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HomeMy WebLinkAboutItem 14 - Agreement for Solid Waste Public Education ServicesPublic Works Agency www.santa-ana.org/pw Item # 14 o`'r City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 21, 2026 TOPIC: Agreement with Discovery Science Center of Orange County for Solid Waste Public Education Services AGENDA TITLE Agreement with Discovery Science Center of Orange County for Solid Waste Public Education Services (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Discovery Science Center of Orange County for public education services for the term beginning April 21, 2026 and expiring October 31, 2026, with no extensions, in an amount not to exceed $135,000 (Agreement No. A-2026-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Assembly Bill 939 (AB 939) and Senate Bill 1383 (SB 1383) mandate waste diversion from landfills and require jurisdictions to implement recycling programs that include a robust public education component. The City of Santa Ana maintains compliance with these state requirements through a combination of diversion programs, recycling initiatives, and ongoing public education efforts, including a contract with the Discovery Science Center of Orange County (DSCOC). Since 2013, the City has contracted with DSCOC to deliver waste reduction and recycling education through its award -winning Eco Challenge exhibits, including Race to Recycle, Eco Garage, Discovery Market, and the Organic Waste Lab. These exhibits provide interactive, hands-on learning experiences designed to promote behavioral change across all age groups through educational content, stage presentations, and demonstrations. As part of this contract service, DSCOC also administers a targeted program for Santa Ana residents known as "Santa Ana Waste Free Days." Through this program, Santa Ana residents receive free admission to the Discovery Cube to participate in customized educational programming focused on recycling, organics diversion, and proper waste disposal practices. While residents do not pay an admission fee to attend these events, Agreement with Discovery Science Center of Orange County for Solid Waste Public Education Services April 21, 2026 Page 2 the City fully funds the cost of participation as part of its compliance with state - mandated public education and outreach requirements. This arrangement ensures equitable access to high -quality environmental education while supporting the City's obligation to report annually on school and community education efforts under AB 939 and SIB 1383. The City's previous agreement with DSCOC operated under a year-round programming model with an annual contract amount of $135,000, totaling $675,000 over a five-year term. During that same period, program participation has increased significantly in recent years. Attendance grew from 3,715 residents in 2022 to 5,380 in 2023, peaking at 8,523 in 2024, with 7,954 participants in 2025. The program now serves approximately 8,000 residents annually, with peak participation occurring between June and August, representing roughly 4,500 attendees. In response to increased demand, DSCOC initially proposed a revised 2026 agreement with a full -year program and an annual budget of $180,000. However, staff recommends maintaining the existing annual budget of $135,000. To maximize program effectiveness within this funding level, staff proposes transitioning from a year-round model to a seasonal program focused on peak participation months. The proposed 2026 agreement will concentrate programming and resident free days from May through October, when resident engagement is highest. The agreement is structured to expire in October 2026, aligning with the proposed seasonal programming period and allowing the City flexibility to assess future program delivery options. This includes the potential development of in-house environmental education programming, such as recycling and organics diversion initiatives at the Santa Ana Zoo. While the City continues to evaluate long-term strategies to meet evolving state education requirements, DSCOC remains an effective service provider. As a recognized leader in science and environmental education, DSCOC provides an established and effective platform to enhance community awareness and support regulatory compliance. The proposed agreement establishes a service target of 7,000 residents during the 2026 term. The updated program structure includes refined educational elements, enhanced outreach and marketing efforts, and continued alignment with the City's environmental compliance objectives. Staff recommends that the City Council approve the agreement with DSCOC to continue providing high -quality environmental education programming to Santa Ana residents at no direct cost to participants, while ensuring the City remains in compliance with AB 939 and SIB 1383. Agreement with Discovery Science Center of Orange County for Solid Waste Public Education Services April 21, 2026 Page 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the current FY 2025-26 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description 2025-26 06917640- Refuse Refuse Collection $67,500 62300 Collection Service, Contract Service Services Professional 2026-27 06917640- Refuse Refuse Collection $67,500 62300 Collection Service, Contract Service Services Professional Total: $135,000 EXHIBIT(S) 1. Agreement with Discovery Science Center of Orange County Submitted By: Rodolfo Rosas, P.E., Acting Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager AGREEMENT WITH DISCOVERY SCIENCE CENTER TO PROVIDE RECYCLING EDUCATION PROGRAM THIS AGREEMENT is made and entered into on this 21 st day of April, 2026 by and between Discovery Science Center of Orange County, a California 501(c)(3) non-profit corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. Consultant offers an educational program focusing on practical recycling and waste reduction behaviors in the home, otherwise known as the Santa Ana Waste Free Days Program ("Program"). Consultant has provided the Program to Santa Ana residents for more than ten years under past agreements with the City. B. City desires to continue the Program to provide interactive education and experiences for residents, which highlights the importance of environmental sustainability, such as recycling, composting, and responsible waste disposal. C. Consultant represents that Consultant is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $135,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the Paget of 8 City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on April 21, 2026 for a 6-month term, expiring October 31, 2026. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement C'Documents & Data" ). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Insurance requirements are attached hereto as Exhibit D. 7. INDEMNIFICATION Page 2 of 8 Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2792.9, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the perfonnance of this Agreement, and Page 3 of 8 further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information., but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c, The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any Ca1PERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (e) above. Page 4 of 8 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Page 5 of 8 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) Page 6 of 8 P.O. Box 1988 Santa Ana, California 92702 To Consultant: Isabel Rios Director, Partner Relations Discovery Cube OC 2500 N Main Street Santa Ana, CA 92705 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney f By: 6r2- Kyle ellesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Rodolfo Rosas s DIN: ar Rodolfo Rosas, Rodolfo Rosa email=l=rrosas@santa-ana.org, c=US Date: 2026.04.0615:56:54-07'00' Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONSULTANT: By: VJII Title: ��'�-W Page 8 of 8 EXHIBIT A City of Santa Ana Waste Free Day Scope of Work A I V U m 4 Submitted by: Isabel Rios Director, Partner Relations Discovery Cube OC 2500 N Main Street Santa Ana, CA 92705 irios@discoverycube.org discoverycube.org Santa Ana Waste Free Days Proposed Scope of Work Program Overview u�. DiscoveryCube Discovery Cube of Orange County, in partnership with the City of Santa Ana, will provide its residents with free access to the science center on the first Tuesday of each month from May 2026 to August 2026. These designated days, referred to as Santa Ana Waste Free Days, will highlight the importance of environmental sustainability through engaging educational programming, interactive demonstrations, and hands-on activities for all ages. Discovery Cube, recognized nationally as a leader in science education and home to a variety of environmentally focused exhibits, offers a unique platform for the City of Santa Ana to advance community -wide goals related to recycling, composting, and responsible waste disposal. This partnership will leverage Discovery Cube's expertise and resources to inspire Santa Ana residents to adopt sustainable practices at home, school, and in the community. Our partnership will enable Santa Ana participants to engage with the Eco Challenge exhibits, including Race to Recycle, Helicopter Tours, Eco Garage, Discovery Market, and the Organic Waste Lab. With the implementation of SB 1383, the outdoor Organic Waste Lab serves as a vital educational resource for Santa Ana residents, teaching them how to preserve environmental resources through organic recycling and composting. We are dedicated to working closely with the Santa Ana community to achieve meaningful results. Task 1: Program Elements On each Waste Free Day, Discovery Cube will deliver a variety of engaging, family -friendly educational experiences designed to build environmental awareness and inspire action. Program elements include: 1. Interactive Stage Shows Live, high-energy performances that engage audiences through entertainment and participation while introducing key concepts related to waste reduction, recycling, and sustainability. 2. Environmental Presentation in the Planetary Research Station A focused educational presentation highlighting the impact of waste on our planet. The presentation will incorporate compelling visuals, interactive components, and practical, actionable steps that community members can apply in their daily lives. Page 1 of 5 -�ytN i DiscoveryCube 3. Interactive Organic Recycling Program This program provides hands-on tabletop activities that educate participants on organic recycling and composting. Through a guided activity, participants learn how to properly use the City of Santa Ana's Organic Green Waste, Commingled Recycling, and Waste Carts. The program also includes the Organic Waste Lob (OWL), where participants explore composting concepts and learn the role of worms in decomposing organic waste and supporting healthy soil. Please note that if the first Tuesday of the month falls on a Discovery Cube annual festival, Discovery Cube will provide a modified educational experience. Task 2: Resident Program Materials On each Santa Ana Waste Free Day, every Santa Ana resident will receive a digital program packet designed to enhance their visit and extend the educational impact. The program will include: 1. Schedule of Activities o A detailed schedule outlining stage shows, demonstrations, tabletop activities, and other experiences available throughout the day. 2. Guest Survey o A survey tool allowing residents to provide feedback on their experience and to measure learning outcomes related to recycling, composting, and waste reduction. 3. City of Santa Ana Resources o Recycling, composting, and waste disposal information specific to Santa Ana, prepared and provided by the City, to encourage direct application of sustainability practices at home and in the community. Task 3: Outcomes and Impact Through this partnership, the City of Santa Ana and Discovery Cube will: I. Provide equitable access to high -quality science education experiences for the residents of Santa Ana. 2. Foster community awareness of positive recycling, composting, and waste disposal practices. Page 2 of 5 DiscoveryCube 3. Strengthen the city's commitment to environmental responsibility and sustainability education. Discovery Cube OC requests a 6-month term. The service period is from May 1, 2026, to October 2026. Santa Ana Waste Free Schedule The Santa Ana "Waste Free Day" event will be held on the first Tuesday of each month. The schedule for 2026 is as follows: - Tuesday, May 5, 2026 - Tuesday, June 2, 2026 - Tuesday, July 7, 2026 - Tuesday, August 4, 2026 - Tuesday, September 1, 2026 - Tuesday, October 6, 2026 By investing in Waste Free Days at Discovery Cube, the City of Santa Ana will create opportunities for residents of all ages to participate in meaningful, science -based learning that supports a cleaner, healthier, and more sustainable future. Task 4: Reporting & Evaluation Discovery Cube will provide the City of Santa Ana with: 1. Annual attendance reports, including verification of Santa Ana resident participation and total number of visitors for each Santa Ana Waste Free day. 2. Survey results with an evaluation of the program's impact on community engagement and environmental awareness. 3. A summary of program activities and outcomes delivered during each Waste Free Day, 4. Documentation of program components, including samples of printed materials used to market educational outreach efforts. 5. Annual report summarizing all aspects of the program. Task 5: Afterschool program Integration Discovery Cube currently operates after -school programs in partnership with the Santa Ana Unified School District. Leveraging this existing collaboration, Discovery Cube will develop and deliver education on waste, recycling, and composting to all students participating in the after - school program. Page 3of5 DiscoveryCube 1. Curriculum Alignment: All lessons will be designed in alignment with the Next Generation Science Standards to ensure educational rigor and relevance. 2. Instructional Approach: Programming will feature hands-on, inquiry -based activities that actively engage students in understanding sustainable practices and applying them in meaningful ways. 3. Student Reach: Based on current enrollment numbers, Discovery Cube anticipates serving approximately 500 students annually through this initiative. Task 6: Marketing Plan Discovery Cube OC will deploy targeted marketing exclusively to Santa Ana residents to maximize participation in the environmental education programs. Our in-house marketing team will execute: 1. Direct digital outreach via email and social media to Santa Ana households. 2. Geo-targeted campaigns ensuring messaging reaches only Santa Ana zip codes. 3. Community partnerships through Santa Ana schools, libraries, and neighborhood networks. Our strategy aligns with the City of Santa Ana's sustainability goals, driving resident participation, strengthening community engagement, and building lasting awareness of environmental responsibility. Annual Rate: The Santa Ana Waste Free Days program is provided at an annual cost of $135,000, billed biannually. This rate covers all services and deliverables specified in the Scope of Work and is designed to promote sustainable practices among Santa Ana residents at home, in educational settings, and across the community. Invoicing and Reporting Discovery Cube will provide the City of Santa Ana with two invoices and corresponding reports per year, submitted at the beginning of May and the end of October. The invoices will outline the services rendered by Discovery Cube during the proceeding period (when applicable) and scope of work, along with the corresponding fees. The report will include the program milestones detailed in the Scope of Work. Page 4 of 5 ,(Dy r T4 DiscoveryCube Term This Scope of Work contract proposes a 6-month agreement. The designated service will begin on April 21, 2026, and continue through October 31, 2026. Page 5 of 5 EXHIBIT B Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. • Sexual Abuse or Molestation Liability (SAML): If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Consultant shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit of no less than $1,000,000 per occurrence or claim. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies. Workers' Compensation (WC): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Consultant has no employees. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: CGL, SAML and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City. All required insurance policies: For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage: shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:, Leilani Tellez, 20 Civic Center Plaza, M-11, Santa Ana, CA 92701. The name and the location of event should be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Consultant must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Consultant shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub -contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.