HomeMy WebLinkAboutThe EcoHero Show LLC - Anti-Littering Education to Elementary Schools - 2025AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
THE ECOHERO SHOW LLC
THIS AGREEMENT is entered into on this 1' day of September, 2025, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and THE ECOHERO
SHOW LLC, a California limited liability company (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide educational in -
person and virtual presentations to promote litter abatement and recycling messaging to National
City Elementary Schools.
WHEREAS, the CITY has determined that the CONSULTANT is an educational
company that provides a program and presentation which introduces and educates elementary
school students on sustainable cultures at school such as litter reduction and recycling, and is
qualified by experience and ability to perform the services desired by the CITY, and the
CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the
CONSULTANT to provide educational in-peron and virtual presentations to promote litter
abatement and recycling messaging to National City elementary schools, and the CONSULTANT
agrees to perform the services set forth here in accordance with all terms and conditions contained
herein.
The CONSULTANT represents that all services shall be performed directly by the
CONSULTANT or under direct supervision of the CONSULTANT.
2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will
become effective on September 1, 2025. The duration of this Agreement is for the period of
September 1, 2025 through December 31, 2026. This Agreement may be extended by mutual
agreement upon the same terms and conditions for an additional one (1) year term. Any extension
of this Agreement must be approved in writing by the City Manager.
3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth
in the attached Exhibit "A".
The CONSULTANT shall be responsible for all research and reviews related to the
work and shall not rely on personnel of the CITY for such services, except as authorized in advance
by the CITY.
The CITY may unilaterally, or upon request from the CONSULTANT, from time
to time reduce or increase the Scope of Services to be performed by the CONSULTANT under
this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services.
4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello,
Director of Public Works/City Engineer hereby is designated as the Project Coordinator for the
CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall
assign a single Project Director to provide supervision and have overall responsibility for the
progress and execution of this Agreement for the CONSULTANT. Brett Edwards, CEO, Owner,
thereby is designated as the Project Director for the CONSULTANT.
5. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall
include labor classifications, respective rates, hours worked and also materials, if any. The total
cost for all work described in Exhibit `B" shall not exceed $14,915. The compensation for the
CONSULTANT's work shall not exceed the rates set forth in Exhibit `B". Monthly invoices will
be processed for payment and remitted within thirty (30) days from receipt of invoice, provided
that work is accomplished consistent with Exhibit "A", as determined by the CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONSULTANT in this
Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10)
business days, the CONSULTANT and the CITY shall each prepare a report which supports their
position and file the same with the other party. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONSULTANT.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2)
become the property of the CITY for use with respect to this project; and (3) shall be turned over
to the CITY upon completion of the project, or any phase thereof, as contemplated by this
Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY' S prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall,
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upon request of the CITY, execute any further document(s) necessary to further effectuate this
waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify,
assign, transfer, or in any other way, medium, or method utilize the CONSULTANT's written
work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims
any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual
property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14,
but only with respect to the effect of the modification or reuse by the CITY, or for any liability to
the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of Services of this project, unless otherwise mutually
agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement
to the CITY for entering into this Agreement was, and is, the professional reputation and
competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest
herein, may be assigned by the CONSULTANT without the prior written consent of the CITY.
Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as
many employees, or subconsultants, as the CONSULTANT may deem necessary for the proper
and efficient performance of this Agreement. All agreements by CONSULTANT with its
subconsultant(s) shall require the subconsultant(s) to adhere to the applicable terms of this
Agreement.
9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have
any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees,
except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents,
servants, or employees are not in any manner agents, servants, or employees of the CITY. The
CONSULTANT and its agents, servants, and employees are wholly independent from the CITY
and CONSULTANT's obligations to the CITY are solely prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable state and federal
statutes and regulations, and all applicable ordinances, rules, and regulations of the City of
National City, whether now in force or subsequently enacted. The CONSULTANT and each of its
subconsultant(s), shall obtain and maintain a current City of National City business license prior
to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
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required to practice its profession. CONSULTANT must promptly produce a copy of any such
license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants
that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the CONSULTANT's trade or profession currently practicing under similar conditions
and in similar locations. The CONSULTANT shall take all special precautions necessary to protect
the CONSULTANT'S employees and members of the public from risk of harm arising out of the
nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this Agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding,
been debarred by a governmental agency or involved in debarment, arbitration or litigation
proceedings concerning the CONSULTANT's professional performance or the furnishing of
materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when
no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products,
materials, processes or treatments identified in the project documents prepared for the CITY are
reasonably commercially available. Any failure by the CONSULTANT to use due diligence under
this sub -section will render the CONSULTANT liable to the CITY for any increased costs that
result from the CITY'S later inability to obtain the specified items or any reasonable substitute
within a price range that allows for project completion in the time frame specified or, when not
specified, then within a commercially reasonable time.
13. DRUG FREE WORKPLACE. The CONSULTANT agrees to comply with the
CITY's Drug -Free Workplace requirements. Every person awarded a contract by the CITY for the
provision of services shall certify to the CITY that it will provide a drug -free workplace. Any
subcontract entered into by the CONSULTANT pursuant to this Agreement shall contain this
provision.
14. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital
status, national origin, physical handicap, or medical condition. Such action shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places
available to employees and applicants for employment any notices provided by the CITY setting
forth the provisions of this non-discrimination clause.
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15. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any
part of the information that (i) has been disclosed in publicly available sources of information; (ii)
is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations, conclusions
or other results of the services or the existence of the subject matter of this Agreement without the
prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply
with all legal obligations it may now or hereafter have respecting the information or other property
of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 16.
16. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent
provided by law, The CONSULTANT agrees to defend, indemnify and hold harmless the City of
National City, its officers, officials, agents, employees, and volunteers against and from any and
all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims,
demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or
nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONSULTANT's performance or other obligations under this Agreement;
provided, however, that this indemnification and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful misconduct of the CITY, its agents,
officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action,
and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
17. EMPLOYEE PAYMENTS AND INDEMNIFICATION.
17.1 PERS Eli ig•bility Indemnification. If CONSULTANT's employee(s) providing
services under this Agreement claims, or is determined by a court of competent jurisdiction or the
California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS
of the CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment
of any employer and employee contributions for PERS benefits on behalf of the employee as well
as for payment of any penalties and interest on such contributions which would otherwise be the
responsibility of the CITY.
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CONSULTANT's employees providing service under this Agreement shall not: (1)
qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS;
(3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY
for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY
employee. CONSULTANT's employees hereby waive any claims to benefits or compensation
described in this Section 17. This Section 17 applies to CONSULTANT notwithstanding any other
agency, state or federal policy, rule, regulation, law or ordinance to the contrary.
17.2 Limitation of CITY Liability. The payment made to CONSULTANT under this
Agreement shall be the full and complete compensation to which CONSULTANT and
CONSULTANT's officers, employees, agents, and subcontractors are entitled for performance of
any work under this Agreement. Neither CONSULTANT nor CONSULTANT's officers,
employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health,
leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal
or state tax withholdings on behalf of CONSULTANT. The CITY shall not be required to pay any
workers' compensation insurance on behalf of CONSULTANT.
17.3 Indemnification for Employee Payments. CONSULTANT agrees to defend and
indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution
including any contribution to PERS, social security, salary or wages, overtime payment, or
workers' compensation payment which the CITY may be required to make on behalf of (1)
CONSULTANT, (2) any employee of CONSULTANT, or (3) any employee of CONSULTANT
construed to be an employee of the CITY, for work performed under this Agreement. This is a
continuing obligation that survives the termination of this Agreement.
18. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of
the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California,
the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments
thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold
harmless the CITY and its officers, employees, and volunteers from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and description,
including reasonable attorney's fees and defense costs presented, brought or recovered against the
CITY or its officers, employees, or volunteers, for or on account of any liability under any of said
acts which may be incurred by reason of any work to be performed by the CONSULTANT under
this Agreement.
19. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase
and maintain, and shall require its subconsultant(s), when applicable, to purchase and maintain
throughout the term of this Agreement, the following insurance policies:
A. ❑ If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and
volunteers as additional insureds, and a separate additional insured endorsement shall be provided.
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C. Commercial General Liability Insurance, with minimum limits of either
$2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property
damage arising out of its operations, work, or performance under this Agreement. The policy shall
name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a
separate additional insured endorsement shall be provided. The general aggregate limit must apply
solely to this "project" or "location". The "project" or "location" should be noted with specificity
on an endorsement that shall be incorporated into the policy.
D. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT's employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If CONSULTANT has no employees subject to the California Workers'
Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said
Declaration shall be provided to CONSULTANT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its
officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY's Risk Manager, at the address listed in subsection G below, of
cancellation or material change.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
G. The Certificate Holder for all policies of insurance required by this Section
shall be:
City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct business
in California that hold a current policy holder's alphabetic and financial size category rating of not
less than AXII according to the current Best's Key Rating Guide, or a company of equal financial
stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non -
admitted "surplus lines" carriers, they must be included on the most recent List of Approved
Surplus Line Insurers ("LASLI") and otherwise meet rating requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by the
CITY's Risk Manager. If the CONSULTANT does not keep all insurance policies required by this
Section 19 in full force and effect at all times during the term of this Agreement, the CITY may
treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
J. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY. CITY reserves the right to modify the insurance
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requirements of this Section 19, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
K. If the CONSULTANT maintains broader coverage or higher limits (or both)
than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher
limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the CITY.
20. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court
settlement, shall be entitled to have and recover of and from the other party all costs and expenses
of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is stipulated
that attorney's fees incurred in the prosecution or defense of the action or suit shall not be
considered in determining the amount of the judgment or award. Attorney's fees to the prevailing
party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred
by the CITY in its prosecution or defense of the action, irrespective of the actual amount of
attorney's fees incurred by the prevailing party.
21. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for cause
in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in
connection with the formation of this Agreement or the performance of services, or the failure to
perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages
caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written
material shall vest in the CITY all rights set forth in Section 7.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization,
change in business name or change in business status of the CONSULTANT.
22. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
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or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed
by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the
State of California) after the date of deposit in a post office, mailbox, mail chute, or other like
facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable,
when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy,
facsimile or fax, when sent. Any notice, request, demand, direction or other communication
delivered or sent as specified above shall be directed to the following persons:
To CITY: Stephen Manganiello
Director of Public Works/City Engineer
Enginering & Public Works Department
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To CONSULTANT:
Brett Edwards
CEO, Owner
The EcoHero Show LLC
2012 W. Alluvial Ave.
Fresco, CA 93711
Notice of change of address shall be given by written notice in the manner specified
in this Section. Rejection or other refusal to accept or the inability to deliver because of changed
address of which no notice was given shall be deemed to constitute receipt of the notice, demand,
request or communication sent. Any notice, request, demand, direction or other communication
sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by
letter mailed or delivered as specified in this Section.
23. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at
all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official
position to influence in any way any matter coming before the CITY in which the CONSULTANT
has a financial interest as defined in Government Code Section 87103. The CONSULTANT
represents that it has no knowledge of any financial interests that would require it to disqualify
itself from any matter on which it might perform services for the CITY.
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❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT.
24. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wages rates apply to all public works contracts
as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3,
1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply
and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations.
25. ADMINISTRATIVE PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon,
or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules,
or provisions thereof conflict or are inconsistent with the terms and conditions contained in this
Agreement, the terms and conditions of this Agreement shall control.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Assignment & Assumption of Rights. CONSULTANT shall not assign this
Agreement, in whole or in part, to any other party without first obtaining the written consent of
CITY.
H. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
I. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. The venue for any legal action arising under
this Agreement shall be in either state or federal court in the County of San Diego, State of
California.
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CITY OF NATIONAL CITY
By.
Scott W. Huth, Interim City Manager
APPROVED AS TO FORM:
By:
Barry J. Sch
City Attorney
THE ECOHERO SHOW LLC
(Corporation — signatures of two corporate officers required)
(Partnership or Sole proprietorship — one signature)
By:
(Name)
(Print)
(Title)
By:
(/I**-(-- C)
(Title)
Standard Agreement Page 12 of 12 City of National City and
Revised February 2023 The EcoHero Show LLC
. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties
shall be subject to the examination and audit of the State Auditor for a period of three (3) years
after final payment under the Agreement, per Government Code Section 8546.7.
K. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise made
by either party hereto, or by or to an employee, officer, agent or representative of any party hereto
shall be of any effect unless it is in writing and executed by the party to be bound thereby.
L. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
M. Subcontractors or Subconsultants. The CITY is engaging the services of the
CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any
portion of the work, unless such subcontracting was part of the original proposal or is allowed by
the CITY in writing. In the event any portion of the work under this Agreerent is subcontracted,
the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor
of the CITY, both the insurance provisions in Section 19 and the indemnification and hold harmless
provision of Section 16 of this Agreement.
N. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting
party shall not apply in the interpretation of this Agreement, or any portions hereof, or any
amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
Standard Agreement Page 11 of 12 City of National City and
Revised February 2023 The EcoHero Show LLC
EXHIBIT A
4r_"goZZ. The EcoHero Shove
2012 W. Alluvial Avenue
Fresno. CA 93711
888-482-3885
Scope of Work: Recycling
National City; July 2025
SUMMARY
National City is considering hiring The EcoHero Show to promote litter abatement and
recycling messaging in elementary schools for the 2025-2026 school year.
COMPANY
About.
We believe monumental change begins with youth and combined our passions for
hip -hop and sustainability to create The EcoHero Show. Since 2015, Mr. Eco and his
EcoHero sidekicks have performed for schools around the globe, with the philosophy
that every kid can change the world! Through our program, we introduce students to
sustainability issues and how they can get involved. Performers teach dances or call &
responses to each of their music videos. Between songs, various topics are discussed
through storytelling & trivia to illustrate how students can have an impact on their
ecosystem at home and at school. In addition to our presentations, The EcoHero Show
offers ongoing learning resources, including our rap -along books and custom creations.
Experience:
• The EcoHero Show has been hired by 140+ cities/counties in CA, with the majority
using CalRecycle grants.
• We have performed environmental shows programming for 2,700+ schools in
seven countries reaching 1.4 million+ students.
• Our YouTube channel has 27,000+ subscribers and 3,500,000+ million views
• Our program has been adapted to suit both in -person and live -streaming formats.
• The EcoHero Show has created custom materials for 25 cities/counties to
promote sustainability initiatives that reflect their unique jurisdictions.
PROGRAM
Goals:
Our presentations will accomplish the following:
• Reinforce and create a sustainable culture at schools
• Education on illegal dumping & litter abatement
• Education on CRV & bottles/cans recycling
• Promote personal behavior change to adopt at school and home
• Inspire EcoHero leaders for their life
Workflow:
How our process works:
• We work with you to identify messaging preferences, budget, and a list of eligible
schools in advance of any school outreach.
• We handle all of the communications with schools. This includes promotion,
scheduling, logistics management, and data collection.
• A schedule of presentations is shared and sponsoring staff are welcome to attend
any show if they would like.
• At the end of the school year, we send "Impact Reports" that outline the number of
schools & students reached, testimonials, and survey results. Click here to view
the Impact Report we sent to one of our sponsors.
• Students can continue learning through The EcoHero Club, our themed books,
and on our YouTube page. Teachers are also sent classroom curriculum should
they wish to offer additional education on the topics presented after the show.
Core Offerings:
Individual Schools Performances
We have two presentation styles that serve as both education and outreach tools:
• Our Whole School Assemblies are 40 minutes long and developed for students it
K — 5th grades. These are presented in -person to the entire student body in a
large gathering space. Click here to watch our assembly overview video.
VA
o Note: Due to the pandemic, we also developed a live -stream version of this
offering to accommodate schools that could not host us in -person. We
continue to list that virtual offering on all documentation as a precaution.
• Our Classroom Presentations are 40 minutes long and developed for students in
1st — 5th grades. These are presented virtually by streaming directly into individual
classes. This offering helps us reach students at schools that may not be able to
book a whole school assembly. Click here to watch our classroom overview video.
Post -Performance Educavo-
The learning doesn't stop when our performance ends! We want the messaging
introduced durina our presentations to be continually reinforced in different educational
formats for all learning styles. We accomplish this via our EcoHero Club newsletter and
YouTube videos, but sponsors have access to two additional offerings.
• Follow-up Classroom Curriculum. We created these additional learning activities
for students to do in class following our shows. We cannot guarantee teachers will
provide this lesson, but we will be sharing the materials with them so they have
the option to do so. This is included in the performance cost and will be
automatically distributed following completion of our presentation. Click here to
review the post -presentation EcoHero Curriculum.
• Themed Rap -Along Books. We developed our very own EcoHero Books, with a
total of 8 in the series thus far! We currently have both litter reduction and
organics-themed versions. We can send copies to teachers, students, libraries,
and city buildings. We use the environmentally friendly printing service,
GreenerPrinter, located in The Bay Area for these books. All our books include a
video "rap -along" component that kids can follow along while reading.
Add-Ons Offerings-.
Custom Creations
We currently offer two customizable educational options to deepen the learning specific
to your community.
• We can create a Custom Rap -Along Book where our "Let's Go Eco" crew visits
your jurisdiction! For CCPP grants, we will chase the Litterbug down the streets of
your very own city. Click here to see an example of a book we created for the City
of Indio.
o Services include:
3
■ Script creation with custom ideas for specific jurisdiction
■ Art creation bringing the script to life
■ Audiobook singalong and video following the artwork
• We can create a Custom Song & Lyric Video that features your community. This is
an asset you would own for any marketing uses desired. Click here to watch
songs and videos we created for other jurisdictions.
o Services include:
■ Lyric creation with custom ideas for specific jurisdiction
■ Professional song recording featuring unique melodies and rhythms
■ Videographer capturing prominent landmarks and features
Pricing:
Our core offering costs are as follows:
• In -Person Whole School Assemblies: $1.250 per school
o $150 if a school requires a same -day second assembly
• Live -Streaming Whole School Assemblies: $900 per school
• Classroom Presentations: $320 per class
• Rap -Along Books: $30 per hardcover; $15 per soft cover
o Hardcovers are recommended for teachers, libraries, & city buildings. Soft
covers are recommended for direct distribution to students.
We reach students using a combination of the methods above, while remaining within the
allotted budget you provide. This performance pricing covers all costs related to booking
and performing at schools, as well as the follow-up classroom curriculum.
Our custom offering costs are as follow---
* Custom Book: $10,000 creation fee
o Pricing inclusive of coordination, art and story development, licensing and
branding (owned by sponsor), and e-book.
o Additional $10,000 for custom sing -along video accompaniment.
o Hardcover: $35 per book; Softcover: $20 per book.
• Custom Song: $15,000 creation fee
o Pricing inclusive of coordination, lyric development, lyric video
accompaniment, licensing and branding (owned by sponsor).
9A
Invoicing / Deposit
1e reauire a 20% refundable deposit to begin outreach. This payment will be applied as
a credit on your account to be used towards future presentations. We send invoices the
first week of each month for any shows completed the prior month. We'll inform you if
any budgeted funds are remaining as the agreement end date approaches. We can also
be flexible to work within any grant spending timelines.
PROCUREMENT
.-agreements:
We will follow the sponsor's preferred vendor procurement process, which can be as
simple as a signed estimate or as formal as a contract. If pursuing a formal agreement,
we ask that you please create flexibility in your contract language to allow for the
inclusion of new creative education avenues outside our "Core Offerings" that may arise
throughout the course of the contract period. We are always creating, improving, and
adjusting our offerings based on the needs of sponsors, schools, and grant sources. We
want to ensure you have the ability to incorporate any new services that excite you as
they arise, without the extra work required from contract amendments. New offerings will
not be incorporated without express permission received from the sponsor, nor will it
exceed the original budgeted amount. A business license, W9, sole source letter, and/or
certificate of insurance can be provided upon request.
.:alRecycle Grants:
Although we have repeatedly been approved by CalRecycle, they don't give "blanket
endorsements". CalRecycle wants each city and county to go through the process of
getting our program officially approved from their Local Jurisdiction CalRecycle
Kepreseniative. Click here for a complete list of CalRecycle reps.
Below is the information you'll need to send to your representative for approval.
Presentation slides & scripts:
• EcoHero CCPP: Assembly Overview
• EcoHero CCPP: Classroom Overview & Video Answers to Questions
5
CCPP-related Books:
• Litterbua
• Dr. Ecc
EXHIBIT B
T I AT
The EcoHero Show LLC
2012 W. Alluvial
Fresno, CA 93711
Bill to
National City
Estimate details
Estimate no.: 1782
Estimate date: 07/30/2025
# Service Date Product/Service
billing@ecoheroshow.com
+1 (888) 482-3885
www.ecoheroshow.com
1. The EcoHero Show Program
Description
Performances:
- Up to 11 In -Person Whole School
Assemblies ($1,250 for first show, $150
for second show)
- Up to 16 Virtual Whole School
Assemblies ($900 per school)
- Up to 46 Virtual Classroom
Presentations ($320 per classroom)
- Or a mix of above offerings, not to
exceed budgeted amount
Reinforcement Tools:
- Rap -Along Books ($30 per
hardcover, $15 per softcover)
- Or other offerings mutually agreed
upon in advance by both parties
Total
Note to customer
Budget spans September 1, 2025 through December 31, 2026.
A 20% refundable deposit has been instituted. This will be applied
as a credit on your account that is then used towards future
presentations.
Accepted date Accepted by
Qty Rate Amount
1 $14,915.00 $14,915.00
$14,915.00
Calftcydeo
National City
Beverage Container Recycling City/County Payment Program
City/County Annual Payment and Reporting System
Funding Request Certification
Funding Request Cycle: FY 2024-25 Type: Individual Eligible Funds ($):
Program Requirements
1) PRC 14581 (a)(3)(B)
Project Description:
The City of National City will use the funds to launch a public education campaign to promote beverage container recycling.
2) PRC 14581 (a)(3)(F) (Supermarket sites refer to certified recycling centers at supermarkets (PRC 14526.6))
Have you prohibited the siting of a supermarket site?
No
Have you caused a supermarket to close its business?
No
Have you adopted a land use policy that restricts or prohibits the siting of a supermarket site within your jurisdiction?
No
14,915
3) Are you currently participating in mediation mandated by AB 506 ? Have you attempted to initiate such mediation or have
you declared a fiscal emergency within the last 12 months? Note: The answer is for informational purposes and will not be
used to determine eligibility for payment funding.
No
4) California Labor Code section 1782 prohibits a charter city from receiving state funding or financial assistance for
construction projects if that charter city does not comply with Labor Code sections 1770-1782. If any applicants or
participating jurisdictions are charter cities, the lead applicant must certify that Labor Code section 1782 does not prohibit any
included charter city from receiving state funds for the project described in this Funding Request. If it is determined after
award that a participating jurisdiction is a charter city prohibited from receiving state funds for this project, the agreement will
be terminated and any disbursed program funds shall be returned to CalRecycle. If any applicant or participating jurisdiction is
a charter city , does Labor Code section 1782 prohibit those charter cities from receiving state funding for the project
described in this Funding Request? Check the following, as applicable.
Not Applicable, This Funding Request does not include any charter cities.
5) These funds shall not be used for activities unrelated to beverage container recycling or litter reduction, Public Resources
Code 14581 (a)(3)(C). Applicant acknowledges that submittal of this Funding Request constitutes acceptance of all provisions
contained in the Application Guidelines and Instructions FY2024-25.
Yes, I Accept
Name
Contact Type Title Phone Email
Mrs. Martha Juarez
Secondary
Mr. Ricardo Rodriguez
Primary (Funding
Request)
Mr. Ben Martinez
Signature Authority
Ms. Tirza Gonzales
Secondary
Mr. Dennis Davies
Secondary
Assistant Director
of Engineering &
(619) 336-4380 mjuarez@nationalcityca.gov
I
Public Works
Assistant
Engineer -Civil
(619) 3364388 ricardor@nationalcityca.gov
_
City Manager1(619)
(619) 336-4240 bmartinez_@nationalcityca.gov
Operations
336-4380
Manager
tonzales@nationalcityca.gov
!Consultant
(619) 887-1002 ddavis@nationalcityca.gov
Address Address Type County
1243 National City Blvd Physical, Mailing, Payment San Diego
National City, 91950 1
National City Page 1 of 2 Printed: 11/18/2024
Beverage Container Recycling City/County Payment Program
Ca! Rec ycle City/County Annual Payment and Reporting System
Funding Request Certification
Document Type Date Title
Resolution 05/17/2016 Resolution authorizing submittal of applications
Activity Expenditures
Current Activity Group Current Activity Item Budgeted Funds (�)
Schools - Elementary
Recycling Education Schools - Middle 14,915
Schools - High
Total: 14,915
Penalty of Perjury Statement:
"I certify under penalty of perjury, under the laws of the State of California that I am authorized to sign this Funding Request
on behalf of Recipient, that I have read the City/County Payment Program Guidelines and that to the best of my knowledge
and belief that information provided in this Funding Request is true and correct."
X
Signature of Signature Authority (as authori7,ed in Resolution) or Date
Authorized Designee (as authorized in Letter of Designation)
[ L M Al I f �/ A M ��l �,'L- I TA/
Print Name Print Title
IMPORTANT! Recipient must print out this page, obtain signature of Signature Authority, upload signed document to the
City/County Annual Payment and Reporting System, and retain the original document in the Recipient's cycle file.
National City Page 2 of 2 Printed: 11/18/2024
From: CitvCounty
To: Ricardo Rodriguez
Subject: City/County Payment Program - FY 2024-25 - Payments Funds
Date: Wednesday, April 2, 2025 3:05:59 PM
Attachments: CCPP -FY 2024-25- Award RFA Signed.odf
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially
from unknown senders.
Good Afternoon,
Congratulations on the approval of the FY 2024-25 City County Payment Program
Application. CCPP payment funds will arrive in approximately 1-2 weeks, if you have
not received it already. Please be aware that the warrant will include an invoice #
identified as "CCP-24-XXX".
Please find attached the signed Request for Approval for this award. If you have any
questions, please contact your CalRecycle Regional Representative.
Thank you,
City/County Payment Program
Request for Approval
To: Michelle Martin
Deputy Director, Division of the Circular Economy
From: Lauren Barva
Branch Chief, Financial Resources Management Branch 2
Request Date: January 7, 2025
Decision Subject: Awards for the Beverage Container Recycling City/County Payment
Program (California Beverage Container Recycling Fund, Fiscal Year
2024-25)
Action By: January 21, 2025
Summary of Request
Staff requests approval of payments for the Beverage Container Recycling City/County Payment
Program (Program) for fiscal year (FY) 2024-25. Staff received 347 eligible Funding Requests
that included 382 jurisdictions, requesting a total of $8,962,899 in eligible costs for this program.
The funding available for FY 2024-25 is $10,500,000.
Funding
The Beverage Container Recycling City/County Payment Program has a continuous
appropriation from the California Beverage Container Recycling Fund of $10,500,000 per fiscal
year. The amount remaining reflects the total of all eligible funds from the jurisdictions that did
not apply or were denied funding.
Table 1. Funding
Fund Source Amount Amount to Amount Line Item
Available Fund Item Remaining
California Beverage $10,500,000 $8,962,899 $1,537,101 Local Assistance
Container Recycling /Grants
(FY 2024-25)
Background and Findings
Statutory Authority
Public Resources Code section 14581(a)(3)(A) of the California Beverage Container Recycling
and Litter Reduction Act, authorizes CalRecycle to expend $10,500,000 annually for payments
to cities and counties for beverage container recycling and litter cleanup activities. Payments
are calculated on a per capita basis, with a minimum payment of $5,000 to cities and $10,000 to
counties.
Page 1 of 11
Program Background
The program provides annual funding to California cities and counties for beverage container
recycling projects that assist in achieving an 80 percent recycling rate for the state.
Incorporated areas of a city, city and county, or the unincorporated area of a county as reported
by the California Department of Finance's annual population report (Report E-1 Population
Estimates for Cities, Counties, and the State Population Estimates with Annual Percent Change
(January 1, 2023, and 2024), are eligible to receive funding. Jurisdictions receive funding on a
per capita basis, or a minimum of $5,000 for cities and $10,000 for counties, whichever is
greater. All funds shall be available for expenditure until January 5, 2027, and are subject to
reporting requirements.
Criteria and Process
The Notice of Funds Available was posted on the CalRecycle web site on August 20, 2024, with
an appropriate notice sent to stakeholders. Funding Requests were due November 19, 2024.
There are 539 jurisdictions statewide. CalRecycle received 347 eligible Funding Requests,
including 12 Regional Funding Requests comprising of 35 participating jurisdictions. Of the
remaining 157 jurisdictions, 1 declined funding, and 156 did not submit a Funding Request and
therefore were disqualified. Any remaining funds will revert back to the California Beverage
Container Recycling Fund. All funds shall be available for expenditure until January 5, 2027,
and are subject to reporting requirements.
Listed below are the types of projects recommended for funding.
The types of projects recommended for funding include implementation of new or existing
curbside or neighborhood drop-off beverage container recycling programs, the purchase and/or
installation of recycling bins for collection of California Refund Value (CRV) materials, public
education and outreach promoting beverage container recycling, cooperative regional efforts
among two or more cities and counties, purchase and installation of water refill stations, litter
reduction and cleanup where the waste stream includes beverage containers, and in some
instances, the expansion of current recycling collection activities in underserved areas and
locations.
Recommendation
Staff recommends approval of 347 payment awards as listed below for $8,962,899.
Table 2. Recommended Awards
Page 2 of 11
Applicant
City of Laguna Niguel
_City of Lake Elsinore
Citv of Lake Forest
City Lakewood
City of Lancaster _
City of Larkspur
Ci of Lawndale
City of Lemon Grove
City of Lincoln_______________
City of Livermore
City of Livingston
City of Lodi
City of Loma Linda
City of Lompoc
City of Long Beach
Cily of Los Angeles
[-City of Malibu _
City of Manhattan Beach
Ci of Martinez
Ci of Maywood _
i City of Mendota
City of Menifee _
City of Merced
City of Mill Valley
City of Millbrae
City of Milpitas
City of Mission Viejo
_City of Modesto
City of Monrovia
City of Montclair
Ci of Montebello
'--City of Monterey_
City of Moorpark
City of Moreno Valley
City of Morgan Hill
LCit_y of Morro Bay _
City of Mountain View
City of National City
City of Nevada City
Chi of Newport Beach
i City of Norwalk
City of Novato v_ _ _
City_of Oakland
City of Oakley
City of Oceanside
Award Amount
$16,339
$18,117
$21, 958
$5,000
$8,035
$7,219
$13,592
$21,439
$5,000
$16,886
$6,573
$11,203
114,316
947,632
$5,000
_ $8,865
$9,422
$6,445
$28,078
$23,180
$5,000
$6,108
$20,681
$23,048
$54 477
$9,832
$9,614
$
$15 753
7,104
_ $9,093
$51,816
$11 892 I
$5,000
$21,863
$14,915
$5,000
$20,841
$25,498
$13,073
105,942
$11,731
$42,959
Page 6 of 11
Applicant
Town of Atherton
Town of Colma
Town of Corte Madera
Town of Danville
Town of Loomis
Town of Los Altos Hills
Town of Mammoth Lakes
Town of Moraga
Town of Paradise
Town of Tiburon
Town of Truckee
Town of Woodside
Town of Yucca Valley
Trinity County_
Tulare County
Tuolumne County
City of Sonora
Yolo County
Yuba County
• Sutter County
• City of Yuba City
• City of Wheatland
• City of Marysville
• City of Live Oak
Total Award
Award Amount
$5,000
$5,000
$5,000
$10,944
$5,000
$5,000
$5,000,
$5,000
$5,000
$5,000 ,
$5,000
$5,000
$5,736 ,
$10, 000_
$34,090
$17,983 j
$10,000
$60,223
$8,962,899
Deputy Director Action
On the basis of the information and analysis in this Request for Approval and the findings set
out herein, I hereby conditionally approve the grant awards for the 347 Grant Program as listed
in Table 2. Each proposed grantee's award is subject to two conditions:
1. The recommended grantee must pay all outstanding debts due to CalRecycle, or bring
current any outstanding payments owed to CalRecycle, within 60 days of the date of the
award.
2. Compliance with the Beverage Container Recycling City/County Payment Program
Guidelines, Fiscal Year 2024-25, which included a Funding Request due date of
November 19, 2024.
Michelle Digitally signed by
Michelle Martin
Martin Date:2025.01.15
9:41:14-08'00'
Michelle Martin
Deputy Director
Dated
Page 11 of 11
RESOLUTION NO. 2025 - 64
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
1) ACCEPTING BEVERAGE CONTAINER RECYCLING CITY/COUNTY PAYMENT
PROGRAM GRANT FUNDS IN THE AMOUNT OF $15,591 FOR FY24 AND $14,915 FOR FY25
FROM THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY
FOR FUTURE IMPLEMENTATION OF RECYCLING PROJECTS AND PROGRAMS; AND 2)
AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING
REVENUE BUDGET IN THE AMOUNT OF $30,506.
WHEREAS, the California Department of Resources Recycling and Recovery
("CaIRecycle") administers the Beverage Container Recycling City/County Payment Program (the
"Program") to award funds to eligible California cities and counties specifically for beverage
container recycling and litter cleanup activities; and
WHEREAS, the goal of the Program is to reach and maintain an eighty (80) percent
recycling rate for all California Refund Value beverage containers - aluminum, glass, plastic, and
bi-metal; and
WHEREAS, the City of National City ("City") has received funding from the Program since
FY 2005-06 and, for the FY24 and FY25 funding cycles, the City was awarded $15,591 and
$14,915, respectively, to implement recycling projects and programs (the "Grant'); and
WHEREAS, the Grant funds will be used to purchase beverage recycling containers for
our local community parks, purchase reusable tote bags specifically designed to educate and
promote beverage container recycling, develop public educational flyers and brochures promoting
beverage container recycling, and launch public education campaigns to promote beverage
container recycling, consistent with prior uses for such funds, with priority given to procuring and
installing containers in areas where replacement or additional coverage is needed, and providing
public education on recycling; and
WHEREAS, City staff recommends the City Council adopts this resolution accepting the
Grant funds and authorizing the establishment of an appropriation and corresponding revenue
budget in the Refuse Enterprise Fund in the amount of $30,506.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the acceptance of Beverage
Container Recycling City/County Payment Program grant funds from the California Department
of Resources Recycling and Recovery in the amount of $15,591 for FY24 and $14,915 for FY25.
Section 2: That the City Council hereby authorizes the establishment of an
appropriation of $30,506 and a corresponding revenue budget in the FY26 Refuse Enterprise
Fund.
Section 3: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 17th day of June, 2025.
orrison, Mayor
ATTEST:
% v-d r..i
f Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
oe
�� 4
Barry J. S u , City Attorney
Passed and adopted by the City Council of the City of National City, California, on June
17, 2025 by the following roll -call vote, to -wit:
Ayes: Molina, Rodriguez, Yamane, Bush, Morrison
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: Ron Morrison
Mayor of the City of National City, California
Shelley Chapel
City Clerk of the City of National City, California
�r BY:
Shelley Gi pel, MMC, City Clerk
G�