For Council Action (RCA) nclear
A Recommended Action on RCA not complete p 4
B Clarification needed on RCA
C Other -V i-1i
6. City Attorney Approval Required
7. Agreement Needs To Be Chang
A Page No. :
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8. Other
U'agendalmisrlrcaform