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Home My WebLink AboutSunshine Makers, Inc. dba Simple Green - 2026-06-16 \NTiNGTp 2000 Main Street, Huntington Beach,CA 92648 r City of Huntington Beach APPROVED 7-0 „will TV CP�\ro l File #: 26-553 MEETING DATE: 6/16/2026 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Eric Parra, Chief of Police PREPARED BY: Yasha Nikitin, Police Captain and Kimberly Rodriguez, Management Analyst Subject: Approve and Accept Donation Agreement by and Between the City of Huntington Beach and Sunshine Makers Inc, dba Simple Green Statement of Issue: The City has been offered a donation of hand soap valued at approximately $8,000 from the donor pursuant to a Donation Agreement dated June 2026. The donation consists of hand soap with an invoice value of$10.99 per gallon for use in beach area soap dispensers, beach restrooms with hand sinks, and the main promenade parking structures. City Council approval is required to authorize acceptance of the donation and execution of the Donation Agreement. Financial Impact: Acceptance of the donation will provide the City with approximately $8,000 worth of hand soap at no cost to the City, reducing expenditures that would otherwise be incurred for supplies. There is no direct fiscal impact associated with acceptance of the donation. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Donation Agreement by and between the City of Huntington Beach and Sunshine Makers Inc., dba Simple Green." Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: The proposed Donation Agreement provides the City with a supply of hand soap at no cost. Acceptance of the donation supports the City's efforts to maintain clean and sanitary public facilities City of Huntington Beach Page 1 of 2 Printed on 6/10/2026 powei528/Legistar File #: 26-553 MEETING DATE: 6/16/2026 while reducing operational supply costs. Under the agreement, the donor will provide hand soap with an invoice value of approximately $8,000. The City agrees that the donated soap will be used exclusively in the new beach area soap dispensers, beach restrooms equipped with hand sinks, and the main promenade parking structures. This restriction ensures that the donated product is utilized in the facilities identified by the donor while supporting public access to handwashing amenities in high-use areas. In consideration of the donation, the City will place a Simple Green sticker on the designated soap dispensers until the donated inventory, valued at $8,000, has been exhausted. Staff has reviewed the terms of the agreement and determined that acceptance of the donation provides a public benefit through cost savings and support of City restroom operations. Approval of the agreement will allow the City to accept and utilize the donated soap inventory while recognizing the donor's contribution in accordance with the terms of the agreement. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable -Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Simple Green Donation Agreement City of Huntington Beach Page 2 of 2 Printed on 6/10/2026 power$Q9 Legistar° DONATION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SUNSHINE MAKERS INC.,dba SIMPLE GREEN This Donation Agreement(the "Agreement") is made and entered into by and between the City of Huntington Beach, a California municipal corporation and charter city ("City"), and Simple Green,a California Corporation, ("Donor"). RECITALS City and Donor are parties to that certain Memorandum of Understanding dated /a rk,, 202 , and Donor has agreed to donate $8,000 in invoice value of hand soap at 10.99 per gallon; and Donor desires to donate and City desires to accept the hand soap and place in certain City restrooms as described herein, AGREEMENT NOW, THEREFORE, in consideration of the agreements herein contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Effective Date. This Agreement shall be effective upon on the date it is approved by the City Council of City ("Effective Date"). 2. Donation. In accordance with and subject to the terms and provisions of this Agreement, Donor is willing to donate $8,000 in invoice value of hand soap at 10.99 per gallon. The City agrees that the soap will only be used in the new beach area soap dispensers and beach restrooms with hand sinks and main promenade parking structures. City further agrees that in consideration of the donation, a Simple Green Sticker will be placed on these soap dispensers until the$8,000 in invoice value is exhausted. Neither Donor nor any agents,representatives, or employees of Donor have made any representations or warranties to the City or the City's Agents with respect to the condition,value, fitness, or use of the soap upon which the City has relied directly or indirectly for any purpose. The City acknowledges that it has been afforded the opportunity to make such inspections as it desires of the soap and to obtain information regarding operative or proposed governmental laws and regulations to which the soap is or may be subject. Except for those terms and provisions which expressly survive the termination of this Agreement,the City hereby completely releases and forever discharges Donor, Donor's employees, agents, or any other person acting on behalf of Donor, (collectively, the "Indemnitees") from and against all claims,actions, causes of action, demands, rights, damages, Offee6ye/App kyC, 6/meta 020,2<, 26-18264/415842 costs, expenses or compensation whatsoever, direct or indirect,known or unknown, foreseen or unforeseen (collectively, "Claims") arising from or in any way growing out of or connected with the soap or any law or regulation applicable thereto (collectively, the "Released Matters"). 3. Additional Representations and Warranties. City warrants that this Agreement constitutes a binding obligation of City. Donor warrants that this Agreement constitutes a binding obligation of Donor. 4. Attorneys'Fees. Should either party institute any action or proceeding to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provision hereof, each party shall bear its own costs and attorney's fees. The prevailing party shall NOT be entitled to receive any or all costs and expenses, including reasonable attorneys', consultants and expert witness fees incurred by such prevailing party in connection with such action or proceeding, at trial and on any appeal. 5. Assignment and Successors. This Agreement shall inure to the benefit of and shall be binding upon the parties to this Agreement and their respective heirs, successors, and assigns. 6. Notices. All notices (including requests, demands, approvals or other communications)under this Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as follows: Donor: City: Sunshine Makers, Inc., dba Simple Green City of Huntington Beach 15922 Pacific Coast Highway 2000 Main Street Huntington Beach, CA 92649 Huntington Beach, CA 92648 Attn: Jeff Hyder Attn: Police Chief or to such other addresses as Donor and City may respectively designate by written notice to the other. 7. Entire Agreement. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve City of all further obligation or claims. Donor has no other right or claim to compensation arising out of or connected with the acquisition of the Facility by City. 2 26-18264/415842 8. Severability. if any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable,the remainder of this Agreement shall not be affected. 9. Counterparts. This Agreement and any amendments hereto may be executed in any number of counterparts and by each party in separate counterparts, each of which when so executed and delivered shall be deemed an original and all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties ereto have executed this Agreement by and through their authorized officers on (?/D , 2026A 'rt/APProviet bifC%i<<u.11ccQ t"i 147/10/440 DONOR CITY . er&___ By: s: Mayor Its: City lerk APPROVED AS TO FORM: crIr City Attorno h6tc—� INIT TE ND APPROVED: /eve C/1 e)/oGce olice Chief REVIEWED AND APPROVED: City Manager A-rr 0g J 3 26-18264/415842 •• T I NGT o��.. .... oy�Z CITY OF 1'1 `co HUNTINGTON BEACH cGUNTV.;i� Lisa Lane Barnes I City C/erk June 23, 2026 Sunshine Makers, Inc., dba Simple Green Attn: Jeff Hyder 15922 Pacific Coast Highway Huntington Beach, CA 92649 Dear Mr. Hyder: Attached for your records is an executed copy of the Donation Agreement by and between The City of Huntington Beach and Sunshine Makers Inc., dba Simple Green, approved by the Huntington Beach City Council on June 16, 2026. Sincerely, Lisa Lane Barnes Elected City Clerk ea4-"q)' LLB:ds Enclosure Office: (714) 536—5227 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov