Agenda Item   



                                                                                                                        ASR Control  20-000215




legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Waste & Recycling   (Approved)

Department contact person(s):

Tom Koutroulis (714) 834-4122 



Lisa Smith (714) 834-4137



Subject:  Extend and Amend Agreement for Strategic Marketing and Outreach Services


     ceo CONCUR

County Counsel Review

Clerk of the Board


Approved Agreement to Form




3 Votes Board Majority




    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A




    Staffing Impact:


# of Positions:

Sole Source: Yes

    Current Fiscal Year Revenue: N/A

  Funding Source: AB 939 Surcharge Revenue: 100%

County Audit in last 3 years: No



    Prior Board Action: 02/26/2019 #29




Approve and authorize the County Procurement Officer or authorized Deputy to execute Amendment Number Two to extend and modify agreement with Anaheim Ducks Hockey Club, LLC for strategic marketing and outreach services, through February 28, 2021, with no change to the agreement monetary limit.







Approval to extend and modify the strategic marketing and outreach service agreement with Anaheim Ducks Hockey Club, LLC will allow for additional time to complete remaining contractual items that were impacted by the state and County’s issuance of Health Orders due to COVID-19.






OC Waste & Recycling (OCWR) is responsible for managing the County's solid waste disposal system, which consists of three active regional landfill operations, 21 closed solid waste disposal sites and four household hazardous waste collection centers.


The California Integrated Waste Management Act of 1989 (AB 939) mandated that cities and counties reduce the amount of waste disposed in landfills by 50 percent by the year 2000 or potentially incur fines of up to $10,000 per day. To support compliance with AB 939, on April 18, 2006, the Board of Supervisors (Board) approved a surcharge on all self-hauled waste disposed of at Orange County landfills. The revenue from the surcharge is restricted to expenses that support the implementation of such programs as educational outreach, marketing, branding and partnership activities that help increase waste diversion through recycling and other waste diversion activities.


Additional legislation, including AB 341 (Mandatory Commercial Recycling), AB 1826 (Mandatory Commercial Organics Recycling) and SB 1383 (Organics Diversion and Edible Food Recovery), combined with significant recycling market changes, require expanded public education and outreach to meet the County’s diversion goals.


To achieve these outreach goals, OCWR has executed agreements with various local high-profile partners to leverage outreach to County residents, including the Anaheim Ducks Hockey Club, LLC (ADHC).


On February 26, 2019, the Board approved a sole source agreement with ADHC for marketing and outreach services for one year, effective March 1, 2019 through February 29, 2020, in an amount not to exceed $121,500.


On January 29, 2020, Amendment Number One was issued to extend the agreement for one month, effective March 1, 2020, through March 31, 2020, with no change to the agreement monetary limit, in order to strategically align the final promotional tasks with the fitting, environmentally themed “Green Month” hockey games played during the month of March.


Due to the mandated Stay at Home Order in response to COVID-19, on March 12, 2020, the National Hockey League suspended its remaining 2019-20 regular season hockey games. The suspension continued past March 31, 2020, the date of the agreement expiration, resulting in some items not being able to be completed. Amendment Number Two will be effective April 1, 2020, through February 28, 2021, with no change to the agreed monetary limit, and modifies the scope of work, replacing incomplete items due to COVID-19 impacts with revised actions and added concessions of equal or greater value than the original items that remained outstanding.


Prolonged state-mandated closures due to the COVID-19 outbreak, along with the National Hockey League postponing the 2019-20 hockey season for an unknown amount of time, did not allow for OCWR to complete discussions with ADHC and bring this agreement to the Board sooner.  Following the agreement expiration on March 31, 2020, and once reasonable expectations were determined for ADHC’s ability to continue their work with the County, OCWR and ADHC renegotiated and revised the agreement scope so that ADHC is able to continue supporting OCWR’s efforts.


Performance by Contractor has been confirmed as at least satisfactory. OCWR has verified there are no concerns that must be addressed with respect to the ADHC’s ownership/name, litigation status or conflicts with County interests.


This agreement does not include subcontractors or pass through to other providers. See Attachment C for Contract Summary Form.







Revisions to this agreement are to extend the agreement term and revise the scope of work and do not include any financial impacts.












Attachment A - Redline - MA-299-19010701 Anaheim Ducks Hockey Club, LLC
Attachment B - MA-299-19010701 Anaheim Ducks Hockey Club, LLC Amendment Two
Attachment C - Contract Summary Form - Anaheim Ducks Hockey Club, LLC
Attachment D - Initial Agreement Sole Source Form for Anaheim Ducks Hockey Club, LLC