Agenda Item   



                                                                                                                        ASR Control  23-001119




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) 834-4357



Subject:  Approve Contract for Strategic Marketing and Outreach Services


      ceo CONCUR

County Counsel Review

Clerk of the Board


Approved Agreement to Form




3 Votes Board Majority




    Budgeted: Yes

Current Year Cost:   $500,000

Annual Cost: FY 2024-25 $1,082,778
FY 2025-26 $627,778
FY 2026-27 $662,778




    Staffing Impact:


# of Positions:            

Sole Source:   N/A

    Current Fiscal Year Revenue: N/A

   Funding Source:     Fund 299: 100%

County Audit in last 3 years: No

   Levine Act Review Completed: Yes


    Prior Board Action:         1/24/2023 #20, 1/25/2022 #30, 5/25/2021 #62, 2/26/2019 #29






Authorize the County Procurement Officer or Deputized designee to execute contract with Discovery Science Center of Orange County dba Discovery Cube Orange County to provide Strategic Marketing and Outreach Services for OC Waste & Recycling, for a three-year period, effective March 1, 2024, through February 28, 2027, in an amount not to exceed $2,873,334, renewable for an additional two-year term, with unused funds to be carried over year to year.


Authorize the County Procurement Officer or Deputized designee to make ministerial or non-ministerial changes to the contract.







Approval of the contract with Discovery Science Center of Orange County dba Discovery Cube Orange County to provide strategic marketing and outreach services will support compliance of state-mandated recycling education for OC Waste & Recycling.






OC Waste & Recycling (OCWR) is responsible for managing the County’s solid waste disposal system.  The system consists of three active regional landfill operations, 20 closed solid waste disposal sites, three composting facilities and four household hazardous waste collection centers.


The California Integrated Waste Management Act of 1989 (AB 939) mandates that cities and counties reduce the amount of waste disposed in landfills by 50 percent by the year 2000 or potentially incur fines 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 programs such as educational outreach, marketing, branding and partnership activities that help increase waste diversion through recycling and other waste diversion activities.


In 2009, the Board authorized OCWR to execute the initial contract with Discovery Science Center of Orange County dba Discovery Cube Orange County (Discovery Cube) for the design, construction and promotion of EcoChallenge exhibits to promote waste diversion and recycling. Discovery Cube’s County-sponsored recycling exhibits and programming provide education on state mandates and recycling best practices, fostering a public understanding of the importance of waste diversion through a 10-year partnership.


Legislation including AB 341 (Mandatory Commercial Recycling), AB 1826 (Mandatory Commercial Organics Recycling) and most recently, SB 1383 (Organics Diversion and Edible Food Recovery), combined with significant changes in recycling best practices, require increased and expanded public education to meet the County’s state-mandated diversion, compliance and enforcement goals. New legislation and modified messaging created the need for updates to the Discovery Cube exhibits and outreach programming, including SB 1383’s compliance implementation which began January 1, 2022, and enforcement standards beginning January 1, 2024. Residents and businesses who do not meet the proper organics recycling requirements will be subject to enforcement actions as implemented by their jurisdiction.


OCWR is requesting the Board to approve a sole source contract MA-299-24010676 (Contract) with Discovery Cube, for strategic marketing and outreach services, effective March 1, 2024, through February 28, 2027, in an amount not to exceed $2,873,334, renewable for an additional two-year term, with unused funds carried over from year to year. This allows Discovery Cube and OCWR to update and continue education in support of critical new messaging and enforcement. The Contract will update messaging to existing EcoChallenge exhibits to reflect legislation changes, modify dated technology and software, and expand educational programming inside and outside of the exhibits. In addition, the Contract includes sponsorship of a seasonal “Pumpkin Palooza” festival promoting organics recycling, new Healthy Kitchen programming providing education on food waste reduction and organics recycling best practices, design/build of an LED wall to promote OCWR initiatives and messaging, field trip and after school programs targeting all five Supervisorial districts and educational outreach and marketing. Quarterly and annual evaluations for exhibits and programming will be used to record attendance and assess desired outcomes.


County sponsored EcoChallenge exhibits and subsequent programming have become well branded, impactful educational outreach programs supporting waste diversion education goals required by the AB 939 compliance. Over the years, OCWR has continued growing the outreach program to evolve with latest waste diversion legislation while fostering the next generation of environmental stewards.


Recent actions for the existing contract with Discovery Cube are identified below.


Board of Supervisors Approved

Amendment Number or Contract

Contract Term

Contract Amount


BOS approved 1/24/2023




Approval of fifth and final year of contract.

BOS approved 1/25/2022


3/1/2022 – 2/28/2023


Renewal of year four of contract.

BOS approved 5/25/2021


3/1/2019 to 2/28/2022


Added language to carry over unused funds from year-to-year, and added new Task #10 for promotion and marketing of new organic waste lab, at no additional cost.

Administratively approved 4/6/2021


3/1/2019 to 2/28/2022


Change of Task #2 for Earth Day activities to transition to virtual due to Covid, at no additional cost.

Administratively approved 8/20/2019


3/1/2019 to 2/28/2022


Change of originally proposed organic waste lab outdoor exhibit location at the Cube at no additional cost.

BOS approved 2/26/2019


3/1/2019 – 2/28/2022


Original contract/



The Orange County Preference Policy is not applicable to this contract award. This Contract does not include subcontractors or pass-through to other providers, see Attachment B, Contract Summary Forms.


Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.  The approval of this agenda item does not commit the County to a definite course of action in regard to a project since the activity is the awarding of contracts for strategic marketing and educational outreach only. This proposed activity is therefore not subject to CEQA.  Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.






Appropriations for the contract are included in the FY 2024-25 Budget for OC Waste & Recycling Fund 299 and will be included in the budgeting process for subsequent years. AB 939 surcharge revenue will fund this contract’s proposed marketing and outreach activities.











Attachment A – Contract MA-299-24010676 Discovery Cube
Attachment B – Contract Summary Form